Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: kellynla
A federal judge is expected to rule any day now on whether a high school history teacher accused of disparaging Christians in class violated the First Amendment

The only way the 1st Amendment can be violated is if Congress passes a law that has something to do with ("respecting") the establishment of religion or that restricts the free exercise of religion.

Individual citizens cannot violate the 1st Amendment as written.

The fact that the 1st Amendment has been twisted by the courts over the years to the point that it pretty much means the opposite of what it was written to mean confirms that Alexander Hamilton was correct in Federalist #84 when he warned:

I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power. They might urge with a semblance of reason, that the constitution ought not to be charged with the absurdity of providing against the abuse of an authority, which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it, was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.

5 posted on 04/26/2009 5:31:43 AM PDT by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... [Smokin' Joe])
[ Post Reply | Private Reply | To 1 | View Replies ]


To: savedbygrace
Individual citizens cannot violate the 1st Amendment as written.

As a public school teacher in a class of captive children, he is an representative of the government and as such is not an individual speaking as an private citizen in front of group of citizens assembled by their own free will.

Big difference.
14 posted on 04/26/2009 8:33:56 AM PDT by RedMonqey
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson