The Rutherford Institute Weighs in Before Supreme Court on Historic Ramifications of Second Amendment Right to Keep and Bear Arms

Wed, 03 Mar 2010 00:00:00 GMT

WASHINGTON, DC -- Insisting that the right to bear arms is a fundamental right of all Americans guaranteed by the Second Amendment and applies equally to the states and the federal government under the Fourteenth Amendment, The Rutherford Institute has filed a friend of the court brief with the U.S. Supreme Court in McDonald v. City of Chicago. At issue in the case is whether the Second Amendment, which the Supreme Court affirmed in 2008 in Heller v. District of Columbia as protecting individuals from federal prohibitions on the right to keep and bear arms also protects individuals from similar restrictions by state and local lawmakers.

A copy of The Rutherford Institute’s amicus brief is available here.

“The Second Amendment was appended to the Constitution to provide citizens with the means to protect themselves, and was meant to restrain overbearing legislatures at ...

The Rutherford Institute Urges U.S. Supreme Court to Hear First Amendment Case Involving Right to Political Expression at the Polls

Wed, 03 Mar 2010 00:00:00 GMT

WASHINGTON, DC -- The Rutherford Institute, in conjunction with several other organizations equally committed to protecting civil liberties, particularly the First Amendment freedoms of speech and petition, has asked the U.S. Supreme Court to hear Citizens for Police Accountability Political Committee v. Browning, which challenges a Florida law that restricts political expression based upon its content. Specifically, the statute allows exit pollsters to talk to voters as they are exiting the polls but does not give equal access to individuals intent on circulating petitions. The joint brief was filed by the following organizations: The Rutherford Institute; The Marion B. Brechner First Amendment Project (part of the School of Journalism at the University of Florida); National Voter Outreach; The Initiative & Referendum Institute; Citizens in Charge Foundation; and the Brechner Center for Freedom of Information.

A copy of the amicus brief is available

TRI to Appeal Free Speech Lawsuit: Valedictorian Ordered to Strip References to God, Prevented from Participating in Graduation

Tue, 02 Mar 2010 00:00:00 GMT

BILLINGS, Mont. -- Judge Gregory Todd of the Thirteenth Judicial District Court in Montana has ruled that a student at Butte High School was not unconstitutionally censored for refusing to remove references to Christ and God from her valedictory speech. Attorneys for The Rutherford Institute had filed a free speech lawsuit with the Court in 2009 on behalf of Renee Griffith, a high school valedictorian who was forbidden from making any remarks at all in her school’s graduation ceremony after she refused to strip references to God and Christ from her valedictory speech. Institute attorneys plan to appeal the ruling to the Montana Supreme Court.

“This is a case of pure censorship and a denial of the freedom of speech,” said John W. Whitehead, president of The Rutherford Institute. “If we don’t begin protecting the right to free speech in the schools, we are going to lose the right to speak entirely.”

Renee Griffith was a co-valedictorian of her 2008 senior class at Butt...

John W. Whitehead, TRI President, Named 2010 Recipient of Milner S. Ball Lifetime Achievement Award

Wed, 24 Feb 2010 00:00:00 GMT

ATHENS, Ga. — John W. Whitehead, president of The Rutherford Institute, has been named the 2010 recipient of the Milner S. Ball Lifetime Achievement Award for “[his] decades of difficult and important work, as well as [his] impeccable integrity in defending civil liberties for all.”

“It is with great honor that I accept the Milner S. Ball Lifetime Achievement Award for my work in public service,” stated Whitehead. “During the course of my career, I have come to find out that if you really want to find fulfillment in life, it is in helping other people. I don’t think that people are just random specks in the universe. I believe that we do have purpose and that purpose is to look after one another. That’s what we do at The Rutherford Institute.”

The award, which honors well-known professors or practitioners in public interest law, will be presented at the Working In the Public Interest (WIPI) Law Conference taking place on February 26, 2010, at the University of G...

Rutherford Institute Files Brief in U.S. Supreme Court Challenging Terrorism Law That Criminalizes Peaceful, Nonviolent Speech

Tue, 23 Feb 2010 00:00:00 GMT

WASHINGTON, DC — The U.S. Supreme Court hears oral arguments today in Holder v. Humanitarian Law Project. The Rutherford Institute and the Constitution Project filed a friend of the court brief with the Court challenging federal “material support” anti-terrorism laws that threaten to undermine the First Amendment rights of organizations and individuals to engage in free speech and free association that is lawful, peaceful, and nonviolent. Both The Rutherford Institute and the Constitution Project have worked diligently to preserve the principles of free expression placed in jeopardy by the material support bar. Both amici recognize that a balance can and must be struck between the government’s pursuit of national security and the Constitution’s protection of free speech and association.

A copy of the Institute’s brief is available here.

“In their current form, the material support law...

Rutherford Institute Urges Supreme Court to Protect Marketplace of Ideas, Restore Christian Student Group's Access to University Campus

Mon, 15 Feb 2010 00:00:00 GMT

WASHINGTON, DC --The Rutherford Institute has filed an amicus brief with the U.S. Supreme Court in Christian Legal Society v. Martinez in defense of the right of a Christian university student group to be able to freely associate with fellow believers who subscribe to their religious beliefs about sexual conduct outside of marriage.

A copy of the Institute's brief is available here.

The brief, which was filed on behalf of Christian Legal Society (CLS), a student law group at the University of California, Hastings College of Law, asks the Court to reverse a ruling by the Ninth Circuit Court of Appeals that affirms the school's decision to deny CLS access to campus as a result of membership policies that exclude homosexuals and non-Christians. At stake is whether or not, in an effort to advance universal tolerance, a religious group can be forced to abandon tenets central to ...

Rutherford Institute Files Lawsuit Challenging Virginia Department of Corrections Ban on Inmates’ Ability to Receive Christian Non-Music CDs

Thu, 04 Feb 2010 00:00:00 GMT

NORFOLK, Va. — The Rutherford Institute has filed a First Amendment lawsuit challenging a Virginia Department of Corrections directive that prohibits inmates from receiving CDs containing spoken words. The lawsuit was filed on behalf of Kyle Mabe, an inmate who was denied the right to receive a CD containing a Christian sermon. The lawsuit, which was filed with the U.S. District Court for the Eastern District of Virginia, alleges that the directive violates the rights of inmates to receive information and practice their religion under the First and Fourteenth Amendments to the Constitution and the Religious Land Use and Institutionalized Persons Act (RLUIPA).

A copy of the complaint is available here.

“Prisoners have a constitutional and statutory right to receive information,” stated John W. Whitehead, president of The Rutherford Institute. “While prison officials have a right to inspect s...

Rutherford Institute Urges Rob Bell, John Edwards to Revise Legislation to Preserve Right of Citizens & Media to Hold Government Accountable

Thu, 28 Jan 2010 00:00:00 GMT

RICHMOND, Va.--In a letter to Del. Rob Bell (R-Albemarle County) and Sen. John Edwards, (D-Roanoke), John W. Whitehead, president of The Rutherford Institute, is urging the two state representatives to take the lead in revising legislation that they sponsored (H.B. 903 and S.B. 207, respectively) which, as presently written, would restrict the right of Virginians to access crucial information about their government’s handling of public safety matters.

Copies of Whiteheads letters to Bell (click here) and Edwards (click here) are available at www.rutherford.org.

For more than a quarter century, The Rutherford Institute has advocated for the rights of citizens to self-governance and for governmental bodies to remain open and transparent so that the ideals of democracy may be served.

“Government must be accountable to the people if...

The Rutherford Institute Challenges Constitutionality of Stolen Valor Act, Files Amicus Brief in United States of America v. Strandlof

Wed, 27 Jan 2010 00:00:00 GMT

DENVER, Colo. -- The Rutherford Institute has filed an amicus brief in the United States District Court for the District of Colorado in United States of America v. Strandlof. Since its founding in 1982, The Rutherford Institute has been a champion of the First Amendment right to free and unadulterated speech. To this end, the Institute’s amicus brief in United States of America v. Strandlof is a defense of the First Amendment, which is under massive attack in our politically correct society.

The Rutherford Institute does not in any way condone Mr. Strandlof’s actions as alleged in the charges against him. However, although we may disapprove of the purported content of Mr. Strandlof’s speech, we cannot support any laws--no matter how well intended--that serve to undermine the free speech rights of Americans. The federal law being used to prosecute Mr. Strandlof is such a law. Indeed, the Stolen Valor Act is so broad that it allows prosecution of someone who ...

John W. Whitehead, President of The Rutherford Institute, to Speak at Miller Center of Public Affairs on Friday, Jan. 22

Tue, 19 Jan 2010 00:00:00 GMT

Whitehead to Speak on 'The Assault on Our Freedoms: What We Can Do to Save the Republic'

CHARLOTTESVILLE, Va. -- John W. Whitehead, president of The Rutherford Institute and author of The Change Manifesto: Join the Block by Block Movement to Remake America, will be the guest speaker at The University of Virginia's Miller Center of Public Affairs in Charlottesville, Va., on Friday, January 22, 2010, at 5:30 pm.

Mr. Whitehead will speak as part of the Miller Center Forum on "The Assault on Our Freedoms: What We Can Do to Save the Republic." Miller Center Forums are non-partisan, free, open to the public, and no reservations are required. A book signing will follow his Forum, which will be webcast live.

The University of Virginia's Miller Center of Public Affairs, following Thomas Jefferson's vision of the University's public service mission, is a leading public policy institution that serves as a national meeting place where engaged citizens...

U.S. Supreme Court Refuses to Hear Free Speech Case Over Mother's Right to Read Son's Favorite Book, the Bible, in the Classroom During Show-and-Tell

Tue, 19 Jan 2010 00:00:00 GMT

WASHINGTON, D.C. --The United States Supreme Court has announced its refusal 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 had argued that the appellate court's decision gives school officials too much discretion to discriminate against religious expression in violation of the First Amendment.

"By refusing to hear Mrs. Busch's case, the U.S. Supreme Court has endorsed 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 will be absolutely no freedom for religious people in public schools in this country."

The case began i...

Rutherford Institute Joins with Virginia Groups to Urge Governor to Restore Voting Rights of Virginians with Felony Convictions

Tue, 05 Jan 2010 00:00:00 GMT

RICHMOND, Va.--Ten Virginia civil rights and faith-based groups, including The Rutherford Institute, have sent a letter to Governor Tim Kaine urging him to issue an executive order that would restore voting rights to most or all of Virginia's 300,000 individuals who are being denied the right to vote because of a felony conviction, and to put in place a process for automatically restoring rights to others who complete their sentences in the future. A copy of the letter is available here.

The letter was signed by the following organizations: NAACP Virginia State Conference, Virginia League of Women Voters, Virginia Interfaith Center for Public Policy, Virginia Poverty Law Center, Virginia Organizing Project, STEP-UP, Incorporated, Virginia CURE, The Northern Virginia Coalition, American Civil Liberties Union of Virginia, and The Rutherford Institute. Many other Virginia organizations, including the Virginia Ca...

The Rutherford Institute Defends Second Grader Forced by School Officials to Undergo Psych Evaluation for Drawing Crucified Jesus

Wed, 16 Dec 2009 00:00:00 GMT

TAUNTON, Mass. -- The Rutherford Institute has come to the defense of the family of a second grader who was allegedly forced by school officials to undergo psychological evaluations after he drew a picture of a stick figure Jesus on the cross with X's over his eyes.

A copy of Jalen's drawing is available here.

"This is a case of overreaction by school officials," said John W. Whitehead, president of The Rutherford Institute. "Jalen's drawing was simply a reflection of something he saw at a Christmas light show. The psychological damage to this family is appalling, and it is a clear-cut violation of their constitutional rights."

On December 2, 2009, Jalen Cromwell, a second grader at Lowell M. Maxham School in Taunton, Mass., was taken to the principal's office where he was questioned without the presence of, or even notification to, his parents regarding a drawing he had made earlier that day de...

MSNBC's Keith Olbermann Names Attorney John W. Whitehead 'Worst Person in the World' for Defending Free Speech Rights of Political Protesters

Tue, 15 Dec 2009 00:00:00 GMT

CHARLOTTESVILLE, Va. -- Keith Olbermann, host of MSNBC's Countdown with Keith Olbermann, has named John W. Whitehead, president of The Rutherford Institute, the "worst person in the world" for coming to the defense of political protesters whose access to the Charlottesville offices of Congressman Tom Perriello (D-VA) has been restricted by local police.

A clip of the Olbermann "Worst Person in the World" segment is available at www.rutherford.org.

"I accept with great humility Keith Olbermann's conferring me with the 'World's Worst Person' gold award," stated John W. Whitehead, president of The Rutherford Institute. "However, I'm surprised that Rep. Perriello hasn't come to my defense. Perriello, Olbermann and others should be reminded of what Voltaire once remarked, 'I disapprove of what you say, but I will defend to the death your right to say it.' That is precisely the issue of concern when it comes to Tom Perriello's failure to facilitate the free speech...

New to Oldspeak : Nat Hentoff Talks with John W. Whitehead About Barack Obama, the danger of his health care plan and the peril of civil liberties

Fri, 11 Dec 2009 00:00:00 GMT

"I try to avoid hyperbole, but I think Obama is possibly the most dangerous and destructive president we have ever had." --Nat Hentoff

CHARLOTTESVILLE, Va. -- OldSpeak, an online publication of The Rutherford Institute, hosts an insightful discussion between Nat Hentoff, one of our nation's most respected, controversial and uncompromising writers, as well as a life-long civil libertarian, free speech activist, anti-death penalty advocate, pro-lifer and not uncommon critic of the ideological left, and John W. Whitehead, president of The Rutherford Institute, about Barack Obama, the danger of Obama's health care plan, the peril of civil liberties, and a host of other issues.

The interview, "America Under Barack Obama," is available here.

Nat Hentoff has had a life well spent, one chock full of controversy fueled by his passion for the protection of...

Rutherford Institute Urges Congressman Perriello to Relocate Offices to Accommodate Constituents' First Amendment Rights

Thu, 10 Dec 2009 00:00:00 GMT

CHARLOTTESVILLE, Va.-- In a letter to Congressman Tom Perriello, John W. Whitehead, president of The Rutherford Institute, has voiced the concern that the location of Perriello's Charlottesville office is interfering with his constituents' First Amendment rights. Whitehead has urged the congressman to relocate his headquarters, which is located in the Glass Building in downtown Charlottesville, to a location where citizens' rights to petition and demonstrate will not be squelched by private property concerns.

A copy of The Rutherford Institute's letter is available here.

"The First Amendment clearly guarantees individuals the right to speak out publicly and address their government representatives on the important issues of the day--that is, the First Amendment guarantees citizens the right 'peaceably to assemble, and to petition the government for a redress of grievances,'" said John W. Whitehe...

Rutherford Institute Asks U.S. Supreme Court to Protect Student Artistic Expression, Reverse Ban on Instrumental Performance of 'Ave Maria'

Tue, 08 Dec 2009 00:00:00 GMT

WASHINGTON, DC--Voicing the concern that arts education in the public schools is in danger of being sanitized of any art with remotely religious themes or inspiration, The Rutherford Institute has asked the U.S Supreme Court to weigh in on a case in which public school officials banned the performance of an instrumental arrangement of Franz Biebl's "Ave Maria" at a high school graduation simply because the superintendent feared it might be religious.

In asking the Supreme Court to hear the case of Nurre v. Whitehead, Institute attorneys point out that the school's ban was tantamount to an unreasonable restriction on free speech because no religious lyrics would have been included in the performance.

A copy of the Nurre petition is available here.

"Schools cannot ban performances and restrict students' right to free expression simply because they fear those...

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...

TRI: Press Release