Calling for Common Sense About Christmas, Rutherford Institute Issues Legal Guidelines for Celebrating Christmas in Public, At School or Work

Thu, 19 Nov 2009 00:00:00 GMT

CHARLOTTESVILLE, Va. -- Hoping to alleviate any confusion over the do's and don'ts of celebrating Christmas in schools, workplaces and elsewhere, The Rutherford Institute has issued its "Twelve Rules of Christmas" guidelines, which are available here. Rutherford Institute attorneys are preparing to deal with the annual onslaught of calls to their legal hotline regarding the censorship of Christmas celebrations.

In years past, the Institute has been besieged by calls from parents and teachers alike complaining about schools changing their Christmas concerts to "winter holiday programs" and renaming Christmas "winter festival" or cancelling holiday celebrations altogether to avoid offending those who do not celebrate the various holidays.

Individuals with legal questions or in need of legal assistance should call (434) 978-3888 or email staff@rutherford.org.

John Whitehead, President of The Rutherford Institute, Calls on Gov. Kaine to Order Retrial for Jailhouse Lawyer Joe Giarratano

Tue, 17 Nov 2009 00:00:00 GMT

CHARLOTTESVILLE, Va.--In a letter to Governor Tim Kaine, John W. Whitehead, president of The Rutherford Institute, is urging the Virginia governor to exercise his discretion and order the retrial of Joseph Giarratano, an inmate in the custody of the Virginia Department of Corrections (VDOC) who has worked tirelessly over the past 30 years to improve prison conditions for other inmates and exonerate those wrongfully convicted.

A copy of Whitehead's letter is available here.

"It is a hard road the United States judicial system must walk in doling out judgment. Yet as our leaders strive to uphold the rule of law, I believe we must endeavor to be willing to acknowledge the flaws within our judicial system and government and work to fix them," stated Whitehead. "It is my hope that Governor Kaine will govern boldly and courageously by letting one of his final acts of office be to show compassion and clemen...

U.S. Supreme Court Puts an End to High School Valedictorian's Fight to Defend Right to Speak Freely About Her Christian Beliefs at Graduation

Mon, 16 Nov 2009 00:00:00 GMT

"This is a sad day for the cause of freedom. When the Supreme Court cannot clear their calendar to hear a case of this magnitude, then our freedoms are in jeopardy. Such censorship and discrimination should not be permitted in America."-- John W. Whitehead, The Rutherford Institute

WASHINGTON, DC -- The United States Supreme Court has refused to hear the case of a high school valedictorian whose microphone was turned off by school officials after she began speaking about the part her Christian beliefs played in her success in life. Attorneys for The Rutherford Institute had asked the Court to hear the case of Brittany McComb, charging that school officials violated McComb's free speech rights and engaged in viewpoint discrimination when they censored her speech because of its Christian content. The Court issued the order denying the petition without additional explanation.

"This is a sad day for the cause of freedom," said John W. Whitehead, president of T...

John W. Whitehead Calls for Sweeping Changes to the U.S. Supreme Court and Far-Reaching Revisions to the Confirmation Process

Mon, 16 Nov 2009 00:00:00 GMT

"The time has surely come for an independent judicial appointments commission to be established ... to take Supreme Court appointments out of the hands of politicians and beyond the reach of the political process..."--John W. Whitehead & John M. Beckett

CHARLOTTESVILLE, Va.--In "A Dysfunctional Supreme Court: Remedies and a Comparative Analysis," constitutional attorney John W. Whitehead collaborates with British lawyer John M. Beckett to address their concerns with the U.S. Supreme Court and propose solutions as to how the Court could be modernized and made more democratic, particularly in regard to its confirmation procedures.

In the article, which was written for the Fall 2009 issue of the Charleston Law Review, Whitehead and Beckett hone in on a range of problems with the set-up of the Court, and ask what revisions could be made, in part by examining the selection procedures for justices in the United Kingdom, which has recently inaugurated its new Supre...

New to Oldspeak: Paul Rademacher Talks with John W. Whitehead About consciousness, spirituality, Christianity & Out of Body Experiences

Sun, 15 Nov 2009 00:00:00 GMT

CHARLOTTESVILLE, Va. -- OldSpeak, an online publication of The Rutherford Institute, hosts an insightful discussion between Paul Rademacher, the executive director of The Monroe Institute and author of A Spiritual Hitchhiker's Guide to the Universe: Travel Tips for the Spiritually Perplexed (Hampton Roads, 2009), and John W. Whitehead, president of The Rutherford Institute, about the intersections between consciousness, spirituality and the Christian tradition.

The interview, "A Spiritual Hitchhiker's Guide to the Universe," is available here.

While researching his non-fiction, bestselling book, The Men Who Stare at Goats, author Jon Ronson visited The Monroe Institute, located in Faber, Virginia. The book, now a movie starring George Clooney and Jeff Bridges, chronicles the activities of the First Earth Battalion, a secret U.S. Army program formed in 1979 t...

New to Oldspeak: Frank Schaeffer Talks Candidly with John W. Whitehead About New Atheism and Its Similarities to Christian Fundamentalism

Mon, 02 Nov 2009 00:00:00 GMT

CHARLOTTESVILLE, Va. — OldSpeak, an online publication of The Rutherford Institute, hosts a provocative discussion between Frank Schaeffer, the son of Christian evangelist Francis Schaeffer and author of Patience with God: Faith for People Who Don’t Like Religion (or Atheism) (Da Capo Press, 2009), and John W. Whitehead, president of The Rutherford Institute. The interview, “Patience with God: Taking on Atheists and Christian Fundamentalists,” is a candid discussion of religion and its impact on American politics between two individuals, Schaeffer and Whitehead, whose ideas and actions have shaped our national dialogue on matters of religion and politics.

WHITEHEAD: In your book Patience with God, you point out that the New Atheists are just as dangerous as you consider fundamentalist Christians to be. Can you explain why?

SCHAEFFER: I would go even further and say that the New Atheists are fundamentalists. They have just changed a few wo...

The Rutherford Institute Calls on Congress to Investigate DHS Chief Privacy Officer for Failure to Protect Americans' Privacy Rights

Wed, 28 Oct 2009 00:00:00 GMT

WASHINGTON, DC --The Rutherford Institute, along with a coalition of 20 other concerned privacy organizations, has called on Congress to launch an investigation into whether the Chief Privacy Officer (CPO) of the Department of Homeland Security (DHS) failed to protect the privacy of American citizens from invasive technologies deployed by the DHS.

In a joint letter sent to the U.S. House of Representatives Committee on Homeland Security, the coalition members cite four DHS programs in particular which have resulted in privacy protections being substantially eroded: Fusion Centers and the Information Sharing Environment, Whole Body Imaging, Closed-Circuit Television (CCTV) Surveillance, and Suspicionless Electronic Border Searches.

DHS has the greatest budget authority of any federal agency to develop systems of surveillance directed toward the American public. As a check on this authority, the Chief Privacy Officer's job, according to the DHS Act and amended by the ...

In Stirring New Book, John W. Whitehead Calls on Americans to Stand and Fight for Their Freedoms—Particularly Religious Freedom

Mon, 26 Oct 2009 00:00:00 GMT

"For those who love this country, these are far from the best of times. Yet we are far from helpless and this is not the time to surrender our rights." —John W. Whitehead

CHARLOTTESVILLE, Va.—In his new book, Stand and Fight: It's Time for a Second American Revolution (TRI Press, 2009), constitutional attorney John W. Whitehead urges Americans to stand and fight for their rights—particularly their right to religious freedom.

In Stand and Fight, Whitehead provides readers with a step-by-step plan for fomenting change and safeguarding their constitutional freedoms. Whitehead is nationally recognized as one of the nation's most vocal and involved champions of religious freedom and civil liberties.

"Freedom in general is under attack. But in the area of religious freedom for Christians, the battle is particularly fierce," writes Whitehead. "In virtually every segment of society, the culture has become so secularized that Christian exp...

At Urging of The Rutherford Institute & Others, U.S. Supreme Court Agrees to Hear Case Challenging Unlawful Detention of Uighurs at Guantanamo

Tue, 20 Oct 2009 00:00:00 GMT

WASHINGTON, DC -- The United States Supreme Court decided today that it will hear the case involving the Chinese Muslims, known as Uighurs (pronounced WEE-GERS), being unlawfully detained at Guantanamo Bay. The U.S. military and the courts have long recognized that the Uighur detainees do not pose a threat to the United States, therefore leaving no legal basis for their continued detention. Federal District Court Judge Urbina ordered they be released into the United States last October, but the U.S. Court of Appeals for the District of Columbia Circuit reversed, deciding that courts lacked the authority to order such a release. The Uighurs then sought review of their case, Kiyemba v. Obama, by the Supreme Court, which will now decide the case.

Click here to view the brief.

"The American government lacks a legal basis to detain the Uighurs. Since there is no evidence that they pose a threa...

Rutherford Institute Launches National Campaign to Teach Public School Officials the ABC’S of the Constitution in the Classroom

Mon, 19 Oct 2009 00:00:00 GMT

The Rutherford Institute has launched its annual “ABC’s of the Constitution in the Classroom” campaign, a national effort to educate students, parents, teachers and school administrators about how to uphold the U.S. Constitution in the public schools and how to avoid censoring student religious expression. As part of the campaign, John W. Whitehead, president of The Rutherford Institute, has promised to send a free pocket-sized copy of the Bill of Rights to anyone, student or adult, who requests one.

The Institute is also making available to school officials an in-depth special report entitled “Inside the Schoolhouse Gates: A Report on Religion in the Public Schools,” which can be accessed online here.

“School districts have an affirmative obligation to understand and respect the rights of all their students, including religious students,” said John W. Whitehead, president of The R...

Rutherford Institute Defends Right of Chaplains to Offer Imprecatory Prayers, Opposes Efforts to Restrict Religious Speech

Thu, 15 Oct 2009 00:00:00 GMT

DALLAS, Texas--The Rutherford Institute has come to the defense of the head of a chaplaincy endorsing organization who is being sued over allegations that a chaplain affiliated with his group solicited imprecatory prayers which the plaintiffs consider to be "terroristic threats."

The lawsuit, which defines imprecatory prayer as "prayers for the Lord to protect the weak and faithful from the strong and wicked," seeks to limit the content of prayers offered by chaplains who are approved by the Chaplaincy of Full Gospel Churches (CFGC). For more than 25 years, CFGC has carried out a service to the nation by endorsing military and civilian chaplains.

"If people are forced to stop offering imprecatory prayers, half the churches, synagogues and mosques in this country will have to be shut down," stated John W. Whitehead, president of The Rutherford Institute. "When Martin Luther King spoke, violence erupted in many places. He wasn't inciting violence. Free speech is the l...

Rutherford Institute Court Victory Stands, Constitution Party Prevails in Efforts to Circulate Petitions at W. Va. State Park

Thu, 01 Oct 2009 00:00:00 GMT

ELKINS, W.Va. — West Virginia officials have opted not to pursue their appeal of a federal court ruling that affirms the First Amendment right of a political group to circulate petitions and collect signatures at a public event held at a state park. The ruling came in response to a lawsuit filed by attorneys for The Rutherford Institute on behalf of members of the Constitution Party of West Virginia. With the dismissal of the appeal, the order of District Court Judge John Preston Bailey enjoining the West Virginia Division of Natural Resources (DNR) from applying a rule restricting solicitation in state parks against petitioning activities of Constitution Party members will remain enforceable.

“This is an important victory for the freedom of speech,” stated John W. Whitehead, president of The Rutherford Institute. “We cannot allow the government to silence us. In America, we have the right to be heard, and we have to protect it.”

In September 2007, members of the C...

Victory: After Intervention by Rutherford Institute, Dept. of Corrections lifts Ban on 'Books Behind Bars' Program, Recognizes Inmates' Rights

Wed, 16 Sep 2009 00:00:00 GMT

CHARLOTTESVILLE, Va. -- At the urging of The Rutherford Institute and a general outcry from the community at large, the Virginia Department of Corrections has withdrawn a directive forbidding prison inmates from receiving free books from the Charlottesville-based Quest Institute, a non-profit whose "Books Behind Bars" program has distributed more than a million books to 11,000 inmates over the course of its 20-year history.

In a letter to Kay Allison, president of Quest Institute, Inc., Gene Johnson, director of the Department of Corrections, indicated that the Department would restore the prisoners' ability to receive up to three books per month from the program. As Allison noted in a letter to The Rutherford Institute, "There really are no words to describe my gratitude to you. You have turned it around--making a difference for all of the inmates, showing them that there is a way for their voice to be heard!"

The policy change came a day after The Rutherford Insti...

Crying Foul Over Dept. of Corrections' Violation of Inmates' Rights, Rutherford Institute Demands Ban on 'Books Behind Bars' Program Be Lifted

Mon, 14 Sep 2009 00:00:00 GMT

CHARLOTTESVILLE, Va. - The Rutherford Institute is calling on the Virginia Department of Corrections to withdraw a directive forbidding prison inmates from receiving free books from the Charlottesville-based Quest Institute, a non-profit whose "Books Behind Bars" program has distributed more than a million books to 11,000 inmates over the course of its 20-year history. In a demand letter sent to Gene M. Johnson, the director of the Virginia Department of Corrections, Rutherford Institute attorneys charge that the Department's ban amounts to egregious censorship and is an unwarranted and clear violation of the First Amendment rights of prison inmates who might benefit from the program, as well as the Quest Institute. A copy of the Institute's letter is available here.

"Books Behind Bars has a clear First Amendment right to provide books and information to inmates. And inmates have a right to receive books an...

Rutherford Institute Asks U.S. Supreme Court To Hear Free Speech Case on Bible-Reading in the Classroom During Show-and-Tell

Wed, 09 Sep 2009 00:00:00 GMT

WASHINGTON, D.C. -- Attorneys for The Rutherford Institute have asked the United States Supreme Court to hear the case of a Pennsylvania mother who was forbidden from reading a passage from Psalms as part of an "All About Me" kindergarten classroom program intended to spotlight her son and his favorite book, the Bible. In challenging a ruling by the Third Circuit Court of Appeals, Rutherford Institute attorneys argue that the appellate court's decision gives school officials too much discretion to discriminate against expression on the basis of its religious nature in violation of the First Amendment.

"By excluding religious expression, and Christian expression and symbols in particular, from the classroom, school officials have exhibited the kind of hostility toward religion that should never be found in an American public school," stated John W. Whitehead, president of The Rutherford Institute. "If these acts of censorship and discrimination are allowed to continue, there w...

Federal Court Bans Instrumental Performance of 'Ave Marie' at Graduation; Rutherford Institute to Appeal to U.S. Supreme Court

Tue, 08 Sep 2009 00:00:00 GMT

SEATTLE, Wash.--A federal appeals court has upheld a school's decision to forbid a student woodwind ensemble's performance of the instrumental piece "Ave Maria" at a high school graduation ceremony. Attorneys for The Rutherford Institute, who will seek review of the decision before the U.S. Supreme Court, had filed suit against the Everett School District, charging that the school's actions violated student Kathryn Nurre's right to freedom of speech.

A panel of the Court of Appeals for the Ninth Circuit ruled that although instrumental music is constitutionally-protected expression, the district's decision was justified in order to avoid controversy. Circuit Judge Milan Smith filed a dissenting opinion expressing his view that Nurre's First Amendment rights were violated and his fear that the decision could lead "public school administrators to chill--or even kill--musical and artistic presentations by their students . . . where those presentations contain any trace of reli...

Victory: Virginia Jail Amends Policy, Puts an End to Ban on Biblical Passages, Censorship of Religious Materials

Mon, 10 Aug 2009 00:00:00 GMT

STAFFORD, Va. -- After being contacted by a coalition of concerned civil liberties and religious organizations, officials at the Rappahannock Regional Jail have agreed to amend their policy on materials downloaded from the internet in order to put an end to their practice of censoring religious material sent to detainees. The Rutherford Institute, in conjunction with the American Civil Liberties Union, the ACLU of Virginia, the Virginia Interfaith Center for Public Policy, Prison Fellowship, the Friends Committee on National Legislation and the Becket Fund for Religious Liberty, had sent a letter to the Rappahannock Regional Jail, demanding that officials immediately end their illegal practice of censoring religious material sent to detainees.

"It is good that Rappahannock officials have come to their senses," said John W. Whitehead, president of The Rutherford Institute. "Sadly, however, prison officials across the nation routinely deny religious materials to prisoners. Thi...

Rutherford Institute Declares Virginia Jail Ban on Biblical Passages Unconstitutional, Seeks End to Censorship of Religious Material

Thu, 09 Jul 2009 00:00:00 GMT

STAFFORD, Va. -- The Rutherford Institute, in conjunction with the American Civil Liberties Union, the ACLU of Virginia, the Virginia Interfaith Center for Public Policy, Prison Fellowship, the Friends Committee on National Legislation and the Becket Fund for Religious Liberty, has demanded that officials at the Rappahannock Regional Jail immediately end their illegal practice of censoring religious material sent to detainees.

In a letter sent today to the jail's superintendent, Joseph Riggs, Jr., The Rutherford Institute asks that jail officials guarantee in writing that the jail will no longer censor biblical passages from letters written to detainees and to revise the jail's written inmate mail policy to state that letters will not be censored simply because they contain religious material.

A copy of the letter is available here.

"Sadly, prison officials across the nation routin...

U.S. Supreme Court Rules Student Strip Search Unconstitutional

Thu, 25 Jun 2009 00:00:00 GMT

WASHINGTON, DC --In a closely-watched case involving student privacy, the U.S. Supreme Court has ruled that Arizona school officials violated the Fourth Amendment rights of a 13-year-old student when they strip-searched her in a vain attempt to find over-the-counter pain relief pills. Retiring Justice David Souter, writing for an eight-justice majority, made clear that a reasonable school search "requires the support of reasonable suspicion of danger or of resort to underwear for hiding evidence of wrongdoing before a search can reasonably make the quantum leap from outer clothes and backpacks to exposure of intimate parts."

The Rutherford Institute, in conjunction with the Cato Institute and the Goldwater Institute's Scharf-Norton Center for Constitutional Litigation, filed a friend of the court brief in Safford Unif. Sch. Dist. # 1 v. Redding urging the court to find the strip search unconstitutional (

Rutherford Institute Urges U.S. Supreme Court to Hear Free Speech Case of High School Valedictorian Censored, Silenced for Referencing Christ

Thu, 18 Jun 2009 00:00:00 GMT

WASHINGTON, DC -- Attorneys for The Rutherford Institute have asked the United States Supreme Court to hear the case of a high school valedictorian whose microphone was turned off by school officials after she began speaking about the part her religious beliefs played in her success in life. Institute attorneys charge that school officials violated Brittany McComb's free speech rights when they cut off the microphone in the middle of her valedictory address. They also argue that school officials engaged in viewpoint discrimination by censoring McComb because of her Christian beliefs while allowing other student speakers to offer remarks with religious content.

A copy of the brief is available here.

"Brittany McComb's case could be vital to the survival of freedom in America's public schools," said John W. Whitehead, president of The Rutherford Institute. "At present, our public school...

TRI: Press Release