On The Front Lines
Rutherford Institute Files Federal Complaint Against U.S. Postmaster General for Violating Rights of Serviceman and Family
Citing Ban on Materials Contrary to Islamic Faith, U.S. Post Office Censors Religious Care PacketWASHINGTON--Attorneys for The Rutherford Institute have filed a complaint in the U.S. District Court for the District of Columbia on behalf of a U.S. serviceman and his family, whose free speech, religious and equal protection rights were violated when the serviceman's family was prohibited from sending religious materials to their son stationed overseas. Despite assurances from officials with the U.S. Post Office and Pentagon that the policy applies only to "mass mailings," no changes have been made to the written regulation, which prohibits the mailing of "any matter containing religious materials contrary to the Islamic faith or depicting nude or seminude persons, pornographic or sexual items, or non-authorized political materials." The prohibition is referenced in a March 25, 2003, press release from the U.S. Postal Service titled, "Operation Iraqi Freedom Mailing Tips."
Jack Moody of Lenoir, N.C., recently attempted to mail a package to his son, National Guardsman Daniel R. Moody, currently stationed in the Middle East as part of "Operation Iraqi Freedom." The package contained a Bible study and other Christian religious materials including a book entitled "God's Promises for Your Every Need" and various Christian comic books. Moody's son requested the materials after experiencing a rekindling of his faith in Iraq. Moody telephoned the local post office to inquire about the procedure for mailing a package to his son overseas. The postal clerk informed Moody that restrictions applied to packages mailed to members of the U.S. military stationed overseas, including a prohibition on "any matter containing religious materials contrary to the Islamic faith." Moody then contacted the postal clerk's supervisor who confirmed that he could not send the proposed materials because they violated the prohibitions. The complaint charges that the United States Postal Service regulation violates the family's rights to freely exercise their faith under the First Amendment, Fifth Amendment and Religious Freedom Restoration Act. Institute attorneys are seeking a judgment invalidating the regulation and an injunction prohibiting the postal service from enforcing it. Institute attorneys have voiced their concern that the regulation, coupled with recent reports of troops stationed overseas being ordered not to wear religious jewelry or other outward symbols of their faith, indicates a willingness to subjugate American freedoms for the sake of not offending those in the Middle East.
"Our troops need all the support they can get right now," said John W. Whitehead, president of The Rutherford Institute. "And to deny them religious materials because it might offend some intolerant despot is unthinkable."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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