Tuesday, July 18, 2006

No Lack of Case Law as it Applies to Government Employees

Is there a lack of case law on the rights of government employees with respect to the First Amendment? Mike Queen says on the Tim Brady Show this morning that there is a lack of case law. He heard it from the organization's lawyers who are offering to argue the Board's position in Sklar v Harrison County (read it here) for "free". Aside from the agenda that these organizations have, one wonders about their understanding of case law.

There is a complimentary and inverse relationship between the rights of the individual and the claimed rights of government employees acting in an official capacity. As the individual rights are enumerated in case law it implicitly limits the claimed rights (privileges) of the government employee who would otherwise interfere with the exercise of that individual's rights.

In other words, if the court says that I have a constitutional right, then it also means that you, as employed by the government, do not have a privilege to violate that right. The balance shifted. The individual's rights increased. The claimed rights of the government were diminished. So, for instance, if I have a right as a parent to provide religious guidance to my child, you, as the local government manager in a school, do not have the privilege of doing an end run around my religious preference to impose your personal view on my child.

7 Comments:

Anonymous Anonymous said...

Taking this picture down is a violation of my constitutional right
to freedom of the press. On the other hand If it was put there by a school official,I say take it down. Then It can be replaced by
the students. Then If they take that one down they damm well better clear the walls,bullitin boards,windows and doors of all the other BS hanging on them. Actually some kids worship Harry potter,some people worship cows. Who knows what might offend my kids. So Let's clear the Walls.
I say bring on the lawyers let's have some fun Gunny!!!

7/19/2006 09:28:00 AM  
Blogger Gundovald said...

Joe, I thought we were all ready having fun! But have you ever wondered, "Why the school house for the argument, fight or battle?" Why not where you work? Why not influence your employees or neighbor that you may not have spoken to in a long time? If we admit that someone wants to influence only young minds - the children of someone else, isn't that wrong? Or, at least a transgression on the right of the parent to make those decisions on religion alone without the help of a government employee?

7/19/2006 09:57:00 PM  
Anonymous Anonymous said...

Well Gunny I tell you what,if these people, the ACLU and the plaintiffs in this suit were in a situation where they, let's say were captured by a terrorist,had a terminal disease ect they would be on their knees praying for jesus to forgive them for this.Now you may say it's not about that,then what is it about? Who the hell do they think they are kidding. This suit is for personal gain.As far as trying to ban religious items from employee's
thats been tried several times and The ACLU has failed. I.E makeing rules that you can't wear a cross necklace or you can't have a picture of Jesus on your desk.Beleve me they will try anything to get attention.

7/20/2006 08:51:00 AM  
Anonymous Anonymous said...

Gunny,how the hell do you figure that a picture of Jesus would be a "transgression on the right of the parent to make those decisions on religion alone without the help of a government employee "? If a picture would do that let's hang a picture of our favorite School board President Carl Freible up there and maybe we could influence the outcome of this trial.

PS: Keep up the good work.

7/20/2006 08:58:00 AM  
Anonymous Anonymous said...

Hey Gunny,I read the actual complaint by the ACLU on your Annex. "2. The Jesus portrait has engendered conflict within the Bridgeport community for
years" come on My cousin Vinney
could win this one the ACLU doesn’t have a chance. The lawyers will have a nice Christmas though. Oh maybe I shouldn’t say Christmas? sorry.I hope you don't censor me Gunny and take down my post!!

7/20/2006 09:38:00 AM  
Blogger Gundovald said...

Joe, we must be related if we're talking about the same cousin Vinny. But tell me, what is the legal theory that the School Board could effectively use to defend itself aginst the specific complaint? I don't get it.
And I've never taken down any post. But probably will if the language is obscene and becomes offensive to other readers. Also, spam occassionaly starting to be used in comment sections. I have remeoved those.

7/20/2006 04:39:00 PM  
Anonymous Anonymous said...

are you people nuttin futz? Mike Queen exploitation of Jesus is a sin in the eyes of
God just to get elected. I guess he needed the help according to his track record in past elections. All members of the school board should be sued and removed from office for malfeasance. Its not jesus h christ or the zizag man. PORTE CRAYON

7/25/2006 12:24:00 PM  

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