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Motion filed for Philadelphia protesters
worldnetdaily.com ^ | January 13, 2005 | WorldNetDaily.com

Posted on 01/12/2005 11:48:53 PM PST by DaveTesla

TESTING THE FAITH

Motion filed for Philadelphia protesters

Christians evangelizing at homosexual event seek federal relief


Posted: January 13, 2005
1:00 a.m. Eastern


© 2005 WorldNetDaily.com

One of the attorneys for the Christian protesters who are criminally charged for evangelizing at an outdoor homosexual event in Philadelphia has renewed an appeal in federal court, citing the Supreme Court statement "Speech cannot be ... punished or banned simply because it might offend a hostile mob."

The filing by the American Family Association Center for Law and Policy seeks emergency relief in federal district court based on evidence from a December preliminary hearing.

As WorldNetDaily reported, on Oct. 10, a group of 11 Christians was "preaching God's Word" to a crowd of people attending the "OutFest" event and displaying banners with biblical messages.

After a confrontation with a group called the Pink Angels, described by protesters as "a militant mob of homosexuals," the Christians were arrested and spent a night in jail.

Eight charges were filed: criminal conspiracy, possession of instruments of crime, reckless endangerment of another person, ethnic intimidation, riot, failure to disperse, disorderly conduct and obstructing highways.

None of the Pink Angels was cited or arrested.

After a preliminary hearing in December, Judge William Austin Meehan ordered four of the Christians to stand trial on three felony and five misdemeanor charges. If convicted, they could each get a maximum of 47 years in prison. One female teenage protester faces charges in the juvenile justice system.

Last month, the federal district court denied the group's first request for emergency relief. According to a statement from the law center, the court asserted that there was no evidence showing why the city of Philadelphia would want to stifle the Christians' First Amendment rights.

In the latest filing, Brian Fahling, senior trial attorney for the AFA Center for Law and Policy, uses the words of Assistant District Attorney Charles Ehrlich from the preliminary hearing to argue the city is prosecuting the Christians simply because they find their words offensive.

At the hearing, Ehrlich characterized the Christians' preaching and signs bearing biblical quotes as "hateful, disgusting, despicable words," and as "fighting words."

Citing the Supreme Court's finding, Fahling stated: "There is no more profound an abuse of power than the government seeking to imprison individuals engaged in classic and peaceful First Amendment activity."

Though an arraignment of the four adult defendants was scheduled for yesterday, prosecutors again postponed the proceeding. The same thing happened last week when an arraignment was scheduled.

"Just as they did last week, they're not prepared," Michael Marcavage, the head of Repent America, the group that sponsored the October protest, told WND. "Last week they weren't ready, this week they're not ready, and now they're saying we have to come back again."

The government also postponed a bail hearing at which Marcavage and the other defendants had hoped to have a condition of their bail removed. That condition requires them to stay at least 100 feet away from any homosexual gathering.

Marcavage says both hearings are now scheduled for next week.

Related stories:

'Philadelphia 5' arrests like 'Christian Rodney King'

Homosexuals planned Christian harassment

17-year-old girl part of 'Philadelphia 5'

U.S. attorneys complicit in arrest of Christians?

Philadelphia accused of 'abuse of power'

Prosecutor: Bible is 'fighting words'

City will prosecute Christian protesters

'Philadelphia 11' fighting back

11 Christians arrested at homosexual event


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: afa; freespeech; incitementtoriot; marcavage; outfest; repentamerica

1 posted on 01/12/2005 11:48:53 PM PST by DaveTesla
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To: little jeremiah; EdReform; bear11


2 posted on 01/12/2005 11:49:22 PM PST by DaveTesla (You can fool some of the people some of the time......)
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To: DaveTesla
See also: http://www.freerepublic.com/focus/f-news/1315836/posts
3 posted on 01/13/2005 12:27:57 AM PST by Prime Choice (The DNC! Where boys and girls look the same! That's a little strange isn't it?)
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To: Prime Choice
Charges were dropped against 6 of the twelve leaving
5 and one juvenile.
These charges are still pending.
4 posted on 01/13/2005 12:42:08 AM PST by DaveTesla (You can fool some of the people some of the time......)
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To: DaveTesla

Says much when the guys from San Fran did the filming and
compared the arrests to a Christian Rodney King affair.
I can agree with their asessment only in so far as the
abuse of power--I still believe Rodney King was guilty
of criminal and self destructive acts that put others at
serious risk of harm-and see No similar violations on the
part of the Christians falsely arrested in Philly.
Screw Tibet-Free the Philadelphia five.


5 posted on 01/13/2005 3:23:59 AM PST by StonyBurk
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To: DaveTesla
Michael Smerconish, a big name in talk radio in the Philadelphia and New Jersey area, had Michael Marcavage from "Repent America" and one of his lawyers on his show last week on 1210AM.

Smerconish is a pretty conservative host, but on this issue he went after the Christians with abandon. He attacked them as "spinning" the story, and sided with the police and prosecutors in downtown Philly who he "knows on a professional and personal basis." (Smerconish is an attorney).

It was disappointing to say the least. Smerconish is a big GW supporter, but when it comes to matters of Christianity, he is always on the attack. On monday, he was spitting into the microphone and sighing after callers defended a court decision to not allow homosexual couples to adopt children. A man said homosexuality was against scripture, and Michael shot back with: "Come on! We can't agree on which God says this!"

6 posted on 01/13/2005 3:48:48 AM PST by SkyPilot
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To: Nightshift; Pyro7480; Hodar

ping


7 posted on 01/13/2005 3:17:00 PM PST by tutstar ( <{{--->< http://ripe4change.4-all.org Violations of Florida Statutes ongoing!)
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To: DaveTesla

Thanks for referencing the other threads!


8 posted on 01/13/2005 3:23:48 PM PST by tutstar ( <{{--->< http://ripe4change.4-all.org Violations of Florida Statutes ongoing!)
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To: DaveTesla
Action Alert - 1/7/2005

Homosexual Attorneys from Justice Department Advise Philadelphia Police On Arresting Christians

Send the email to the Department of Justice asking for an investigation of this situation.

A few days ago I wrote you about the situation in Philadelphia in which four Christians were arrested. They are charged with eight crimes, including three felonies: possession of instruments of crime (a bullhorn), ethnic intimidation (saying that homosexuality is a sin), and inciting a riot (reading from the Bible some passages relating to homosexuality) despite the fact that no riot occurred.

They face a possible 47 years in prison and fines of $90,000 each. Now we have learned more about this horrible travesty of justice.

According to WorldNetDaily, "Homosexual attorneys from the U.S. Justice Department Civil Rights Division not only attended (the) large homosexual event…but they advised police on the scene who arrested 11 Christian protesters, says a source in the agency." (Charges against some of the Christians have been dropped.)

The WorldNetDaily article went on to say that the U.S. Justice Department is "not likely to take up the cause of the five criminally charged Christians who believe Philadelphia officials violated their civil rights."

Did you catch that? The Justice Department will refuse to investigate the treatment of the arrested Christians because some homosexual attorneys from the Justice Department were advising the Philadelphia police on how to arrest the Christians!!!!

WorldNetDaily, quoting their source inside the Justice Department, said the Christians were charged with "ethic intimidation (hate crimes) 'at the recommendation of some of our (Department of Justice) attorneys who were at the march.'"

In fact, representatives from the Philadelphia legal division met with homosexual leaders prior to the event, presumably to discuss how to handle the "Christians" when they showed up at the event.

There appears to be collusion in this travesty of justice that goes to high levels of both the Justice Department and Philadelphia. A trail date will be set soon.

Would you stand with these Christians who are defending our constitutional right of free speech? We are asking you to stand with these four Christians.

One final request. Please forward this to your friends and family. And thanks for caring enough to get involved.

Your letter will be sent to R. Alexander Acosta, Assistant Attorney General at the U.S. Department of Justice.

SEND YOUR LETTER NOW!

9 posted on 01/13/2005 4:54:36 PM PST by tutstar ( <{{--->< http://ripe4change.4-all.org Violations of Florida Statutes ongoing!)
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To: SkyPilot
"We can't agree on which God says this!"

Ouch! I think Smerconish Just gave himself away.
Is he a pagen?
10 posted on 01/13/2005 8:22:45 PM PST by DaveTesla (You can fool some of the people some of the time......)
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To: DaveTesla
I think Smerconish Just gave himself away. Is he a pagen?

I think Michael Smerconish's problem is that he says he "worships the same God" as his evangelical Christian callers and guests, but to him it seems Christianity is something you do when you get married, on Easter, and Christmas morning.

It is not a commitment to Christ in your heart to him---if it was, I doubt he would discount scripture with such frivolity and make some of the comments he does.

11 posted on 01/14/2005 2:54:42 AM PST by SkyPilot
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