Keyword: firstamendment
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A federal appeals court gave an anti-abortion group the go-ahead Wednesday to drive trucks with enlarged photos of aborted fetuses past California schools, saying the Constitution protects the display of disturbing messages. Los Angeles County sheriff's deputies interfered with free speech by ordering the driver of one such truck to move away from a middle school, said the Ninth U.S. Circuit Court of Appeals in San Francisco. The deputies had cited a state law barring disruptive activities near public school grounds. "The government cannot silence messages simply because they cause discomfort, fear or even anger," said a panel of three...
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What is the Fairness Doctrine? - It’s NOT about fairness o It is a government plan to censor talk radio and Christian radio - FCC regulation that requires broadcasting stations to air both sides of a controversial issue o Reduces, rather than encourages discussion of controversial issues of public importance o While in effect, broadcasters limited controversial programming in fear of government sanction and administrative and legal expenses - Equal time would be provided free of charge, becoming costly to broadcasting licensees, who would eventually drop popular shows like Rush Limbaugh, Sean Hannity, and Laura Ingraham o In fact, Bill...
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A three-judge panel of the Tenth Circuit Court of Appeals ruled in favor of FairLDS, Scott Gordon, and Allen Wyatt and against Sandra Tanner and Utah Lighthouse Ministry. This lawsuit was an effort to limit free speech by making an online parody websites legally actionable. The case was previously thrown out in summery judgment by the Tenth Circuit Court for the District of Utah, but Mrs. Tanner appealed. You can read the full court ruling here: http://www.ck10.uscourts.gov/opinions/07/07-4095.pdf You can read a write-up from the Citizen Media Law Project on the judgment here: http://tinyurl.com/58dvho Here is the original District judge's ruling...
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9th Circuit Court of Appeals Hands First Amendment Victory to Center for Bio-Ethical Reform COLUMBUS, OH– July 3, 2008 – A federal appellate panel ruled Wednesday that the Los Angeles County Sheriff's Department violated the Center for Bio-Ethical Reform's (CBR) free speech rights when two CBR associates were forced to move a mobile billboard display of enlarged photos of early-term aborted fetuses away from a Rancho Palos Verdes middle school campus. The Center for Bio-Ethical Reform (CBR), a non-profit pro-life educational foundation, sued the LA County Sheriff's Department and an assistant principal at Dodson Middle School, claiming civil rights...
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IFI Media Watch It's a cold dark day. A group of stern-looking men and women sit in a conference room and decide what their countrymen should hear and what they shouldn't. "This isn't reflective of the people's wishes," says one member of the panel. "Yes, we'll have to make room for what our leader thinks," says another without batting an eye. Now you might be thinking I'm describing an event in Iran or the former Soviet Union. Perhaps it's an historical description of a meeting of the Communist Bloc in Mao Tse Tung's China. Sadly, it is none of the...
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<p>Some Houston residents are upset after Korans were left on the doorsteps of hundreds of homes in their neighborhood as part of a campaign to educate people about Islam.</p>
<p>Residents of Braes Timbers in southwest Houston began finding the holy books two weeks ago, MyFOXHouston.com reported. The Korans came with a note saying they had been left by the Book of Signs Foundation, which claims to have distributed 30,000 free copies of the texts to residents throughout the city.</p>
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Pull back for a moment from the day-to-day and see the pattern. Talk radio. Oil. Guns. Global warming. Smoking. On the surface this is a seemingly unconnected laundry list of issues, their connection one to another tangential at best. Or is it? In the increasingly disturbing view we are all getting of the messianic world that is Obamaland, these subjects in fact have a chilling commonality. * Talk Radio: Think back for a moment to that threatening letter sent earlier this year to Rush Limbaugh's business partners at Clear Channel Communications by Senator Harry Reid, the Democrats' Senate leader. It...
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A Priceless Opinion The Supreme Court strikes down the Millionaire's Amendment. by Hans A. von Spakovsky IN THE EXCITEMENT over the Supreme Court's decision in the D.C. gun ban case, almost overlooked was a second decision that struck another blow against the McCain-Feingold federal campaign finance law. In Davis v. FEC, a 5-4 majority found the "Millionaire's Amendment" to be unconstitutional, holding that it imposed an unprecedented penalty on any candidate who robustly exercises his First Amendment rights by requiring him to choose between the right to engage in unfettered political speech or to be subject to discriminatory fundraising limitations....
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Democrat Representative Louise Slaughter is actively trying to revive the Fairness Doctrine. She is not alone, she has the support of House Speaker Nancy Pelosi, along with Senators Dick Durbin, Barbara Boxer, John Kerry, and Dianne Feinstein. What is the Fairness Doctrine? It is archaic rule that forces television and radio stations to air both sides of controversial issues. If this is reenacted, conservative and Christian talk radio programs are unlikely to be aired due to the demand for equal time, which the station is forced to provide - free of charge. Proponents in the past have admitted that the...
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So what’s the problem? Why all the anxiety? Why don’t Republicans in the House of Representatives accept the quiet assurances of the FCC and settle down? The answer, of course, is talk radio. It is the only form of communication that conservatives have through which they can certainly and consistently connect with the general public. Most major television and print media are dominated by liberals, but conservatives are successful on talk radio.
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A lawmaker in Colorado who challenged the authors of SB200, a new law that bans discrimination based on the "perception" of gender, during House debate says it was written to give a wide open door to anyone who wants to banish Christian beliefs or the Bible. "This is so loaded. It's written in an open-ended fashion that anybody can take just about any part of it and grow it into a huge monstrosity," state Rep. Kevin Lundberg told WND today. "It was written with intentional [vagueness]." He spoke with WND after a news conference at which a number of groups...
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For the second consecutive year, a gay pride parade and festival was marked by the arrest of a Wichita pastor. But for the vast majority of those who gathered Sunday afternoon at Naftzger Park for the event, the day was one of celebration. "It means a lot to me," said Ken Gehmlich, president of Wichita Pride, which sponsors the annual event. "I think it's great that we can come together as family." Organizers estimated that about 100 people walked in the parade and that more than 1,000 attended the festival, which featured live music and vendors. After the parade traversed...
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ALA to Libraries: Keep Alms for Jihad, Pulped in the UK Andrew Albanese & Jennifer Pinkowski -- Library Journal At the urging of the American Library Association’s Office for Intellectual Freedom (OIF), a scholarly book pulped by its British publisher is maintaining a safe haven in U.S. libraries. Alms for Jihad was the target of a potential libel suit in England by Sheikh Khalid bin Mahfouz, whose charitable activities have reportedly been linked to terrorist activities, as conveyed in the book. In response, publisher Cambridge University Press (CUP) pulped its unsold copies of the book, put it out of...
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A sign in front of Mauro Morales' Rio Grande City home announces his business for everyone to see. "Peyote Dealer," it proclaims in large block letters. Each day, drivers passing by slow down for double takes and some even pull over, get out and snap photos. Who can blame them?, Morales asks with a mischievous grin. He is, after all, part of a dwindling fraternity. The slight, 65-year-old Rio Grande City man is one of only three people in the United States - all in Starr and Webb counties -authorized to harvest and sell the psychedelic cactus. But as overharvesting...
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Last week, rare cheers were heard for a Supreme Court ruling. The High Court, in D.C. v. Heller, overturned the District of Columbia’s gun ban, upholding the Second Amendment. But don’t miss another decision, handed down the very same day, dealing with the First Amendment. In Davis v. Federal Election Commission, the Court struck down the so-called “Millionaire’s Amendment” contained in the McCain-Feingold campaign finance law, thus upholding at least part of the First Amendment. The 5-4 Court majority answered the question correctly: Yes, it is unconstitutional to jigger the system so that two candidates running for the same office...
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A little more than four years ago, Brandi Swindell, Bryan Fischer and a group called Generation Life hoped to stop the city council of Boise, Idaho, from removing a Ten Commandments monument that had stood in a city park since 1965. The city council accepted no public input into its decision, so Generation Life was compelled to file a lawsuit seeking a temporary restraining order on the city's action. Generation Life lost that case, and even though they later took another suit to the Idaho Supreme Court, winning the right to have the citizens of Boise vote on the monument's...
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It has been a splendid week for the Bill of Rights at the Supreme Court. In addition to their landmark gun rights ruling, the same five Justices took another whack at Congress's attempts to limit political speech via campaign-finance limits. John McCain, call your office. In Davis v. FEC, a 5-4 majority overturned a portion of the 2002 McCain-Feingold law that exempted the political opponents of rich candidates from the usual fund-raising limits in order to "level the playing field." Known as the Millionaire's Amendment, the law saddled wealthy, self-financing candidates with burdens designed to help their opponents. Millionaires had...
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The future of public financing for American political campaigns is in grave doubt after the Supreme Court declared unconstitutional a legal provision that raises contribution limits for congressional candidates who face wealthy, self-funded opponents. While yesterday's 5-4 ruling against the so-called Decision Likely To Undermine Political Viability of Public Financing Millionaire's Amendment did not directly affect the legality of public financing, the decision is likely to undermine the political viability of such efforts by leaving them largely unable to adjust to free-spending candidates. In addition, one leading expert on election law said the justices' rationale could jeopardize all campaign finance...
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The Texas Supreme Court, showing continued deference to religious practice, on Friday tossed out a $188,000 judgment against members of a Pentecostal church who restrained a teenager they feared had come under demonic influence. Laura Schubert claimed that rough handling during the hours-long 1996 incident — involving the "laying on of hands" and intensive prayer — left her disabled by post-traumatic stress disorder. Jurors agreed, finding that Schubert, then 17, was falsely imprisoned and assaulted by a pastor, youth minister and members of Pleasant Glade Assembly of God church in suburban Fort Worth. However, the state Supreme Court dismissed Schubert's...
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A brief has been filed in a federal appeals court asking the justices to overturn a judge who ordered a school district specifically to ban the Bible in its policy regarding the distribution of literature to students. WND reported just a week ago when a federal judge declared unconstitutional a Florida law that was used to prevent Gideons from handing out Bibles to students on public property near schools.Now comes another dispute, this one in Missouri and pursued by Liberty Counsel in its request to the 8th U.S. Circuit Court of Appeals in St. Louis. It wants the court to...
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The Washington Post has published an unintentionally amusing article this morning about one Danielle Allen, a "razor-sharp, 36-year-old political theorist" at Princeton's Institute for Advanced Studies. Allen, with doctorates from Cambridge and Harvard, won a $500,000 MacArthur Foundation genius grant a few years ago and now conducts studies at the Institute, where, according to the Post, "she works alongside groundbreaking physicists, mathematicians and social scientists. They don't have to teach, and they face no quotas on what they publish. Their only mandate is to work in the tradition of Einstein, wrestling with the most vexing problems in the universe." And...
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ACLU tries to halt mealtime prayer at Naval Academy By Josh Mitchell | Sun reporter 8:09 PM EDT, June 25, 2008 A national civil liberties group is renewing a push to end mealtime prayer at the U.S. Naval Academy, where a group of midshipmen recently complained to officials that they felt pressured to participate in the longtime practice. The tradition, believed to date back to the college's founding in 1845, now involves a chaplain's leading grace before a noon meal that all 4,200 midshipmen must attend at King Hall. Midshipmen are not required to pray, though they must stand during...
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Pelosi: I Want to Bring Back 'Fairness Doctrine' Photo of Ken Shepherd. By Ken Shepherd | June 25, 2008 - 10:38 ET Over at HumanEvents.com, John Gizzi has House Speaker Nancy Pelosi (D-Calif.) on the record saying that the Democratic caucus, far from being agnostic on the so-called Fairness Doctrine, is actually interested in resurrecting it. What's more, Pelosi herself wants to bring back the policy that could literally silence conservative talk radio. From his June 25 article: At a breakfast hosted by the Christian Science Monitor yesterday, I asked Pelosi if Pence failed to get the required signatures on...
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Few Americans would invite an investigation by the Internal Revenue Service, but that's exactly what Minnesota pastor Gus Booth wanted when he stood behind his pulpit and told his congregation God wanted them to vote Republican. In an election where candidates openly discuss their faith and are regularly seen in churches, and a time when pastors' sermons lead the politics sections of newspapers, one might be excused for not knowing that it is illegal for a church to endorse or oppose a candidate for president. But when Booth addressed the members of his Warroad Community Church one Sunday in May...
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Coming to a radio or TV network near you - the sounds of silence, at least from conservatives like Rush Limbaugh and Sean Hannity. Same goes for Glenn Beck, Hugh Hewitt, Dennis Prager and Laura Ingraham and the rest of talk radio and TV. Whispers are growing louder that certain Democrats, a growing number of them, want to impose "balance" in broadcasting, otherwise known as the Fairness Doctrine, which was legislated into FCC law back in 1949 but dismissed in 1985 because, as Justice William J. Brennan, Jr. pointed out, it "chilled speech." It also ran counter to our First...
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Justice Scalia, speaking at a time when gay marriage, public education, and the war on terror are creating cases that test the Establishment Clause of the First Amendment, chose the banquet of a large group of Orthodox Jews here to declare that the Constitution should not be read to "banish the Almighty from the public forum." In a speech delivered last night from a dais on which he was surrounded by venerable, bearded rabbis dressed in black and wearing elegant hats, Justice Scalia drew a sharp distinction between America and Europe. But he decried what he saw as the Supreme...
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In the name of "defin[ing] clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt" the Associated Press is now selling "quotation licenses" that allow bloggers, journallers, and people who forward quotations from articles to co-workers to quote their articles. The licenses start at $12.50 for quotations of 5-25 words. The licensing system exhorts you to snitch on people who publish without paying the blood-money, offering up to $1 million in reward money (they also think that "fair use" -- the right to copy without permission -- means "Contact the owner of...
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Christian Photographer Hauled before Commission for Refusing Same-Sex Job By John Jalsevac New Mexico, January 30, 2008 (LifeSiteNews.com) - The case of a Christian photographer who refused to photograph a same-sex "commitment ceremony", was heard before the New Mexico Human Rights Division on Monday. A same-sex couple asked Elaine Huguenin, co-owner with her husband of Elane Photography, to photograph a "commitment ceremony" that the two women wanted to hold. Huguenin declined because her Christian beliefs are in conflict with the message communicated by the ceremony. The same-sex couple filed a complaint with the New Mexico Human Rights Division, which is...
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Barack Obama has long said that his campaign will not accept contributions from lobbyists, and now that he is the presumptive nominee, the Democratic National Committee won't accept them, either. John McCain says that his campaign won't employ lobbyists, and volunteers are now queried about possible lobbying activity in the past. It's only a matter of time until someone calls for a law requiring every lobbyist to paint a big, red "L" on his forehead. Behind this stigmatization of lobbyists is the notion that the failure to produce legislation in the public interest stems from the existence of lobbyists. Which...
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A federal appeals court on Friday invalidated campaign finance rules that give wealthy donors broad latitude in underwriting expensive political ads. Limits on coordinated campaign spending apply too narrowly to time frames just before elections and should be expanded, the U.S. Court of Appeals for the District of Columbia Circuit said in the decision. Judge David Tatel said in the ruling that interest groups often engage in early advertising, in some cases more than a year before an election. The restrictions the Federal Election Commission imposed apply only to spending within 90 days of a congressional election and 120 days...
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VANCOUVER, British Columbia — A couple of years ago, a Canadian magazine published an article arguing that the rise of Islam threatened Western values. The article’s tone was mocking and biting, but it said nothing that conservative magazines and blogs in the United States do not say every day without fear of legal reprisal. The British Columbia Human Rights Tribunal will soon rule on whether the cover story of the October 23, 2006, issue of Maclean’s magazine violated a provincial hate speech law. "The First Amendment is a gift, like the article says, that nobody else has. Once you start...
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VANCOUVER, British Columbia — A couple of years ago, a Canadian magazine published an article arguing that the rise of Islam threatened Western values. The article’s tone was mocking and biting, but it said nothing that conservative magazines and blogs in the United States do not say every day without fear of legal reprisal. Things are different here. The magazine is on trial. Two members of the Canadian Islamic Congress say the magazine, Maclean’s, Canada’s leading newsweekly, violated a provincial hate speech law by stirring up hatred against Muslims. They say the magazine should be forbidden from saying similar things,...
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RUPERT, Idaho — An alleged racial slur against Democratic presidential hopeful Barack Obama has sparked criticism against a southern Idaho radio station, with some in the community calling for the show to be canceled. Obama supporters allege a conservative talk show host on Rupert, Idaho-based KBAR AM this week referred to the Illinois senator as the "black Negroid Barack Hussein Obama."
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Thursday, June 12, 2008 YOUR GOVERNMENT AT WORK WorldNetDaily Exclusive Biblical message now criminalized Penalties created for those criticizing homosexuality outside church walls Posted: June 12, 2008 12:45 am Eastern By Bob Unruh WorldNetDaily A new Colorado law is helping homosexual activists achieve their goal of forcing Christians to teach biblical condemnation of homosexuality only behind the closed doors of their sanctuaries. The as-yet untested state law promotes sexual identity "perception" to the level of skin color under state discrimination laws. Some opponents are calling it a "bona fide censorship law," and top analysts for Focus on the Family, the...
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Thanks to a little-noticed item in the Federal Register, the Federal Communications Commission may soon be handed the power to drive Rush Limbaugh off the air. There are liberals obsessed with “balancing” Limbaugh, Sean Hannity, Hugh Hewitt, Mark Levin, and the rest of conservative talk radio, even though plenty of other outlets — the Washington Post, the New York Times, USA Today, ABC, CBS, NBC, CNN, MSNBC, PBS, and National Public Radio — constantly flog the liberal agenda. The “Hush Rush” crowd’s dream has been to revive the so-called “Fairness Doctrine,” which once required any radio station airing a conservative...
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Denver's secularists wanting freedom from religion have taken over one corner in the public square to make the point. They've emblazoned a billboard six blocks from the state Capitol with the message, inscribed over faux stained glass, "Imagine No Religion." More than 2,000 religions have fueled division and rancor among peoples and hindered scientific and social progress, said Michael Lee Smith, local spokesman for the Freedom From Religion Foundation. The world would be better off without organized religion, he said. The billboard, part of a national ad campaign, is scheduled to stand above West 14th Avenue and Fox Street through...
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The Canadian government has ordered a Christian pastor to renounce his faith and never again express moral opposition to homosexuality, according to a new report. In a decision handed down just days ago in the penalty phase of the quasi-judicial proceedings run by the Alberta Human Rights Tribunal, evangelical pastor Stephen Boisson was banned from expressing his biblical perspective of homosexuality and ordered to pay $5,000 for "damages for pain and suffering" as well as apologize to the activist who complained of being hurt. According to a report from Pete Vere at the Catholic Exchange, the penalty could foreshadow the...
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Two controversies involving schools, kids and flags have made recent news in Minnesota. But the cases had radically different outcomes. The first occurred in May at Dilworth-Glyndon-Felton Junior High. Four eighth-graders refused to stand while the rest of their class recited the Pledge of Allegiance to the American flag. The kids got one-day, in-school suspensions. But school officials lifted the suspensions immediately after the American Civil Liberties Union of Minnesota fired off a letter pronouncing that the First Amendment protected the students' conduct. The ACLU's letter warned of dark consequences for school officials who had violated the eighth-graders' free-expression rights....
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Gov. Rick Perry hinted Thursday that members of a polygamist sect whose children were recently returned amid a botched sex-abuse investigation should pack their bags, a newspaper reported. Perry, who was in La Baule, France, for a European business conference, said that the state of Texas has an obligation to protect young women from being forced into marriage and underage sex, The Dallas Morning News reported in its online edition. He also warned members of the Fundamentalist Church of Jesus Christ of Latter Day Saints that child sex abuse won't be tolerated and even suggested that followers of the renegade...
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Presidential candidates Barack Obama and John McCain have declared Washington lobbyists persona non grata as far as participation in the forthcoming campaigns. The leadership of the American League of Lobbyists (ALL) vehemently objects to this treatment. ALL reminds the candidates that all U.S. citizens are guaranteed the right to petition the government under the First Amendment to the Constitution. "As a profession, lobbying is an easy target and a candidate automatically garners public support with each declaration," said Brian Pallasch, League President. "What I have trouble with is the hypocritical nature of these comments. Both candidates have worked with lobbyists,...
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The Friendswood Junior High principal who outraged some parents by allowing an Islamic group to make a 40-minute presentation to students last month is now off the job. In a two-sentence statement sent late Wednesday, the school district said Robin Lowe "has accepted another administrative position effective immediately."
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It is inherently dangerous to confer the coercive powers of government upon a guild. Exhibit A: the Arizona State Bar, which is on a rampage to suppress free-speech rights. The Bar has initiated several complaints against Maricopa County Attorney Andrew Thomas in regard to his critical comments about Superior Court judges and his office’s efforts to recuse a judge for allegedly failing to enforce a voter initiative. Wise and temperate or not, such criticisms are at the core of constitutionally protected speech, and the Bar’s campaign against Thomas is sure to chill the exercise of those rights. Thomas enlisted several...
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State officials, fearing a violent reaction from members of a West Texas polygamist sect, considered a secret plan to haul hundreds of children and their mothers to Midlothian to be separated, internal e-mails show. But a judge vetoed the plan. They also worried that mothers would try to make a "run" from the shelter with their children, feared a rampage of infections among the families and fretted about the fear of violence and state resources being overwhelmed by events. More than 1,500 pages of e-mails between the governor's office and Child Protective Services, obtained by The Dallas Morning News under...
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This morning, a Boston-born performance artist, Yazmany Arboleda, tried to set up a provocative art exhibition in a vacant storefront on West 40th Street in Midtown Manhattan with the title, “The Assassination of Hillary Clinton/The Assassination of Barack Obama,” in neatly stenciled letters on the plate glass windows at street level. By 9:30 a.m., New York City police detectives and Secret Service agents had shut down the exhibition, and building workers quickly covered over the inflammatory title with large sheets of brown paper and blue masking tape. The gallery is across the street from the southern entrance to The New...
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Where Is the Dignity of the United States? Events in Flushing show Uncle Sam in a compromising position By Stephen Gregory Epoch Times Staff Jun 03, 2008 For over two weeks now, organized mobs have harassed Falun Gong practitioners in Flushing, New York. For over one week, we have known that those mobs have been incited by the Chinese Consul General for New York, Mr. Peng Keyu, yet Peng has not been expelled. The World Organization to Investigate the Persecution of Falun Gong (WOIPFG) released a tape on May 23 of Peng talking with one of its investigators. In...
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SANTA ANA – A Washington Times reporter has been subpoenaed by a federal judge who wants him to reveal the sources for a story he wrote about an engineer convicted of conspiracy to export U.S. defense technology to China. National security reporter Bill Gertz was ordered to appear before U.S. District Judge Cormac Carney in June, the newspaper reported Saturday. The judge has also requested e-mail messages, files and correspondences. Gertz cited U.S. government sources in a 2006 story saying that Justice Department officials approved an indictment against Tai Mak and that four of Mak's relatives would also be charged....
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A Milwaukee County judge's desire to run as a Democrat threatens to end Wisconsin's 100-year tradition of non-partisan judicial elections and erode public confidence in the judiciary's impartiality, a federal judge was told this morning. In defending the Wisconsin Judicial Code's prohibitions against a judge declaring membership in a political party, soliciting endorsements and contributions, Assistant Attorney General Jennifer Lattis told District Judge Barbara Crabb, those restrictions are narrowly tailored to balance a judicial candidate's First Amendment rights and the public's right to an unbiased justice. "Political parties are so pervasive and people are so identified with them that if...
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It is time to stop the bashing of "lobbyists" as evil incarnate. The First Amendment to the Constitution states unequivocally: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This is about as clear a statement of first principles as has ever been made. Interesting, isn't it, that the Founding Fathers in that very First Amendment – and in the same print size and...
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Public school students at Friendswood Junior High in the Houston area have been roped into Islamic training by representatives from the Council on American-Islamic Relations during class time, prompting religious leaders to protest over Principal Robin Lowe's actions. Pastor Dave Welch, spokesman for the Houston Area Pastor Council, confirmed the indoctrination had taken place and called it "unacceptable." "The failure of the principal of Friendswood Junior High to respect simple procedures requiring parental notification for such a potentially controversial subject, to not only approve but participate personally in a religious indoctrination session led by representatives of a group with well-known...
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CHICAGO (AP) - A federal judge on Thursday barred school districts statewide from holding the daily moment of silence suitable for prayer that is required under state law. U.S. District Judge Robert W. Gettleman said he had given school districts time to object to his March 28 preliminary injunction on enforcement of the moment of silence law but received no objections. He therefore extended to the entire state the preliminary injunction originally designed to apply only to suburban Buffalo Grove District 214. The law passed by the Illinois General Assembly says every school district in the state must hold a...
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