Skip to main content

More Related Articles

Filter by Year:

  
June 22, 2015

The U.S. Supreme Court has handed down three consecutive rulings affirming the right of Americans to be free from government overreach. The Rutherford Institute advanced arguments in all three cases, which respectively deal with the use of tasers and excessive force by prison officials (Kingsley v. Hendrickson); the practice of police gaining unfettered access to motel and hotel guest registries (City of Los Angeles v. Patel); and the government’s confiscation of agricultural crops without any guarantee or promise of payment (Horne v. U.S. Department of Agriculture).

June 19, 2015

The Rutherford Institute is challenging a federal statute that allows the government to reject trademark applications for names that might be offensive to certain persons or groups. In coming to the defense of “The Slants,” an Asian-American dance rock band whose trademark application was denied by the U.S. Patent and Trademark Office (PTO) on the grounds that the trademark might disparage or offend persons of Asian heritage (even though the applicant himself is of Asian heritage), Rutherford Institute attorneys argue that the statute openly discriminates against speech on the basis of content and viewpoint, violating the most fundamental constitutional guarantees to freedom of expression.

June 18, 2015

Delivering a sharp blow to the First Amendment, a 5-4 U.S. Supreme Court has declared specialty license plates to be “government speech” and not private speech and, thus, subject to censorship by government officials. The Rutherford Institute warns that the ruling could set a dangerous precedent, paving the way for the government to censor private speech whenever it occurs in a public or government forum. At issue in Walker v. Texas Division, Sons of Confederate Veterans, Inc., was whether Texas officials violated the First Amendment when they denied a Civil War heritage group’s request for a specialty plate bearing the Confederate battle flag, allegedly because the Department of Motor Vehicles was concerned some people would be offended by the Confederate flag.

June 05, 2015

Under a settlement agreement negotiated by attorneys for The Rutherford Institute, an Illinois community college will allow two social activists previously banned from the college to hand out what might be perceived as “politically incorrect” informational flyers on campus. The settlement was reached after a federal court ruled that Waubonsee Community College (WCC) likely violated the First Amendment by excluding Wayne Lela and John McCartney from campus on the basis of the content of their leaflets for the organization Heterosexuals Organized for a Moral Environment. WCC deemed the speech not “consistent with the philosophy, goals and mission of the college.” WCC has agreed to allow Lela and McCartney to hand out leaflets near entrances to the college’s student center on various occasions over the next 10 years.

June 01, 2015

Calling the expiration of Section 215 of the Patriot Act, cited as the legal authority for the National Security Agency’s (NSA) domestic surveillance program, an historic opportunity to not only end the government’s unconstitutional practice but rein in the NSA, The Rutherford Institute is cautioning the United States Senate against adopting the proposed USA FREEDOM Act as a legislative solution because it could do more damage than good.

June 01, 2015

Ruling in a case that will significantly impact expression on Facebook, Twitter and other social networks, a near-unanimous U.S. Supreme Court declared in Anthony D. Elonis v. United States of America that threats made over the Internet are protected unless they are malevolent or reckless. In weighing in on the case, The Rutherford Institute had argued that the First Amendment protects even inflammatory statements that may give offense or cause concern to others unless the statements were a credible threat to engage in violence against another and made by the defendant with the intent to cause fear in the alleged victim.

May 28, 2015

Constitutional attorney John W. Whitehead will be appearing at BookExpo America, the leading publishing showcase for North America, on Thursday, May 28, 2015, to showcase his new book, Battlefield America: The War on the American People (SelectBooks, 2015).

May 21, 2015

Constitutional attorney John W. Whitehead will appear in “The Root: Excessive Force,” a special documentary hosted by Glenn Beck about what happens to civil liberties when the government favors police state tactics such as lockdowns, SWAT team raids, and mass surveillance.  “The Root: Excessive Force” will air at 5 pm EST on May 21, 2015, TheBlazeTV. The airing of the documentary coincides with the Obama administration’s release of a 120-page “Task Force on 21st Century Policing” report and the announcement that the president will limit some of the military weapons being passed along to local police departments.

May 18, 2015

Months after the White House defended a federal program that distributed $18 billion worth of military equipment to local police, President Obama has now announced that he will ban the federal government from providing local police departments with tracked armored vehicles, weaponized aircraft and vehicles, bayonets, grenade launchers, camouflage uniforms and large-caliber firearms. Obama also indicated that less heavy-duty equipment (armored vehicles, tactical vehicles, riot gear and specialized firearms and ammunition) will reportedly be subject to more regulations such as local government approval, and police being required to undergo more training and collect data on the equipment’s use.

May 08, 2015

A federal court has granted qualified immunity to police officers who wrongfully arrested, strip searched, handcuffed to a table, diagnosed as having “mental health issues,” and subsequently locked up a disabled man for five days in a mental health facility against his will and with no access to family and friends, apparently because of his slurred speech and unsteady gait.

May 07, 2015

Describing the National Security Agency’s (NSA) domestic spying program that collects data about virtually all telephone calls made in the United States as “staggering” in its scope and unauthorized by the Patriot Act, a federal appeals court has struck down the agency’s surveillance program, ruling that the program violates a federal law authorizing more limited investigations in support of national security.

May 04, 2015

The City of Harrisonburg, Virginia, has rescinded a threat made by zoning officials to levy criminal charges at a local church over its display of pro-life messages on private property. The city’s reversal came after attorneys for The Rutherford Institute intervened on behalf of Valley Church of Christ, which had been ordered to take down signs on its property that quote Mother Teresa and the Bible on the sanctity of human life.

April 29, 2015

A federal appeals court has refused to reinstate the lawsuit of decorated Marine Brandon Raub who was seized by a swarm of Secret Service, FBI and local police officials and involuntarily committed for a week because of controversial song lyrics and political views he posted on his Facebook page.

April 21, 2015

Rejecting the idea that some violations of the Constitution are insignificant, the U.S. Supreme Court ruled today that police may not extend the time needed to conduct an ordinary traffic stop in order to subject the vehicle and its occupants to an examination by a drug-detecting dog unless they have specific reasons to suspect the car is carrying contraband.

April 14, 2015

Battlefield America: The War on the American People (SelectBooks, 2015), constitutional attorney John W. Whitehead’s chilling follow-up to his award-winning 2013 book A Government of Wolves: The Emerging American Police State, hits bookstores today.

April 09, 2015

Constitutional attorney John W. Whitehead will appear on a special broadcast of “Glenn Beck Live” on April 9, 2015, to debut his forthcoming book Battlefield America: The War on the American People (due out on April 14) and discuss the constitutional crisis plaguing the nation.

March 30, 2015

The U.S. Supreme Court has refused to hear a case in which California public school students were prohibited from wearing American flag t-shirts to school, allegedly out of a fear that it might be disruptive. In refusing to hear the appeal without giving any reason for the decision, the Supreme Court lets stand a lower court ruling that upheld the ban out a concern for school safety.

March 25, 2015

Noting that botched executions have become a hallmark of many state and federal executions, The Rutherford Institute has asked the U.S. Supreme Court to declare unconstitutional those laws and policies which allow government officials to keep lethal injection protocols for death row executions shrouded in secrecy, thereby giving rise to torturous executions in violation of the Eighth Amendment’s ban on cruel and unusual punishments.

March 17, 2015

In a resounding victory for The Rutherford Institute’s efforts to combat a climate of political correctness, especially as it relates to First Amendment activity, the Supreme Court of New Jersey has unanimously held that a provision of the state’s “hate crime” statute is unconstitutional, agreeing that the law was unduly vague in violation of fundamental due process.

March 12, 2015

Rejecting claims that student “hecklers” can silence patriotic speech, The Rutherford Institute has asked the U.S. Supreme Court to review and reverse a lower court ruling that declared it unsafe for California public school students to wear American flag t-shirts to school.

Copyright 2025 © The Rutherford Institute • Post Office Box 7482 • Charlottesville, VA 22906-7482 (434) 978-3888
The Rutherford Institute is a registered 501(c)(3) organization. All donations are fully deductible as a charitable contribution.