5 - 4


I have written several times about creeping freedom loss in our society. Baby-step by baby-step, we have acquiesced to the do-gooders of the world who use the guise of “reform” to stifle our freedom and hinder our ability to educate our children. Today, the Supreme Court of the United States struck a blow for freedom, and proved that our checks and balance system works...eventually.

In a 5-4 decision, the Supremes reigned in the McCain Feingold Campaign Reform Act. Already upheld as constitutional in a previous decision, the Bush/Roberts court finally called it for what it is, censorship. A long time ago, Russ Feingold, one of the most liberal members of the Senate, decided he didn’t want Right to Life advocates running campaign ads against him in his re-election bid. Claiming campaign reform prohibiting “big” money from "contaminating" elections and "destroying" democracy, he and John McCain sponsored the “incumbent protection act”, which outlawed individual and/or group sponsored campaign ads 60 days before an election. Justice Roberts said that issue ads, such as those that the Right to Life groups wanted to run, did not fall under the auspices of the act, and that if there is a doubt as to the nature of the ad, the doubt should fall on the side of expression rather than censorship. While it didn’t declare the offensive provision in the McCain Feigold Act unconstitutional, in concurring opinions, three of the justices did, and together with Justice Roberts and Justice Alito, placed a major dent in what I think is the most unconstitutional piece of legislation ever to come out of Congress. This is a victory for all who wish to be heard, including the NRA, labor unions, right to life groups, pro-choice advocates, the ACLU, gay activists, evangelical Christians and anyone else who cares to raise their voice in our democratic chorus...God Bless America!!!!!

In a 5-4 decision, the Supremes stated that faith based community initiatives are not second class organizations, and the government may invite them to compete for government grants used to fund such services along with non-faith based organizations. This is a small step to finally move people of faith out of the dungeon of liberalism and back into respectable main stream America as far as benefits available from our government. Atheism is a religion as much as any that is out there. Belief in God, or the lack thereof, should not be criteria in determining who gets what benefit or grant from our government. If a faith based initiative can provide a worthy and needed service, the fact that God is a component of its program should not preclude it from asking the government for assistance in implementing it.

In a 6 -3 decision, the Supremes logically continued its long held position that free speech does not necessarily follow a student into the schools. At a school sponsored event to watch the passing of the Olympic torch on a public street in Juneau, Alaska, a group of students unfurled a banner which read “Bong Hits 4 Jesus”. Bong is a drug term for drug paraphernalia. The school suspended the 18 year old senior instigator for 10 days for displaying a sign which promotes the use of drugs. The offender claimed that because he was standing on a public street and not on school property, that the suspension violated his free speech rights. The court ruled that it was a school sponsored event, and its authority to safeguard the welfare of all students extended to non-school property during the event. Who’d have thought? 9th Circuit Court of Appeals (San Francisco) overturned again.

The above three decisions, along with a 4th issued today relating to reigning in environmental whackos opposing state licenses to developers (also a 5-4 decision overturning the 9th Circuit Court of Appeals) shows that the Bush Administration did carry out one of its most important campaign promises, restoring sanity to the United State Supreme Court. In one day, in four 5-4 decisions, the Roberts’ Court reaffirmed freedom of speech opposing those who would silence it during elections. It provided for security in our schools so those attending are free to learn. It stood up for private property rights which are the bedrock of our economic system. And it put those who believe in God on equal footing with those members of the intellectual class who would attempt to deny government access to those who do.

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