Teaching Public Schools the ABCs of the Constitution

Mon, 19 Oct 2009 00:00:00 GMT

Part I: The Rights of Religious Student Groups in Public Schools

(Read Inside the Schoolhouse Gates: A Report on Religion in the Public Schools) (PDF)

(Read Part II: Students' Free Speech Rights in Public Schools)

(Read Part III: Religious Expression at Graduation Ceremonies and Assemblies)

(Read Part IV: Non-Student Expression on School Property

(Read Part V: Teachers’ Rights in Public Education)

Summer 2009 Parakletos

Wed, 26 Aug 2009 00:00:00 GMT

Carol, my beloved wife and constant companion, passed away suddenly and unexpectedly on June 3. Carol was an incredible woman who acted as the heart and soul of The Rutherford Institute.

She was my partner in every way. This was especially so when it came to The Rutherford Institute. When I first thought to start The Rutherford Institute, believing that God was calling me to stand in defense of people whose rights were being violated, it was Carol who prayed with me about it. And when no one else would give me the money to get started, it was Carol who helped scrape up enough to get things going and sacrificed along the way to keep it going. From there, side-by-side, Carol and I labored to found The Rutherford Institute.

Carol's death is a great loss, not only for me and her family, but all who knew her. I hope you will join me in remembering the life of this beloved woman.

Thank you for your prayers and generous support.

The Surveillance State: A Glance at the Structure, Constitutional and Societal Impacts, and Solutions

Wed, 27 May 2009 00:00:00 GMT

"The Surveillance State: A Glance at the Structure, Constitutional and Societal Impacts, and Solutions" is an in-depth study of the surveillance state in the United States after September 11th, 2001 and how it came into structure, the implications of it, and what solutions are available in order to restore privacy to American citizens. It also provides analysis on the constitutional basis for privacy and also provides a comparative examination of how American privacy rights compare to historical and foreign examples.

Click here to read.

April 2009 Parakletos

Mon, 18 May 2009 00:00:00 GMT

Although this is a tough time financially for all non-profits, including The Rutherford Institute, we have never been busier. In fact, we are getting barraged with telephone calls, letters and e-mails asking for our help--some of which are reflected in the following case updates.

In terms of religious freedom and civil liberties generally, things are worsening. As all the studies show, students, teachers and the general public have little knowledge of their rights and the Constitution. And it shows in the pleas for help that we receive.

Despite all this, we are committed to helping those who come to us when their freedoms and beliefs are threatened. Thus, we are not cutting back on our caseload, and we are not backing off on any of the issues we fight in the courts. We will stay in the fight, no matter the cost, because we know that our freedoms are not free and must be defended at all costs.

Thank you for standing with us and helping us come to the aid of t...

February 2009 Parakletos

Mon, 23 Feb 2009 00:00:00 GMT

Although our country is presently in the midst of a financial crisis, it has been experiencing a civil liberties crisis far longer. And, as you can see from the sampling of cases below, The Rutherford Institute is in the thick of the battle.

We are currently barraged by pleas for help. And even though our caseload is growing, we are not turning anyone away. That was the reason I founded The Rutherford Institute in 1982--to make sure that those whose freedoms are threatened are able to defend their beliefs in a court of law.

However, we could not protect the rights we all rely on without the help of our affiliate attorneys across the United States who believe that our freedoms must be defended, whatever the cost. And I believe that because of your willingness to donate your time and expertise, we are making great strides in protecting the freedoms that were secured by the sacrifice and suffering of those who went before us.

—John W. Whitehead

Rutherford 2008 Case Summary Report

Wed, 03 Dec 2008 00:00:00 GMT

The Rutherford Institute 2008 Case Summary Report--a sample of Rutherford Institute cases currently making their way through the courts--is now available.

2008 Case Summary Report.

Pleasant Grove City, Utah v. Summum

Mon, 04 Aug 2008 00:00:00 GMT

The Rutherford Institute has filed an amicus brief in support of Summum, a religious organization which contends its free speech rights were violated when their proposed monument was excluded from a city park display.

The brief is available here.

The brief asks the high court to carefully scrutinize the lower court’s application of the “government speech” doctrine to shield the city from claims that it violated the First Amendment by engaging in viewpoint discrimination. “If the City is left free to use a private surrogate to advance a particularly favored message,” the brief argues, “the shield of democratic accountability that otherwise underpins the government speech doctrine actually serves as a means of unconstitutional viewpoint discrimination."

The Constitution Protects an Individual’s Right to Own Handguns: District of Columbia v. Heller

Thu, 26 Jun 2008 00:00:00 GMT

By Christopher Moriarty

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Never has one sentence created so much ambiguity and controversy. Well over two centuries after it was incorporated in the Bill of Rights, the Supreme Court has, for the first time, spelt out exactly what the framers of the Constitution intended the Second Amendment to mean. Appropriately, the Court released its most eagerly anticipated decision of last term on June 26, 2008, in District of Columbia v. Heller.

Heller concerned the constitutionality of the District of Columbia’s prohibition on the possession of handguns, and has raised emotions on both sides of the often polarized debate to near fever-pitch levels. The case started in 2003, when six residents of Washington, D.C., including Dick Heller, filed a lawsuit challenging the constitutionality ...

Partial Birth Abortion Statute Struck Down: Richmond Medical Center for Women v. Herring

Fri, 30 May 2008 00:00:00 GMT

By Rita Dunaway*

On May 20, 2008, in Richmond Medical Center for Women v. Herring, the United States Court of Appeals for the Fourth Circuit ruled that a Virginia law banning "partial birth infanticide" is unconstitutional because it imposes an undue burden on a woman's right to obtain an abortion. 1 The decision is particularly noteworthy because the statute rejected by the Fourth Circuit is very similar to the federal partial-birth abortion ban upheld by the Supreme Court last year in Gonzales v. Carhart (hereinafter referred to as Carhart II).2

The Virginia statute which the Fourth Circuit struck as unconstitutional provided that "[a]ny person who knowingly performs partial birth infanticide ... is guilty of a Class 4 felony." 3 The Act defines "partial birth infanticide" as follows:

Any deliberate act that (i) is intended to ki...

2007 Year-End Review: TRI Legal Developments

Fri, 14 Dec 2007 00:00:00 GMT

The following is a list of legal developments that have arisen over the past year in cases being handled by attorneys for The Rutherford Institute:

Adair v. England, U.S. Court of Appeals for D.C.
The action is a class action challenging the promotion and retention policies of the U.S. Navy with respect to chaplains. In the action filed by TRI, it is alleged that the Navy Chaplain Corps has discriminated against non-liturgical chaplains and in favor of Catholic and liturgical Christian chaplains. Although the plaintiffs initially won a victory when the district court ruled that they could conduct discovery into the proceedings of Selective Early Retirement Boards, in early 2007 the Navy sought reconsideration of that ruling on the basis of "stealth" legislation that was inserted into a defense appropriations bill enacted in 2006. This motion was granted in October 2007.

In a related case, Gibson v. U.S. Navy, TRI filed a similar clas...

The Growing Use of Video Surveillance Demands Better Rules to Protect Privacy

Tue, 28 Aug 2007 00:00:00 GMT

As governments push for more video surveillance to fight crime and terrorism, John Whitehead and David Cole urge us to safeguard personal privacy and free expression, too. Click here to read their article, "I Think We're Being Watched."

Guidelines for Public Video Surveillance: A Guide to Protecting Communities and Preserving Civil Liberties

Wed, 25 Jul 2007 00:00:00 GMT

This special report, "Guidelines for Public Video Surveillance: A Guide to Protecting Communities and Preserving Civil Liberties," issued by the Constitution Project, examines recent developments regarding the use of video surveillance systems, including rapidly advancing technology, the increased threat of terrorism, and the fact that existing legal regulations have failed to keep pace with these modern changes. The report offers numerous guidelines on how communities can develop a strong and effective system that also protects the privacy rights and civil liberties of its residents.

Sign-up to receive The Rutherford Institute's Insider Report E-newsletter!

Sign-up to receive John W. Whitehe...

A Hollow Victory: A Legal Analysis of Gonzales v. Carhart

Tue, 24 Apr 2007 00:00:00 GMT

On April 18, 2007, the United States Supreme Court issued its opinion in what is sure to be considered the most important decision regarding abortion since the infamous Roe v. Wade. In Gonzales v. Carhart, the Supreme Court upheld Congress' ban of the procedure widely known as "partial-birth abortion." While the decision is surely a considerable step in the right direction, the very existence of so much legal wrangling over the gruesome and barbaric procedure is disheartening, and the opinion is sure to leave Americans who believe abortion to be morally wrong with a feeling of overwhelming frustration.

[Warning: A review of this case requires some detailed discussion of the type of abortion procedure banned by Congress. The procedure, and thus the following analysis, is indelicate and deeply disturbing.]

Congress passed the Partial-Birth Abortion Ban Act of 2003 (the "Act") to outlaw just one particular type of late-stage abortion, known in t...

Second Amendment: Congress Has the Right to Reasonably Regulate Arms

Tue, 17 Apr 2007 00:00:00 GMT

On March 9, 2007, the D.C. Circuit Court of Appeals took one step closer to settling a decades long battle over whether the Second Amendment guarantees the people an individual right to bear arms or a so-called collective right to do so in the form of an organized militia. To the dismay of gun control advocates and the delight of gun rights proponents, the court ruled that the Second Amendment protects an individual’s right to bear arms.

Although this fight may still have another round to go since the U.S. Supreme Court may decide to weigh in on the controversial ruling, the issue that remains for many is just as important: How far does the Second Amendment go in guaranteeing Americans the right to bear arms? For many, the answer is straightforward—any restriction on the right pierces the sacred constitutional barrier. Yet for many others who also consider themselves gun proponents, there is a middle ground of sorts whereby the right to bear arms can be respecte...

America: Freedom to Fascism—A Critique

Mon, 19 Mar 2007 00:00:00 GMT

By David Caddell

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration.— The Sixteenth Amendment

There is an old adage that there are only two things in life you must do: pay taxes and die. However, according to thousands of tax protesters across the country, the part about paying taxes may not necessarily be true. Aaron Russo is one such opponent of the U.S. government’s taxation of the American peoples’ wages.

In America: Freedom to Fascism, a recent documentary by the popular film producer, Russo sets out on a mission to determine whether there is, in fact, a law that requires American citizens to pay a tax on their wages. His findings are astonishing. According to Russo, the federal government has perpetrated “two frauds” on the American people. First, he claims there is no federa...

Standing to Sue? Hein v. FFRA

Mon, 05 Mar 2007 00:00:00 GMT

Do American taxpayers have a right to challenge how bureaucrats spend their tax funds? That is what the Supreme Court must decide in Hein v. Freedom from Religion Foundation. Yet what should be a clear question of standing is viewed by some as just another round in the fight over separation of church and state—and that’s unfortunate.

Click here to read more.

TRI Litigation Report

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February 2007 Parakletos

Mon, 12 Feb 2007 00:00:00 GMT

Message from John W. Whitehead

America is in the midst of an unprecedented crisis. From corruption in Congress and court rulings that strike at the heart of religious freedom and parents’ rights to increased government surveillance of law-abiding Americans and decreased protection for the lives of unborn babies, our nation is in trouble. And no matter what the politicians promise, the state of our nation will not improve until “we the people” resolve to make our voices heard, take a stand on the issues and fight back.

Thankfully, The Rutherford Institute is a valuable resource for individuals who want to take a stand. Through our vast array of legal and educational programs, people can stay informed about the battles being waged for freedom, partner with us to oppose wrongdoing and injustice and, in so doing, hopefully stand strong for the things that truly matter.

As you can see from this issue of Parakletos, there are courageous individual...

Religious Freedom Day

Tue, 16 Jan 2007 00:00:00 GMT

Each year, the President declares January 16th to be Religious Freedom Day, and calls upon Americans to "observe this day through appropriate events and activities in homes, schools, and places of worship." The day is the anniversary of the adoption of the Virginia Statute for Religious Freedom by the Virginia legislature on January 16, 1786.

Among the sources for the Bill of Rights was the Virginia Act for Establishing Religious Freedom, which Thomas Jefferson first proposed in 1779 and the General Assembly adopted in 1786. The enrolled bill as passed by both houses of the assembly is authenticated by the signatures of Archibald Cary, Speaker of the Senate of Virginia, and Benjamin Harrison, Speaker of the House of Delegates. The act has since become a part of the Virginia Constitution, and its principles and language have inspired supporters of religious freedom around the world:

An Act for establishing religious Freedom.

Whereas, Almighty...

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