Free Speech

Bush Against the Constitution. Again.

When Bill Clinton left the White House, the right wing message machine started pushing they myth that his staff had trashed the place on the way out.

President Bush seems to be doing something similar, but instead of pulling the W’s (or O’s?) off the keyboards, he’s trashing the Constitution.

Among the many midnight regulations that Bush has put in place, is this one which denies thousands of federal employees collective bargaining rights.  These kinds of regulations are usually lumped in the anti-worker category, but the Supreme Court has made clear that the right to free association is implicit in the First Amendment.  And what's a union if not a peaceable assembly of workers exercising their right to free speech?  In the case of federal employees, they're even assembling to petition the government.  A triple whammy!

So, yes, you should be angry that Bush took a shot at the labor movement on the way out the door, but he also found one more opportunity to thumb his nose at the Bill of Rights.

PFAW

Don’t Worry, Sarah. We’ll tell you about the Court!

In an interview with Katie Couric, it appears as if Sarah Palin was unable to name a single Supreme Court case other than Roe v. Wade.

The Palin aide, after first noting how "infuriating" it was for CBS to purportedly leak word about the gaffe, revealed that it came in response to a question about Supreme Court decisions.

After noting Roe vs. Wade, Palin was apparently unable to discuss any major court cases.

There was no verbal fumbling with this particular question as there was with some others, the aide said, but rather silence.

I like to think that if prompted, she could tell us what Brown v. Board of Education accomplished, but I’ve learned not to take anything for granted.

Anyway, Sarah, allow us to tell you about one or two cases that your own running mate has had a hand in bringing about.  Thanks to the confirmation of John Roberts and Samuel Alito, you can use any of these cases to talk about how the Court affects ordinary Americans.

  • Ledbetter v. Goodyear – Makes it harder for women to sue when they’ve been discriminated against.
  • Parents Involved in Community Schools v. Seattle School District No. 1 – Makes it harder to desegregate schools.
  • Hein v. Freedom From Religion Foundation – Makes it harder for to preserve the wall between church and state.
  • Garcetti v. Ceballos – Makes it harder for students to exercise free speech.
  • Gonzales v. Carhart – Makes it harder for women to get abortion procedures they need.

And that’s just the tip of the iceberg!  Thanks to your running mate, there are all sorts of terrible, terrible Supreme Court decisions that limit our rights and freedoms.  Better get studyin’.

PFAW

Fourth Circuit Victory For Religious Liberty

If you read my post back in March after the oral argument before the Fourth Circuit in Turner v. City Council of Fredericksburg, Virginia, you know that it was quite an honor to have had retired Supreme Court Justice Sandra Day O’Connor on the three-judge panel. And now Justice O’Connor has written the court’s opinion in the case, a July 23 unanimous decision in favor of our client, the Fredericksburg City Council.

PFAW

The Muppets Take Philadelphia

Happy Fourth of July! After a busy week traveling to Pittsburgh and San Francisco, talking to activists about the Supreme Court and to donors about People For's work, I'm using the long weekend to spend some much needed time with my family. I hope you too will have a happy and healthy Fourth of July! I heard from many of you in the last week in response to my Friday Note about George Carlin and Big Bird. Your ideas about how best to use culture to bring change to America were wonderful. I hope that in the coming months I will have the opportunity to talk with you more about the direction of our country and what People For can do to create an America that values religious liberty and free speech, a democracy where all our voices and votes count.
PFAW

Reflections on Fourth Circuit Oral Argument in Church-State Case

The United States Court of Appeals for the Fourth Circuit does not inform those who argue before it of the identities of the judges on the three-judge panels who will be hearing specific cases until the very morning of the oral argument. And so it was a great surprise — and an even greater honor — to learn yesterday when we walked into the courthouse in Richmond that retired Supreme Court Justice Sandra Day O’Connor would be a member of the panel hearing Turner v. City Council of Fredericksburg, Virginia. The other panel members were Fourth Circuit Judges Diana Gribbon Motz and Dennis Shedd.

PFAW