At 6:53 PM -0400 7/17/00, Steven Furlong wrote:
> > In fact, I interpret the First to mean that government may _not_
>> decide who's a "legitimate reporter" and who's not, anymore than the
>> First would allow government to decide which religions are "valid"
>> and which are not. If Declan is covered by a shield law and cannot be
>> compelled to reveal his sources, then Tim May and Alfred E. Newman
>> are also reporters and are likewise protected.
>
>I agree, but it seems the courts do not. The IRS regularly decides
>who is a "real" pastor. The right to peaceably assemble is subject to
>permit fees which are at times set so high the organization can't pay
>them (see Rudy Guilliani's actions), or the only permitted location
>for a protest is so far from the action that it might as well not be
>held (an anti-internationalization protest, or something, in Albany NY
>a few months ago).
Good points, but we need to be careful to look at just what the IRS
is deciding in the case of the "pastor" (priest, witch doctor,
shaman, guru, whatever). And what the "parade permits" are about in
NYC and other cities.
The IRS makes decisions about who or what is a valid religious body
when _taxes_ are involved. Churches have various tax
exemptions...some church properties are wholly exempt from property
and use taxes, some donations are exempt from income taxes, and so
on. Certain priests and such can even take "vows of poverty" and
thereby be exempt from even filing income tax returns.
(A bunch of libertarians, including me, looked into this in the
1970s. There were lots of publications on how to form a church, how
to become an ordained minister, and so on. The Universal Life Church
was much in the news in those days. They, however, had not gotten
official IRS recognition that they were exempt from paying taxes and
that their ministers could escape taxes. Quite the contrary,
IIRC...there were some tax trials in thos years which resulted in
jail time, again, IIRC. My own "First Church of Odin" lasted for a
few months, with myself and my girlfriend as priest and priestess.
However, I wised up before filing my 1975 tax return and did not try
to push the issue. This is a large topic which I won't get into
further here.)
One can say that even the act of the IRS deciding that Rev. Jimmy
Swaggart is a "legitimate" religious leader but that High Priest
Anton LaVey is _not_ is an inappropriate function of government. I
would agree, but they can't just give religious exemptions to
everyone, can they? (From their point of view...)
And why should churches be exempted from taxes anyway? The First says
government can't persecute, attack, harass, or favor religions and
churches. Taxing all church properties would be consistent with the
First.
The parade permit situation is not about association qua association:
it arises when a group is large enough to disrupt public functions,
or when a group seeks to march or drive or whatever through public
streets.
There is no permit required for a bunch, even a large bunch, of folks
to get together for a Cypherpunks meeting, a 2600 meeting in a public
space, or countless other activities.
And of course said permits are not deniable on the basis of political
beliefs. (The Skokie Klan case comes to mind.)
There are generally no grounds for requiring any kind of permit for
even very large gatherings, whether they are stamp collectors or
anti-NWO activists. If they plan to march in streets, or picket an
enemy headquarters, or chant in front of a courthouse, then permits
may be required.
(Earth to Marcel and Choate: I'm not saying I support any permit
requirements, just noting that parade permits and the like are _not_
good examples of the USG restricting freedom of association.)
--Tim May
--
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May | Crypto Anarchy: encryption, digital money,
ComSec 3DES: 831-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets,
"Cyphernomicon" | black markets, collapse of governments.
