fearlessly proclaiming the truth & the other truth! voice of the teknoshamanic institute
Now You Gonna Tell Me Theyre Anti-Religion???
Published on December 7, 2004 By kingbee In Religion

even tho the aclu is derided by the close-minded as a group of leftist athiest kooks out to destroy christianity and deprive everyone of rights (that frequently turn out not to have been rights at all), the aclu stood up for a far-rightwing church in a valiant attempt to prevent the city of new york from infringing on the first amendment rights of its members.  

the activist federal new york judge (one of the worst of that whole genre) who originally heard the case, ruled against the congregation.

the us 2nd district appeals court rejected their argument opining: "While the 1st Amendment protects the rights of citizens to express their viewpoints, however unpopular … the individual's rights to speech must always be balanced against the state's interest in safety and its right to regulate conduct that it legitimately considers potentially dangerous."

undaunted, the plaintiff church--represented by the hard-charging aclu--battled their oppression all the way to the highest court in the land where it argued thusly:

"Even the most reviled members of our society are entitled to the fair and evenhanded application of the law."

the justices, acting unanimously, didn't agree.  the la times (12/7/04)  described what happened next:  

"in a one-line order, the high court turned away the case of Church of the American Knights of the Ku Klux Klan vs. Kelly."  

(the case was sparked by authorities enforcing a new york city anti-loitering ordinance law makes it illegal for people to "congregate in a public place … being masked or in any manner disguised by unusual or unnatural attire." The ordinance exempts a "masquerade party or like entertainment." church members believed they hadda right to wear their hoods. )

in a totally non-related case, the supreme court also upheld the right of the san diego police department to fire an officer who had been selling--on ebay--police uniforms and explicit videos of himself masturbating in which the uniform could be seen.  altho the cop's appeal of the intial ruling in federal court was overturned by the 9th circuit court of appeals on the basis that he was free to express himself as long as it didnt interfere with his employment, the surpreme court apparently felt the city was also on the receiving end of a stroke job.

once again, the la times had the hot scoop (ahahahaha so to speak):

"There is no difficulty in concluding that Roe's expression does not qualify as a matter of public concern," the justices said in City of San Diego vs. Roe. "The debased parody of an officer performing indecent acts … was detrimental to the mission and functions of the employer."

"We have little difficulty in concluding that the city was not barred from terminating Roe," the court concluded


Comments
on Dec 08, 2004

hmmm just as i thought.  it aint that the aclu isnt defending everyone's rights.  it's that those who are constantly goin on bout the lefty and athiestic aclu dont wanna acknowledge it when the aclu lawyers defend the rights of a church or other unpopular entity.

i accidentally deleted the message from which you pulled the quote...and musta done it just as you were posting your comment cuz it wasnt there when the javascript took over. 

It has nothing to do with loitering, obviously, and everything to do with the identification and subsequent surveillance of the membership,. which also tramples their rights to privacy.

of course. which is why i made sure the first amendment right was the issue in the title.  the fact this is a church just adds another degree of difficulty.  it certainly seems a church shouldnt be constrained in its choice of ritual vestments--altho perhaps if they were to regroup as a convent, it would work to their benefit. ii believe there are orders in which the nuns' faces are covered. 

while 'the convent of american knights of the ku kux klan' doesnt really cut it, 'order of protectors of the little pure white flower of southern womanhood sounds kinda semi-, quasi-, pseudo-authentically sacrosanct no?   

on Dec 08, 2004

LEFTY ACLU LOVES THE KLAN TOO

on one hand, it would balance off another article that appeared yesterday claiming republicans werent the only homophobes.   but i still think 'church' is an essential element of the case and the article.  if nothing else than to remind people that the aclu is there for churches...and has been allalong.  i guess incense or holy water must be detrimental to the memory i can almost promise you there'll be another spurious rant in ju within the next week or two, painting the union as anti-relgious.

on Dec 08, 2004

there are those who would argue that any branch of the KKK aint really a 'church' at all, right?


to paraphrase buffie ste marie's 'he's a pretty good man'


they may not have a fancy rectory
with their names upon the door.
but they gotta cross..until its burnt
can an appellate bench ask for more?

"The Knights of the White Camillia."


oh hell i musta been really tired or i woulda seen the stain on the sheet much more quickly.


  aint no activist judge nowhere with a pov so skewed--not even episcopalian judges for chrissake or, if you wanna really go to the wall, justice thomas-- gonna buy a convent fulla nuns callin themselves 'knights'   

but a monastery is a whole other font of holy water. 

everybody done heard of the knights-templars.  admittedly noone seems to know much more about them than they gotta cool name, but they were as least as cloistered as the blue nun or sister bertrille.


furthermore hoods are a time-honored monk-tested, monk-preferred fashion statement.  1900 years of tradition is surely enough to invalidate a mere ordinance, if not a full-on amended blue-state statute!