Re: Pro-lifer "guilty" in free speech, free press case

2010-11-09 Thread aasch
The wanted posters in this case, because they do not advocate violence explicitly, sound somewhat like the ones that an en banc panel of the 9th Circuit found to be unprotected "threats of force" under the First Amendment for purposes of the Freedom of Access to Clinics Entrances Act (FACE) in

ACLJ's Jay Sekulow Slams Judge Sonia Sotomayor on church state separation

2009-05-07 Thread AAsch
I thought members of this list might be interested in an interview of the ACLJ's Jay Sekulow that ran on Fox News last Friday discussing possible replacements for Justice Souter with much of the time spent discussing Judge Sonia Sotomayor. Although Sekulow never mentioned any specific opinion or s

Re: An Interesting Govt School Censorship Case

2009-03-04 Thread AAsch
Although I'm not claiming the school was correct in this instance, there is a context to the case that the ADF press release completely leaves out. I used to be surprised at the dishonesty of these ADF press releases, but now I see them as puzzles where the challenge is to find the actual fac

ACLU of NJ Fights For Christian Inmate's Right to Preach

2008-12-12 Thread AAsch
FYI, the latest addition to my website: _ACLU Fights for Christians_ (http://aclufightsforchristians.com) Allen Asch Release taken from _http://www.aclu-nj.org/news/acluprotectsprisonersrelig.htm_ (http://www.aclu-nj.org/news/acluprotectsprisonersrelig.htm) ACLU Protects Prisoner's Relig

Re: Subway incident

2007-12-16 Thread AAsch
In a message dated 12/16/2007 8:14:57 AM Pacific Standard Time, [EMAIL PROTECTED] writes: news gets slow to michigan? :) _http://www.cbsnews.com/stories/2007/12/12/national/main3609322.shtml_ (http://www.cbsnews.com/stories/2007/12/12/national/main3609322.shtml) Thanks for the link! I h

Re: High School Graduation Held in Church

2007-03-12 Thread AAsch
See also the ACLU Press release at: _http://www.aclu-nj.org/pressroom/schoolviolatesreligiousfre.htm_ (http://www.aclu-nj.org/pressroom/schoolviolatesreligiousfre.htm) And the ACLU complaint at: _http://www.aclu-nj.org/legal/legaldocket/shareefvnewarkpublicschool.htm_ (http://www.aclu-nj

ACLU Fights for Christian Church's Mission to Feed the Poor

2007-01-11 Thread AAsch
I thought list members might be interested in the ACLU's latest fight for Christian free exercise rights The full January 11 article from the Pittsburgh Post Gazette is at: _http://www.post-gazette.com/pg/07011/752795-152.stm_ (http://www.post-gazette.com/pg/07011/752795-152.stm) Here is

What War on Christmas? ACLU Fights for Christmas Tree!

2006-12-22 Thread AAsch
Dear ReligionLaw readers, In the last few months, I've made a few submissions to this list about new cases I've added to my webpage at _http://www.ACLUFightsForChristians.com_ (http://www.ACLUFightsForChristians.com) . As I explain on that page, the reason I created that list of cases was t

ACLU Fights for Christian Protesting Wal-Mart's Alleged Support of Gay Rights

2006-11-14 Thread AAsch
On November 13, 2006, the ACLU of Louisiana won a court order allowing a man to stand in front of Wal-Mart holding a sign reading, "Christians: Wal-Mart Supports Gay Lifestyles And Marriage. Don't Shop There."   You can see AP coverage here:   http://tinyurl.com/yekh3h   You can see an ACLU pr

ACLU Fights for Christians -CORRECTED LINK

2006-10-23 Thread AAsch
It turns out MY email system didn't read the link, so, for ease of access for those who prefer it, here's the link to my website:   ACLU Fights For Christians --- Begin Message --- At the request of some people at an ACLU affiliate for which I do some work, I've moved some information I've be

ACLU Fights for Christians

2006-10-23 Thread aasch
At the request of some people at an ACLU affiliate for which I do some work, I've moved some information I've been compiling on my Comcast homepage to its own website at: ACLU Fights for Christians If your email system does not read links, the web address is: http://www.aclufightsforchristian

Podcasts from ACLU Membership Conference in Wash DC this week

2006-10-17 Thread aasch
I thought many of the topics discussed at this week's ACLU Membership Conference might be of interest to list members. I caught some of the ACLU Membership Conference on C-SPAN (still rerunning one program on C-SPAN2 tonight) and I also found a lot of content available as streaming video or dow

Re: Lawsuits against SYATP.

2006-09-25 Thread AAsch
In a message dated 9/25/2006 7:33:22 PM Pacific Standard Time, [EMAIL PROTECTED] writes: has there been any case where anyone has filed suit to stop the actual event? Or even a statement from groups like the ACLU or Americans United that the event itself was unconstitutional? To the

Re: Cemetery Speech & Free Exercise

2006-09-11 Thread AAsch
The case I remember is Warner v. City of Boca Raton, 267 F.3d 1223 (11th Cir. 2001)   It's at: http://www.ca11.uscourts.gov/opinions/ops/199913730.OPN.pdf   Then it went through the Florida Supreme Court and ended up at: http://www.ca11.uscourts.gov/opinions/ops/199913730.pdf   Hope that helps

Re: Fox News Forgets Fact in Christian Graduation Speech Story

2006-08-06 Thread AAsch
In a message dated 8/6/2006 9:48:12 AM Pacific Daylight Time, [EMAIL PROTECTED] writes: I would argue that if the graduation speaker is chosen according to some objective criteria, as when the valedictorian automatically is invited to speak, then the school should not exercise any con

Re: Fox News Forgets Fact in Christian Graduation Speech Story

2006-08-06 Thread AAsch
they were a bit ham-handed inrefusing to give her the diploma.  sandyFrom: religionlaw-bounces at lists.ucla.edu[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of AAsch at aol.comSent: Tuesday, August 01, 2006 4:00 PMTo: religionlaw at lists.ucla.eduSubject: Fox News Forg

Fox News Forgets Fact in Christian Graduation Speech Story

2006-08-01 Thread AAsch
I've just released another video at: Fox News Forgets Fact in Christian Graduation Speech Story   (if the link doesn't work, the URL is http://www.youtube.com/watch?v=zafkek_--ug)   It's 3 minutes 17 seconds long, but 2+ minutes is the actual Fox News story. It involves the case of Erica Cord

Video of Fox News coverage of funeral picketing, ACLU

2006-07-28 Thread AAsch
I've uploaded a video to YouTube that uses recent funeral picketing coverage to document misinformation about ACLU religion cases from Bill O'Reilly and Fox News. The video is at this link/address:    http://www.youtube.com/watch?v=UfTnghfe0nI   Thanks for indulging my (hopefully on-topic) se

Re: Religious objections to treating lesbians for infertility - CORRECTION

2006-06-15 Thread AAsch
I got the posture of the case wrong in my previous one sentence description. Here is a more accurate description of the case history:   "In 2001, a Superior Court judge threw out the lawsuit on the grounds that federal rules covering employer health plans bar state civil rights actions. The

Religious objections to treating lesbians for infertility

2006-06-15 Thread AAsch
The California Supreme Court this week agreed to hear the case of North Coast Women's Care Medical Group vs. Superior Court in which a lesbian appeals the dismissal of her case against doctors who asserted their religious beliefs as a reason to deny her infertility treatments.   For several n

Re: Teenagers &The Spirit of Liberty

2006-05-23 Thread AAsch
Some info from the involved ACLU affiliate is at this link:   http://www.aclu-ky.org/news.html#Grad%20Prayer   That info includes the following paragraph:   "School-sponsored prayer constitutes a symbolic and tangible ‘preference… given by law’ to a religious sect by exalting it over contrary

Hindu groups sue state panel over textbooks

2006-03-23 Thread AAsch
Interesting lawsuit developing in California. Full story at:   http://www.sacbee.com/content/politics/story/14233850p-15055603c.html   Here are the four most relevant paragraphs:   "The Hindu American Foundation's complaint, filed in Sacramento Superior Court last week, claims the textbooks, as

ACLU of Ohio Demands Schools Stop Teaching Intelligent Design as Science

2006-02-14 Thread AAsch
Excerpt of 2/14/2006 press release:   TOLEDO, OH -- The American Civil Liberties Union of Ohio today sent a letter to the Toledo Public Schools demanding that they cease allowing staff to teach intelligent design in science classrooms throughout the district.   "Intelligent design has been pr

Re: Pilgrim Baptist Church

2006-01-15 Thread AAsch
The case I've seen cited on this issue is Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U.S. 756, 777 (1973) which says:   "If the State may not erect buildings in which religious activities are to take place, it may not maintain such buildings or renovate them when they fall

Re: N.Y. Court Rejects Employers' Challenge to ContraceptionLaw

2006-01-13 Thread AAsch
The quoted language exactly duplicates the language of California Health and Safety Code § 1367.25(b)(1) which is available at:   http://caselaw.lp.findlaw.com/cacodes/hsc/1367-1374.16.html   And, that exemption was written by the ACLU, according to the ACLU press release at:   http://www.acl

Re: Unconstitutional statutory religion-based exemptions

2006-01-10 Thread AAsch
I have a couple cites to cases where state laws granting exemptions to vaccination requirements were struck down as violating the Establishment Clause because they only applied to "recognized religions." See Dalli v. Board of Educ., 267 N.E. 2d 219 (Mass. 1971) and Sherr v. Northport-East N

Re: Bible Curriculum in Alabama - Forward Article

2005-12-29 Thread AAsch
In a message dated 12/29/2005 9:24:28 AM Pacific Standard Time, [EMAIL PROTECTED] writes: The other textbook, "The Bible in History and Literature," is published by the North Carolina-based National Council on Bible Curriculum in Public Schools, a group supported by a number of religi

Re: Can a murderer ever be redeemed?

2005-12-13 Thread AAsch
In a message dated 12/12/2005 8:40:08 PM Pacific Standard Time, [EMAIL PROTECTED] writes: Does that mean that it is illegitimate to base one's opposition tocapital punishment on it (or, for that matter, a literal, albeitdebatable, reading of "Thou Shalt Not Kill"), or, conversely, tha

Re: Public schools and parents

2005-11-28 Thread AAsch
One interesting side note to this argument I saw reported on Friday was the way Establishment Clause caselaw helped erode political support for the ousted school board members in Dover, Pennsylvania. As reported on PBS's NewsHour, many Intelligent Design advocates there were actually motivat

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread AAsch
But, conversely, are all those course at public universities titled "Greek Mythology" (e.g., this link) constitutionally impermissible?   Allen   In a message dated 11/22/2005 1:26:17 PM Pacific Standard Time, [EMAIL PROTECTED] writes: Hmm -- would a course at a public university called "

Re: Floodwaters and Undermined Walls

2005-09-01 Thread AAsch
In a message dated 9/1/2005 9:58:58 AM Pacific Standard Time, [EMAIL PROTECTED] writes: This week, as Katrina has worn away at the levee walls in New Orleans, we have the news that another assault on the wall of separation took place yesterday, when Louisiana's Governor declared a Day

Re: UC system sued

2005-08-28 Thread AAsch
In a message dated 8/27/2005 10:11:26 PM Pacific Standard Time, [EMAIL PROTECTED] writes: As to "inventing irrelevant hypotheticals," you are simply being bombastic in the hopes, I suppose, of dodging the very real and very obvious other sorts of judgments that can be justified just a

Re: Feature films on church and state

2005-08-12 Thread AAsch
Understanding why the outcome of this Babylon 5 episode was a "disaster" actually teaches an important point about the free exercise clause, I think. Prof. Tushnet's analysis is almost purely utilitarian, noting that the outcome was death either way. But, making the outcome the same either w

Re: FW: Feature films on church and state

2005-08-11 Thread AAsch
In a message dated 8/11/2005 8:49:55 AM Pacific Standard Time, [EMAIL PROTECTED] writes: Anyone have a good idea on this query from my librarian:    Doug, are you aware of any movies dealing with separation of church and state?    I can't think of anything but Inherit the W

Re: Locke v. Davey follow-up

2005-05-03 Thread AAsch
In a message dated 5/3/2005 11:05:27 AM Pacific Daylight Time, [EMAIL PROTECTED] writes: The reason I find Eugene's hypo uninteresting is the unreality of it.  Of course, I say this despite having seen  many things I once thought from the realm of fantasy come to pass. I wouldn't be so sure. Bec

Re: Religion-only accommodation question

2005-04-08 Thread AAsch
I think the more interesting cases are not the ones involving physical and sexual abuse about which I would hope there's some reasonable consensus against religious exemption. The more interesting cases are the ones where the rights are more evenly matched because they ask harder questions about wh

Re: God in the Constitution

2005-01-30 Thread AAsch
In a message dated 1/30/2005 12:45:04 PM Pacific Standard Time, [EMAIL PROTECTED] writes: States have powers not rights. In response, I'll quote a paragraph written by our list custodian, Eugene Volokh, on the subject of states' rights in an email from November 20, 2002, I saved from the FIREAR

Re: Supposedly Deistic nature of the Declaration of Independence

2004-12-18 Thread AAsch
Sorry for butting in, but I think the conflicting language in the Declaration of Independence may come from conflicts among its writers/editors. I recall seeing Walter Isaacson on TV several times during his book tour for "Benjamin Franklin: An American Life" telling a story about it. Here's one ve

Re: Steven Williams Case - more factual information

2004-12-11 Thread AAsch
In a message dated 12/11/2004 2:44:20 PM Pacific Standard Time, [EMAIL PROTECTED] writes: Wouldn't all of this "balancing" have to be prediated on showing that Jefferson and (sometimes) Madison are representative of the founders' views?  This is not at all obvious, especially on the question of r

Re: Steven Williams Case - more factual information

2004-12-11 Thread AAsch
In a message dated 12/10/2004 1:16:46 PM Pacific Standard Time, [EMAIL PROTECTED] writes: I looked over each of these assignments and I am dumbfounded by the assertion that these assignments inculcate belief.  They seem well crafted to guide a student into studying the tenets of, and learning abo

Re: Steven Williams Case

2004-12-06 Thread AAsch
In a message dated 12/6/2004 12:21:11 PM Pacific Standard Time, [EMAIL PROTECTED] writes: In very brief:  Under the "government speech" doctrine, a state may require its teachers, in their official capacities (i.e., while teaching), to hue to the state's prescribed curriculum.  This is the majori

RE: Pamphlets at School

2004-11-05 Thread AAsch
In a message dated 11/5/2004 7:58:41 AM Pacific Standard Time, [EMAIL PROTECTED] writes: Anonymous students left pamphlets calling on students to accept Jesus on the desks of Jewish public high school students and no other students. I have been asked whether a school could ban religiously targete