Volume 36 • Fall 2006

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Program Guide

1. Sending Investigative Journalism to Jail
(also available as a 30-sec. PSA, track 31)
Attorney General Alberto Gonzales has been making news with his opinion that the government has a right to prosecute journalists for reporting on information that could jeopardize the nation’s security. Gonzales believes journalists should be given a “Go to Jail” card for publishing classified information about such things as the government’s surveillance of Americans. But the news media insist that they are protected by the Constitution’s freedom of the press provision. Founding father Thomas Jefferson would probably agree. He said that if he were forced to choose between government without newspapers, and newspapers without government, he would gladly choose the latter because a free flow of information is vital to democracy. The point of law is our First Amendment. The right to a free press is one of your First Liberties.

2. Showdown at the Constitutional Corral
College professor Rich Collins is at the center of a constitutional showdown between free speech and property rights. Collins believes he was exercising his constitutional rights by handing out campaign flyers in the parking lot of a local shopping center. Collins insisted the private lot was a public forum, a modern take on public squares of old. But the owners of the parking lot disagreed, insisting that they have the right to exclude anyone they choose from their private property. After Collins was arrested for trespassing, he turned to the courts for help in defending his right to free speech. The point of law is our First Amendment. While the courts are still debating where free speech ends and private property rights begin, the right to freely express yourself is still one of your First Liberties.

3. Knocking on Privacy’s Door
(also available as a 30-sec. PSA, track 32)
When police came a-knock, knock, knocking at Kerry Ann Schwarz’s home, they found her 13-year-old daughter home alone. The teen gave the police permission to search the house, where they found a small quantity of drugs—enough to convict the missing mom of drug possession. But the Montana Supreme Court threw out the conviction, ruling that police stepped over the line when they stepped into the house on the say-so of a minor. According to the state’s high court, a child under the age of 16 does not have the authority to give police permission to search a parent's home. The point of law is our Fourth Amendment.  The right to privacy and to be free from unreasonable searches and seizures is one of your First Liberties.

4. Bearing a Cross for Religious Freedom
When the San Diego city council arrived at a crossroads over a cross symbol on a war memorial on public property, they didn’t hesitate to follow the path of religious freedom. Since 1954, a cross has adorned the Mount Soledad Korean War memorial in San Diego.  Paid for and maintained by private funding, the monument nonetheless sits on public land. Challenged in court by an atheist who wants it torn down, the cross memorial has become yet another casualty in the battle over where to draw the line over the so-called wall of separation between church and state. The point of law is our First Amendment. While the government is prohibited from establishing religion, the right to publicly exercise your religious beliefs is one of your First Liberties.

5. Words Can Never Hurt You
(also available as a 30-sec. PSA, track 33)
Sticks and stones might break your bones, but some Pennsylvania school officials want to ensure that words can never offend you. A Pennsylvania public school has prohibited students in a Prayer Club from discussing controversial issues that might offend other students—issues like abortion, homosexuality and premarital sex. Officials insist that public schools should be a haven from controversial debate, which they feel disrupts the educational process.  But students in the Prayer Club argue that they should be free to express their beliefs and to question other people’s lifestyles. The point of law is our First Amendment.  Whether you are a student in a public school or a demonstrator on a public street, the right to speak freely on political, religious and social issues, even if they are controversial, is one of your First Liberties.

6. Free-Whistling Zones?
(also available as a 30-sec. PSA, track 34)
When L.A. County prosecutor Richard Ceballos blew the whistle on police misconduct, he quickly found himself under fire for his on-the-job remarks. Ceballos claims that he was demoted for challenging the legitimacy of a search warrant. He insists that whistleblowers should be protected under the First Amendment.  But the U.S. Supreme Court didn’t quite agree. In a 5-4 ruling, the high court declared that public employees’ free speech rights are protected when they speak out as private citizens but not when they speak out in the course of their official duties. Still, the point of law is our First Amendment. Although the high court’s ruling weakens protections for whistleblowers, the right to freely voice your concerns, even when it’s about possible government misconduct, is still one of your First Liberties.

7. Mystery Bills: The Case of the Unread Laws
(also available as a 30-sec. PSA, track 35)
It’s a mystery bill whodunnit, and the culprits may just be members of Congress. According to one congressional watchdog group, lawmakers routinely pass pieces of legislation without ever having read them. These so-called “mystery bills” can lead to unnecessary spending and even corruption.  However, Readthebill.org thinks they have a solution: require that all legislation be posted on the internet at least 72 hours before it is passed. That way, even if lawmakers aren’t going to read the legislation they sign, at least the taxpayers can. The point of law is our U.S. Constitution, which grants Congress the power to make laws.  Presumably the best laws are ones that have actually been read.  The right to be informed about the workings of your government is one of your First Liberties.

8. First Amendment and Happy Endings
(also available as a 30-sec. PSA, track 36)
When a Christian theater group had the curtain pulled on its freedom of speech, their fairytale production quickly turned into a constitutional drama. City officials in Boca Raton, Florida, prohibited the Stars in the Universe theater group from making religious references in their playbill and during curtain speeches for their stage production of “Cinderella.” City officials were afraid that religious remarks in the public theater might violate the so-called separation of church and state. However, after The Rutherford Institute educated theater officials about the group’s right to freely express their religious beliefs, the First Amendment battle ended with a happily ever after for Stars in the Universe. The point of law is our First Amendment.  The right to freely express your religious beliefs is one of your First Liberties.

9. Resisting the Constitution
The U.S. Supreme Court has the power to interpret the law of the land.  But should the federal law of the land stop at Alabama’s state border? One judicial candidate thinks so. Alabama judge Tom Parker claims that state courts should not have to follow U.S. Supreme Court precedents they believe to be unconstitutional. Parker, who is running for chief justice of Alabama’s high court, thinks state courts should determine whether a decision is erroneous. However, critics of the plan insist that allowing state courts to disobey Supreme Court decisions would result in judicial chaos. The point of law is Article III, Section I of our U.S. Constitution.  It ensures that “the judicial power of the United States shall be vested in one Supreme Court.” And that’s one of your First Liberties.

10. Federalism in Jeopardy
President Bush’s highly touted Medicare prescription drug plan could be the crowning achievement of his term.  However, fifteen states are insisting that they shouldn’t have to bear the burden of the crown. Under the drug plan, which was passed by Congress, the states would be required to pick up part of the tab for the federal program. Critics worry that this could open the doors for Congress to pass more laws requiring the states to shoulder the costs of other federal programs. Now the U.S. Supreme Court has been asked to decide whether the program constitutes an illegal tax on the states. The point of law is our U.S. Constitution. It provides for a system of dual sovereignty between the states and federal government, and that is one of your First Liberties.

11. Keeping Secrets
According to Harry Truman, “Secrecy and a free, democratic government don't mix.” Believing this, civil liberties groups are increasingly challenging the Bush administration’s claim to a “state secrets privilege.” The government has used the privilege to evade lawsuits over its surveillance of Americans and its handling of terror suspects. Supporters of the government’s claim of state secrets insist that national security would be endangered by open discussions. But critics argue that the government’s evasive tactics have short-circuited judicial scrutiny and public debate—and left many criminal suspects in the dark about the charges against them. The point of law is our Sixth Amendment. It includes the right to a speedy public trial and to be informed of the nature and cause of your accusations. That’s one of your First Liberties.

12. Protecting Unpatriotic Protests
(also available as a 30-sec. PSA, track 37)
Singing “God hates America” to the tune of “God bless America” at military funerals, the members of Westboro Baptist Church are not going to win many popularity contests any time soon. The controversial group stages protests at military funerals, insisting that God is killing American soldiers in order to punish the United States for its openness to homosexuality. In response, Congress passed the Respect for America’s Fallen Heroes Act to prohibit protests during military funerals. Several states have also tried to impose legislative roadblocks to the un-patriotic protests. Yet although the protesters’ speech is unpopular, civil liberties advocates insist it is still protected by the U.S. Constitution. The point of law is our First Amendment. The right to freely engage in political and religious speech is a cornerstone of American liberty, and that’s one of your First Liberties.

13. Too Short for Jail
(also available as a 30-sec. PSA, track 38)
One-hit wonder Right Said Fred made the pop charts with his musical claim that he was too sexy for Milan, New York and Japan. Child molester Richard Thompson made headlines when he was deemed too short for jail.Fearing that Thompson, who is 5 foot 1, might be too short to withstand the rigors of jail, Nebraska Judge Kristine Cecava sentenced him to ten years’ probation instead of prison. But the judge’s ruling, while long on compassion, fell far short of appeasing outraged community members, who insisted the ruling was unconstitutional because it favored short people with less severe sentences. The point of law is our Fourteenth Amendment. While the Supreme Court has yet to recognize height as a constitutionally recognized characteristic, the right to be treated equally under the law is one of your First Liberties.

14. Lemon Drop Dilemma
(also available as a 30-sec. PSA, track 39)
 Remember the candy you ate as a kid? Fizzies, Wax Lips, Candy Cigarettes, Candy Buttons, Atomic Fireballs, BB Bats, Bubble Gum Cigars and Lemon Drops were all the rage at one time. But as more schools fall prey to zero tolerance policies, the sweet concoctions of childhood are fast becoming bitter pills to swallow for today’s young people. For example, one six-year-old Colorado boy was treated to a sour experience after he was caught sharing a lemon drop with a fellow student. After calling an ambulance and the local fire department, school officials suspended the boy from school for half a day under the school’s zero tolerance policy for illegal drugs. But the point of law is our Fifth Amendment.  The right to due process, especially in the form of common sense in the classroom, is one of your First Liberties.

15. Pulling the Plug on Free Speech
(also available as a 30-sec. PSA, track 40)
When a high school valedictorian had the plug pulled on her free speech rights, she decided to teach school officials the ABC’s of the Constitution in the classroom. Brittany McComb had earned the right to give the valedictory speech at her high school graduation. However, when Brittany began to talk about the role her faith as a Christian played in her life, school officials literally pulled the plug on her free speech rights, fearing that her religious remarks would be construed as a school endorsement of religion. But Brittany refuses to remain silent about her faith OR her right to free speech. Now the courts will have to decide. The point of law is our First Amendment. The right to freely speak, no matter what the topic, is one of your First Liberties.

16. Is There Privacy After Prison?
(also available as a 30-sec. PSA, track 41)
Is there privacy after prison? That’s what parolee Donald Sampson wanted to know after he was stopped and searched while walking down a California street. Having done hard time in jail, Sampson felt he was entitled to certain fundamental rights—like the right to privacy—once he got out. But he quickly found out that life outside the Big House is not always what it’s cracked up to be. When a beat cop saw Sampson strolling down the street, what could have been a meet-and-greet quickly turned into a random pat-down search that showed the parolee to be in possession of drugs. And before he knew it, Sampson was headed back up the river. The point of law is our Fourth Amendment. While the right to be free from unreasonable searches is one of your First Liberties, the Supreme Court has ruled that the government’s interest in ensuring public safety trumps the privacy rights of parolees.

17. Putting the Brakes on Choose Life Plates
(also available as a 30-sec. PSA, track 42)
When the Tennessee legislature agreed to offer “Choose Life” license plates to state drivers, an abortion rights group tried to put the brakes on the pro-life plates. The “Choose Life” license plates were part of an effort to raise money for pregnancy centers that provide women with alternatives to abortion like adoption.  But abortion-rights advocates, who have long prided themselves on being “pro-choice,” weren’t quite so keen on the legislature’s choice of plates, so they turned to the courts for help. But they soon found themselves at a dead-end after the Supreme Court refused to hear the case, leaving the legislature in the driver’s seat. The point of law is our First Amendment. The right to freely express your opinions, even on controversial issues like abortion, is one of your First Liberties.

18. Raining on Prom Night
It might as well have been raining on prom night for 18-year-old Kevin Logan. After school officials prevented the high school senior from wearing a dress to his prom, the Indiana teen considered taking his cross-dressing complaint to court. School officials insist that Logan should abide by the school dress code, which prohibits men from wearing dresses. But critics, pointing to a girl who wore a tuxedo to prom, consider the code a dastardly double standard. One federal judge has already ruled that a male student’s decision to wear a dress to his prom was a protected form of expression. The points of law are our First and Fourteenth Amendments. The right to freely express yourself—on a promenade or in a prom dress—and not be discriminated against because of your gender are two of your First Liberties.

19. Botched Execution
For most people, death comes too soon. But for one Ohio death row inmate, it didn’t come soon enough. Scheduled to be put to death by lethal injection, convicted killer Joseph Clark, who had murdered a man for easy drug money, found his own death harder to come by. After a 90-minute delay while prison officials struggled to find a vein and administer a lethal injection, Clark reportedly asked for “something by mouth” to end his life. Critics of death sentences that call for lethal injection claim Clark’s botched execution constituted cruel and unusual punishment. But prison officials insist there wasn’t a “flaw in the process.” Nevertheless, the point of law is our Eighth Amendment.  The right to be free from cruel and unusual punishments is one of your First Liberties.

20. Insane in the Membrane
(also available as a 30-sec. PSA, track 43)
It’s possible that convicted killer Scott Panetti is insane in the membrane. But does a death row inmate need to be sane in the brain to be executed? Sentenced to death for killing his wife’s parents, Panetti is a schizophrenic who believes the government wants to execute him in order to keep him from preaching the Gospel. Although prosecutors, medical experts and judges agree that Panetti is mentally ill, some of them consider the killer sane enough to die. Although the Supreme Court has ruled that the Eighth Amendment prohibits the execution of the insane, the jury’s still out on how crazy a condemned person must be to be granted clemency. The point of law is our Eighth Amendment.  The right to be protected from cruel and unusual punishment is one of your First Liberties.

21. Buffeted, Boarded Up and Booted Out
The victims of Hurricane Katrina have been buffeted by high winds and boarded up in government FEMA trailers. Now some of these same storm survivors are finding themselves booted out into the streets, along with their due process rights. Many FEMA trailer residents are waking up to find 30-day eviction notices on their front doors. Almost 3,000 have received notices for their evictions without having been provided with any legal recourse for challenging the evictions. Residents are also not provided with legal counsel and no trial is set to evaluate the conditions of families with special needs due to disability or financial hardship. But the point of law is our Fifth Amendment. The right to due process of law, which includes a due process of eviction and consideration upon appeal, is one of your First Liberties.

22. Constitutional Discrimination
Is it ever kosher to discriminate based on color? Inquiring minds want to know. Since the U.S. Supreme Court’s Brown v. Board of Education ruling, “separate but equal” has been a thing of the past. But when even that didn’t level the playing field for black Americans, President Johnson called on all Americans to take “affirmative action” to stop discrimination. But critics contend that what was intended to be a fair-minded policy has resulted in a system of reverse discrimination. Now the nation’s high court has been asked to show that justice really is blind—or at least color blind—as it reviews two cases where racial discrimination is used to achieve diversity in K-through-12 schools. The point of law is our Fourteenth Amendment. The right to equal treatment under the law is one of your First Liberties.

23. Fear of Religious Freedom
When Gracepointe Church got points off for being religious, they asked a federal court to take a look at the scorecard. Gracepointe Church had been holding their Sunday services at a public school gymnasium until they could find an alternate site. The school’s policy permits any nonprofit community organization that meets specific criteria to use the facilities for a set price. But when Gracepointe asked to extend their stay, school officials declared that there was no room at the gym for religious groups. Until the matter can be decided, a federal judge has called a temporary time-out, allowing the church to continue holding services in the school gymnasium. The points of law are our First and Fourteenth Amendments. The right to freely exercise your religious beliefs and not be discriminated against because of them are two of your First Liberties.

24. Will Your Vote Count?
(also available as a 30-sec. PSA, track 44)
Just when you thought it was safe to go back to the voting booth, trouble strikes again. Serious problems in electronic voting systems make it even more probable that your vote may not count in 2006. According to a recent security report, the easily altered software used for electronic ballot machines has the potential to go dead on Election Day, throw votes to the wrong candidate, and even trick the operators into thinking it is working fine.  Although the machines’ manufacturer denies the seriousness of the findings, many candidates and their constituents are worried that without a paper trail, it will be impossible to know whether or not one’s votes have counted. The point of law is our Fourteenth Amendment.  The right to vote—and have your vote be counted—is one of your First Liberties. 

25. No Right Is Absolute
(also available as a 30-sec. PSA, track 45)
No right is absolute. Not even the right to privacy. Congress recognized that truth when it passed the Partial-Birth Abortion Ban as legislation that is necessary to protect our society from barbarism. And that’s the argument being made to the U.S. Supreme Court to support doing away with the brutal practice of partial-birth abortions. Critics of the ban insist that such abortions should be permitted to protect the health of the mother. But supporters insist that requiring Congress to include a health exception to the partial-birth abortion procedure propels abortion to an unprecedented absolute right. The point of law is our Fifth Amendment. While the debate rages on about whether unborn babies are entitled to certain rights under the Constitution, the right to not be deprived of life, liberty or property is one of your First Liberties. 

26. Three Words Worth Fighting For
In the state where Thomas Jefferson penned the Virginia Statute for Religious Freedom to protect the likes of three Baptist preachers jailed for uttering unlicensed prayers, it may seem strange that ending a prayer with three small words could ignite a legal brushfire. Yet it has. When the Fredericksburg City Council adopted a policy prohibiting Councilman Hashmel Turner from ending his prayers at council meetings “in Jesus’ name,” Turner decided they were three words worth fighting for. Assisted by The Rutherford Institute, Turner is asking the courts to affirm his constitutional right to freely pray according to his conscience. The point of law is our First Amendment. It guarantees all Americans the right to freely exercise their religion. And that’s one of your First Liberties.

27. Civics 101
Each year, civics teachers across America teach their students about how a bill becomes a law: Congress writes the laws and the president signs or vetoes them. But critics have been taking the Bush administration to task over its piece-meal approach to the process. Civil libertarians have accused the president of using signing statements like a line-item veto to nullify parts of legislation that may not fit within the president’s policy plans.  And while administration officials insist that the signing statements are legal, concerns remain that the executive branch is exceeding its authority. The point of law is Article I, Section 7 of our U.S. Constitution, which requires the president to either approve or veto in its entirety a law passed by Congress.  The right to a balanced government is one of your First Liberties.

28. Trading Trust
With corporate scandals making headlines on a daily basis, some Americans consider corporate corruption to be a sign of the times. So it’s no wonder that corporate watchdogs are giving a critical eye to President Bush’s recent decision to give America’s intelligence czar, John Negroponte, broad authority to waive SEC rules. In the name of national security, Negroponte can now allow certain publicly traded companies to keep their accounting practices private. Understandably, leery investors are wondering whether they will have to trade in their trust in a system requiring public disclosure for sketchy promises of safety and security. The point of law is the 1934 Securities and Exchange Act.  The right to be assured of truth in securities and open and honest corporate business practices is one of your First Liberties. 

29. Knocking Down the Fourth Amendment
When Detroit police stormed Booker Hudson’s home without knocking and announcing their presence, it seemed like a clear violation of the Fourth Amendment. And when Hudson’s case made it all the way to the steps of the U.S. Supreme Court, many believed the stage was set for the beginning of a new chapter in the way our nation’s high court interpreted the privacy rights of Americans. But they were certainly in for a surprise ending when the high court ruled that police armed with a warrant don’t have to wait to knock and announce their presence. Dissenters worry that the ruling could remove privacy protections for homeowners. But the point of law is our Fourth Amendment.  The right to be free from unreasonable searches or seizures is still one of your First Liberties. 

30. Racial Profiling
Many Americans know what it means to be DUI—driving under the influence—and DWI—driving while intoxicated. But do you know what it means to be DWB? Unlike the other two acronyms, DWB has nothing to do with a person’s capacity to operate a vehicle. It stands for “driving while black” and it has everything to do with racial profiling of black motorists. For example, last year in Missouri, black drivers were 46 percent more likely to be pulled over compared to Hispanics and whites. Across the country, black drivers are pulled over more frequently than other races and are 78 percent more likely to be searched than whites. But the points of law are the Fourth and Fourteenth Amendments. The right to drive free from discrimination and arbitrary searches are two of your First Liberties.