Tuesday, June 9, 2009

Where To Draw The Line

I read an interesting little article in the paper about Blogger Hal Turner of North Bergen, New Jersey who had been arrested after commenting on Sen. Andrew McDonald, D-Stamford and state rep. Michael Lawlor, D-East Haven and their attempts to register Catholic Churches as Lobbying groups. You'll recognize the story because I blogged about it a month or so ago. Bear with me as I post the article in question;

Hartford, CT (TRN) -- The State of Connecticut is considering a Bill forcing the Catholic Church to change itself internally and another CT agency is trying to force the Church to register as a Lobbying group!
In a direct violation of the First Amendment, Bill 1098 proposed by the co-chairmen of the Legislature's Judiciary Committee, Rep. Michael Lawlor, D-East Haven, and Sen. Andrew McDonald, D-Stamford, would reorganize the internal structure of local parishes to remove priests and bishops from financial oversight to replace them with boards of laypeople.
It turns out that Lawlor and McDonald are adamant advocates of same-sex marriage legislation and are apparently trying to punish the church for standing against their agenda.
When the Archbishop of Bridgeport found out about this effort, he wrote about it on his blog and shortly thereafter, Catholics began exercising their right to petition representatives for redress of this grievance.
Six weeks ago, 4,000 Catholics arrived at the State House to protest the Bill and that's when things got worse. The state of Connecticut didn't like having such a protest turnout, so they got another agency of government, the Office of State Ethics (OSE), to open an investigation of the church.
The Diocese of Bridgeport received a letter from OSE informing it that an investigation was underway to ascertain if the diocese had violated state law by failing to register as a lobbyist organization. investigate whether or not the Catholic Church must be forced to register as a lobbying group!
"Following the surprise introduction of Bill 1098," said Bishop William E. Lori in a statement, "a proposal that singled out Catholic parishes and would have forced them to reorganize contrary to church law and the First Amendment, our diocese responded in the most natural, spontaneous, and frankly, American, of ways: we alerted our membership – in person and through our website; we encouraged them to exercise their free speech by contacting their elected representatives; and we organized a rally at the State Capitol.
In a meeting with church representatives one month following the investigation letter, the ethics enforcement officer of the state OSE, Thomas K. Jones, told church representatives that the rally in Hartford and statements on the diocese website constituted a sufficient basis to file a complaint.
The complaint from Jones could lead to imposition of a $10,000 fine and even possible criminal charges against the diocese. Furthermore, to become a registered lobbyist, the diocese would have to comply with reporting requirements, submit to audits and wear badges at the Capitol.
In response, the Archdiocese filed a lawsuit in U.S. District Court last week contending that Jones' actions result in a direct "chilling" effect on the church's First Amendment rights.
"(Jones') application of the state lobbying laws is pressuring the (diocese), which from time to time is compelled by its faith to take stands on legislation, to tailor its communications and scale back its religious mission to avoid being treated as a 'lobbyist,'" the lawsuit states.
In a letter sent to diocese churches over the weekend to be read at services, Bishop Lori made an even stronger argument. "This new action cannot be seen as anything other than an attempt to muzzle the church and subject our right of free speech to government review and regulation," Lori wrote. "This government action tramples on the First Amendment freedoms of speech, assembly and religion, and should shock the conscience of all citizens of the Constitution State."
He concluded the letter by calling for church members to contact state legislators this week "to discuss why state lobbying laws, which are designed to protect the integrity of the legislative process and monitor and control backroom manipulation of that process, are now being used to stifle our freedoms of speech, religion, and assembly."
According to the lawsuit, Jones contends the diocese acted as a lobbyist organization in two ways: first, by listing the actual bill number of RB 1098 and second, by spending in excess of $2,000 – an amount established by Connecticut lobbying laws – to bus Catholics to the Capitol.
Carol Carson, the executive director of OSE, has declined to make comments to the press, citing the pending litigation.

Turner's comment is as follows;

This is a direct government assault upon the Catholic Church, in absolute violation of the First Amendment to the Constitution for the United States.
It is very clear to us at the Turner Radio Network that the state of Connecticut has become tyrannical and abusive. It is actively and aggressively attempting to directly interfere with the internal governance of a church and the free exercise of religion. It is retaliating against citizens for exercising their right to petition for redress of grievances. This is tyranny and it must be put down.
While filing a lawsuit is quaint and the "decent" way to handle things, we at TRN believe that being decent to a group of tyrannical scumbags is the wrong approach. It's too soft.
Thankfully, the Founding Fathers gave us the tools necessary to resolve tyranny: The Second Amendment.
TRN advocates Catholics in Connecticut take up arms and put down this tyranny by force. To that end, THIS WEDNESDAY NIGHT ON "THE HAL TURNER SHOW" we will be releasing the home addresses of the Senator and Assemblyman who introduced Bill 1098 as well as the home address of Thomas K. Jones from the OSE. After all, if they are so proud of what they're doing, they shouldn't mind if everyone knows where they live.
It is our intent to foment direct action against these individuals personally. These beastly government officials should be made an example of as a warning to others in government: Obey the Constitution or die.
If any state attorney, police department or court thinks they're going to get uppity with us about this; I suspect we have enough bullets to put them down too.The state pushed; it is about to get pushed back. Elected and other government officials sometimes need to be put in their place. They serve; they do not rule. They need to learn their place or be put there by force.

NOW, I do admit that Hal Turner's comments are harsh. Telling people to muder political figures, police officers and the like is MORALLY wrong. But was it his RIGHT under the First Amendment to say/write it?
Hartford Police Chief Michael Fallon called Turner's comments "...above and beyond the threshold of free speech."
But are they??
The First Amendment of the Constitution of the United States reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Obviously, McDonald and Lawlor are breaking the First Amendment by trying to pass a Law on a religious establishment i.e. the Catholic Church. They are also trying to prohibit the free exercise of said religion.

So, where do you draw the line on Free Speech? Where do you draw the line?

More to follow...