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Judge rules against Christians who preached to homosexuals [Philly 5 lose round in federal court]
World Net Daily ^ | February 4, 2005 | staff

Posted on 02/04/2005 2:16:58 AM PST by Boot Hill

'Philly 5' lose round in federal court,
prosecutors get away with calling
defendants' words 'hateful'



Posted: February 4, 2005
1:00 a.m. Eastern

© 2005 WorldNetDaily.com

In another blow to the "Philly 5" – the Philadelphia Christians facing possible 47 year jail terms for evangelizing at a homosexual event – a federal judge has refused a request to stop the local prosecution of the group.

Judge Petrese B. Tucker, for the second time, has refused to sanction the Philadelphia District Attorney's Office for what the Christians' attorneys say are "retaliatory criminal proceedings."

According to the American Family Association Center for Law & Policy, which is representing the Christians on the federal level, Tucker denied the request for relief last week, saying the Philly 5 had "insufficient evidence ... regarding why any of the defendants would want to stifle their First Amendment rights."

The group's attorneys had presented as evidence their clients' First Amendment rights were violated the fact that Assistant District Attorney Charles Ehrlich told an earlier court proceeding the Christians' religious speech was "hateful, disgusting, despicable words," and "fighting words."

As WorldNetDaily reported, on Oct. 10, a group of 11 Christians was "preaching God's Word" to a crowd of people attending the Philadelphia "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.

Brian Fahling is senior trial attorney for the law center.

Said Fahling in a statement: "The law requires us to show bad faith or retaliation by the D.A.'s office; we established that beyond argument with a videotape of the entire incident that shows our clients peacefully exercising their First Amendment rights, then being arrested and charged with crimes that carry a potential for 47 years imprisonment, and a district attorney's office that retaliated against them because it hates their speech.

"It is difficult to conceive of more compelling evidence of bad faith and retaliation than what we have presented to the court in this case."

Fahling colleague Michael DePrimo added: "There has never been a stronger case for federal court intervention based upon allegations of bad faith and retaliation than [the Philly 5] presented to Judge Tucker. … Prior to taking the bench, Judge Tucker was an assistant district attorney for Philadelphia for eight years; she is undoubtedly aware that peaceful expression of First Amendment rights is not criminal."

The next hearing date scheduled for the Christians is Feb. 17, when the court will consider their motion to dismiss the case. Seventeen-year-old Lauren Murch's trial date is Feb. 18.


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: Pennsylvania
KEYWORDS: aclulist; banglist; christianpersecution; christians; donutwatch; freedomofreligion; freespeech; govwatch; homosexualagenda; homosexuals; outfest; philly5; pinkangels
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Oh, the irony...
That such would happen in the state founded by William Penn, who made history in 1670 when he was tried in England on nearly identical charges, stemming from his preaching his religious beliefs in public. Here we are 335 years later and the heirs of William Penn's legacy of liberty haven't learned a damned thing about freedom of speech, freedom of religion and the unalienable rights of man.
1 posted on 02/04/2005 2:16:59 AM PST by Boot Hill
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To: Boot Hill

Bump.


2 posted on 02/04/2005 2:23:05 AM PST by FreedomPoster
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To: Boot Hill
The only speech that's hateful and divisive is conservative speech. But seething, raging hate of President Bush and Republicans is protected expression. Go figure.

Denny Crane: "There are two places to find the truth. First God and then Fox News."

3 posted on 02/04/2005 2:24:16 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Boot Hill
Oh, the irony... That such would happen in the state founded by William Penn, who made history in 1670 when he was tried in England on nearly identical charges, stemming from his preaching his religious beliefs in public. Here we are 335 years later and the heirs of William Penn's legacy of liberty haven't learned a damned thing about freedom of speech, freedom of religion and the unalienable rights of man.

Isn't that why Penn left the colony and went and established Rhode Island?

4 posted on 02/04/2005 2:37:29 AM PST by fortheDeclaration
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To: All
Jesus said: "And he answered and said unto them, Have ye not read that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore, they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder." -from THE BIBLE: Matthew 19:4-6

CWFA.org - CONCERNED WOMEN FOR AMERICA: "TOP 10 REASONS TO SUPPORT THE MARRIAGE AFFIRMATION AND PROTECTION AMENDMENT" (Read More...)

CLICK HERE

International Healing Foundation

5 posted on 02/04/2005 2:43:30 AM PST by Cindy
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To: american colleen; Lady In Blue; Salvation; narses; SMEDLEYBUTLER; redhead; Notwithstanding; ...
Charles Ehrlich told an earlier court proceeding the Christians' religious speech was "hateful, disgusting, despicable words," and "fighting words."

Catholic Ping - please freepmail me if you want on/off this list


6 posted on 02/04/2005 2:45:33 AM PST by NYer ("The Eastern Churches are the Treasures of the Catholic Church" - Pope John XXIII)
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To: scripter; little jeremiah

Ping!


7 posted on 02/04/2005 2:46:47 AM PST by NYer ("The Eastern Churches are the Treasures of the Catholic Church" - Pope John XXIII)
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To: Boot Hill; archy

When these people are sent to prison for exercising their 1st Amendment rights, the Second Civil War begins. Bet on it.


8 posted on 02/04/2005 2:48:32 AM PST by clee1 (Islam is a deadly plague; liberalism is the AIDS virus that prevents us from defending ourselves.)
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To: fortheDeclaration
"Isn't that why Penn left the colony and went and established Rhode Island?"

The trial of William Penn occurred before he left England for America and the colony named after him.

--Boot Hill

9 posted on 02/04/2005 2:54:48 AM PST by Boot Hill (How do you verbalize a noun?)
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To: Boot Hill

bump


10 posted on 02/04/2005 2:55:44 AM PST by freepatriot32 (Jacques Chirac and Kofi Annan, a pantomime horse in which both men are playing the rear end. M.Steyn)
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To: Annie03; AntiBurr; Baby Bear; BJClinton; BlackbirdSST; BroncosFan; Capitalism2003; dAnconia; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.
11 posted on 02/04/2005 3:05:02 AM PST by freepatriot32 (Jacques Chirac and Kofi Annan, a pantomime horse in which both men are playing the rear end. M.Steyn)
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To: Boot Hill

Actually, I had Penn confused with Roger Williams.


12 posted on 02/04/2005 3:06:11 AM PST by fortheDeclaration
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To: farmfriend

ping


13 posted on 02/04/2005 3:06:11 AM PST by freepatriot32 (Jacques Chirac and Kofi Annan, a pantomime horse in which both men are playing the rear end. M.Steyn)
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To: Boot Hill
ok..tin foil hat time...let's say they find the philly 5 guilty...is this setting a precedent for arresting and prosecuting any anti-(fill in the blank) protesters? Will the Bush administration use this to throw MM's ass in jail??....throw the anti-war protesters and any dissenters in jail???
14 posted on 02/04/2005 3:09:45 AM PST by Getsmart64 (..)
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To: Getsmart64
"let's say they find the philly 5 guilty...is this setting a precedent for arresting and prosecuting any anti-(fill in the blank) protesters?"

I don't believe they'll be found guilty, but if they are found guilty, I believe that it will become open season on other Christians exercising similar beliefs in public, resulting in an angry backlash, that will ultimately aid the cause the Philly 5.

--Boot Hill

15 posted on 02/04/2005 3:20:51 AM PST by Boot Hill (How do you verbalize a noun?)
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To: Getsmart64

Sadly...this will likely rise to a higher court or even make it to the Supreme Court. With this in mind, Judiciary appoinments should be focussed in HIGH RESOLUTION......


16 posted on 02/04/2005 3:37:24 AM PST by cbkaty
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To: Boot Hill
What a scary scenario.
I have been on mission day-trips to Provincetown (the San Fran of the East Coast) to minister to the homosexuals there (speaking the truth with love).
Maybe this summer I get arrested?
17 posted on 02/04/2005 3:44:26 AM PST by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: Boot Hill

" resulting in an angry backlash,"

It's going to be huge. (hugh)


18 posted on 02/04/2005 3:48:58 AM PST by Rebelbase (Who is General Chat?)
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To: Boot Hill
It's a sad day when these people can face jail time for excersizing thier 1st Amendment rights.
Furthermore it's a sign of the end times when you are persecuted for being a Christian and speaking your beliefs.
19 posted on 02/04/2005 3:51:24 AM PST by armyman (I'm may not agree with what you say, but I will sacrifice everything to defend your right to say it.)
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To: Boot Hill

This is sick. And if the Republicans cave on the judges, I'm going to be angry.


20 posted on 02/04/2005 3:58:58 AM PST by Colorado Buckeye (It's the culture stupid!)
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