First-Amendment Inclusiveness

The same First Amendment which guarantees freedom of expression and freedom of speech, also puts a qualifier on it as “the right of the people peaceably to assemble”. At first blush those words are taken to mean that citizens have the right to congregate, whether that be to exercise the First-Amendment freedoms or to seek government redress of grievances; however, those words could just as easily be read to condition all First-Amendment freedoms upon a righteous purpose Continue Reading

Marsh v. Alabama, 326 U.S. 501 (1946)

Marsh v. Alabama is a remarkable decision in which a Jehova’s witness attempted to distribute literature in a township operated by a private company. She was arrested and charged with trespass. The Supreme Court reasoned that even though the township existed within the property rights of a private company, “[o]wnership does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it.” The U.S. Supreme Court reversed Alabama on First Amendment grounds and vacated Marsh’s state conviction. Supreme Court opinions from the era are notably concise and this one is definitely worth the read.  Marsh v. Alabama

A Pentecostal First Amendment Objection

I am not saying that face coverings should be worn nor am I saying that face coverings should not be worn; I am saying that governments must not compel it. You see, while I am a stalwart libertarian, I am also a pentecostal Christian. I contend that such mandates go against my sincere religious beliefs.Continue Reading

The American President ACLU Rant

For the record, yes, I am a card-carrying member of the ACLU, but the more important question is “Why aren’t you, Bob?” Now this is an organization whose sole purpose is to defend the Bill of Rights, so it naturally begs the question, why would a senator, his party’s most powerful spokesman and a candidate for President, choose to reject upholding the constitution? Now if you can answer that question, folks, then you’re smarter than I am, because I didn’t understand it until a few hours ago.Continue Reading