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ACLU fights to keep man's name secret in Ten Commandments case in Nebraska
Associated Press ^ | Tuesday September 21, 2004 | SCOTT BAUER

Posted on 09/22/2004 4:42:59 AM PDT by Allosaurs_r_us

LINCOLN, Neb. (AP) A federal judge Tuesday declined a request from the ACLU to stop the Omaha World-Herald from naming an atheist who sued over a Ten Commandments monument displayed in a public park.

U.S. District Judge Richard Kopf said there was no proof the restraint was appropriate.

In a statement, the man said if his name is revealed, he would consider moving his family from Plattsmouth because his life has been threatened. The city is south of Omaha. The ACLU said it would have to speak to the man before deciding the next move.

The ACLU filed suit in 2001 on behalf of the man, alleging the monument violates the First Amendment and Supreme Court rulings on the separation of church and state.

At trial, the judge agreed with the ACLU, saying the monument ``conveys a message that Christianity and Judaism are favored religions.'' The ruling was appealed, and was argued last week before the 8th U.S. Circuit Court of Appeals.

Tim Butz, director of the Nebraska ACLU, acknowledged the curious position in which its request for a restraining order placed the group on the other side of a free-speech argument.

``For the ACLU to be in court on something like this, at first blush, seems to be ironic or hypocritical,'' Butz said. ``If we had won, it would have been bittersweet, at best.''

Butz said the ACLU sought the order only because that's what the client wanted.

Before trial, a federal magistrate granted the ACLU's request to let the case proceed without naming the man because of the threats against him. The order applied only to the lawyers and those involved in the case.

The ACLU asked Kopf to extend the order beyond the courtroom.

``Lives are at stake,'' ACLU attorney Amy Miller told Kopf.

World-Herald attorney Michael Cox said, however, that sealed evidence presented to the court shows ``the cat is out of the bag. Everybody knows who it is.'' He said he doesn't know if the newspaper would reveal the man's name.

Larry King, executive editor of the World-Herald, said the man thrust himself into the public eye by bringing the lawsuit. ``If you want to change public policy, it should not be a surprise that you could be publicly identified,'' he said.


TOPICS: Constitution/Conservatism
KEYWORDS:
Looks like they want it both ways!
1 posted on 09/22/2004 4:42:59 AM PDT by Allosaurs_r_us
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To: Allosaurs_r_us
In a statement, the man said if his name is revealed, he would consider moving his family from Plattsmouth because his life has been threatened.

Buh bye coward.

2 posted on 09/22/2004 4:47:45 AM PDT by borisbob69 (Old shade is better than new shade!)
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To: Allosaurs_r_us
Now the ACLU is advocating secret lawsuits! What'll they suport next, a liberal "Star Chamber" handing down secret convictions!

They're beginning to make their soulmates Mao, Lenin, and Stalin proud!
3 posted on 09/22/2004 4:47:52 AM PDT by The Great Yazoo (Hey! Hey! J-eFing-K! How many Vets did you Diss today?)
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To: The Great Yazoo
"Now the ACLU is advocating secret lawsuits! What'll they support next, a liberal "Star Chamber" handing down secret convictions!

They're beginning to make their soul mates Mao, Lenin, and Stalin proud!"

I agree
How can we find out who supports these anti American scum?
4 posted on 09/22/2004 4:53:57 AM PDT by HuntsvilleTxVeteran (Rather calls Saddam "Mister President" and calls President Bush "bush")
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To: Allosaurs_r_us
Thanks heavens for the ACLU! If some paper revealed this man's name, what on earth would be next? Before you knew it, some daily blurb would be publishing the names and addresses of people with CCW permits!

Oh, yeah... the ACLU was pretty outraged about that, weren't they?

5 posted on 09/22/2004 4:57:49 AM PDT by niteowl77 (Do you suppose that Iran's jihad museum will put a picture of John Kerry on their wall?)
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To: Allosaurs_r_us

No guts, no glory.

Moving out of town is a small price to pay for disrupting the community pattern of life.

Thet's why SanFrancisco is allowed to exist..... a haven for malcontents.


6 posted on 09/22/2004 5:01:32 AM PDT by bert (Peace is only halftime !)
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To: Allosaurs_r_us

According to the news this morning, the judge ruled against the ACLU. He said there was no compelling reason to keep the mans name secret. No word on whether the ACLU will appeal, but they probably will.


7 posted on 09/22/2004 5:02:04 AM PDT by jim_trent
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To: The Great Yazoo
"Now the ACLU is advocating secret lawsuits! What'll they suport next, a liberal "Star Chamber" handing down secret convictions!

They're beginning to make their soulmates Mao, Lenin, and Stalin proud!"

Explains why they hate the "Patriot Act" must be closing in on them and who they support.
8 posted on 09/22/2004 5:03:55 AM PDT by Just mythoughts
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To: Just mythoughts

I am so sick of the ACLU. Had this been the other side, they would have sued to get the name released citing Freedom of Information or the Right to know the accuser. And why does an atheist care about a plaque in city park. If you are going to make a stand, don't do it in private. Be a man.


9 posted on 09/22/2004 5:19:39 AM PDT by nckerr (Army)
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To: Allosaurs_r_us

It's time for the good Americans to start working to bring the ACLU down! In fact, it's long past time!!


10 posted on 09/22/2004 5:22:25 AM PDT by marvlus
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To: Allosaurs_r_us

This is abusurd. The man just wants to damage this country. In somewhat similar case in Virginia, a group of illegal aliens wanted to sue colleges to get favored treatment and at the same time wanted to remain anonymous. Their request was also denied.


11 posted on 09/22/2004 5:22:25 AM PDT by Dante3
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To: nckerr

"I am so sick of the ACLU. Had this been the other side, they would have sued to get the name released citing Freedom of Information or the Right to know the accuser. And why does an atheist care about a plaque in city park. If you are going to make a stand, don't do it in private. Be a man."

Truth is not their friend, interesting who it is who funds them, and they have an endless supply of money and endless line of workers.

Also consider who the attack is really against, "Ten Commandments monument", who authored those commandments? Man's response should not be their concern, but hey as it is written there isn't anything new under the sun.


12 posted on 09/22/2004 5:33:35 AM PDT by Just mythoughts
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To: Just mythoughts

Actually if you think about it the ten commandments are nothing more tha a moral guidline to follow. I don't think it really matters who wrote them they are just pretty much a good way to live. Anyone who thinks or tries to to make it a religious argument probably has the morals of a pedophile.


13 posted on 09/23/2004 1:49:03 PM PDT by Allosaurs_r_us (CBS is sending a trial balloon.)
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To: Allosaurs_r_us

"Actually if you think about it the ten commandments are nothing more tha a moral guidline to follow. I don't think it really matters who wrote them they are just pretty much a good way to live. Anyone who thinks or tries to to make it a religious argument probably has the morals of a pedophile."

Really now you know alot about pedhphiles?


14 posted on 09/23/2004 2:48:37 PM PDT by Just mythoughts
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To: Just mythoughts

obviously you don't since you can't spell it!

What the H is that supposed to mean anyway? That they have morals? Am I to take it you are defending them? Are you sure you are on the right web sight?


15 posted on 09/23/2004 3:16:26 PM PDT by Allosaurs_r_us (CBS is sending a trial balloon.)
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