Tag: first amendment

Thomas Jefferson on the Importance of a Free Press (UPDATED with Trump’s Jefferson Quote)

Yesterday, President Donald Trump called the media (singling out the New York Times, CNN, ABC, CBS and NBC) the “enemy of the American people.”


Trump’s barrage of animosity toward the press reminded me of the Sedition Act of 1798. I hope we do not go back to that dark day.
Thomas Jefferson was a staunch critic of the Sedition Act. Jefferson believed a free press was essential to republican government. In light of Donald Trump’s attacks on the press, I believe we should consider Jefferson’s thoughts on a free and independent press.

In a letter to James Currie in 1786, Jefferson complained that John Jay had been treated unfairly by the “public papers.” However, instead of calling the press the enemy of the people, Jefferson said:

In truth it is afflicting that a man [John Jay] who has past his life in serving the public, who has served them in every the highest stations with universal approbation, and with a purity of conduct which has silenced even party opprobrium, who tho’ poor has never permitted himself to make a shilling in the public employ, should yet be liable to have his peace of mind so much disturbed by any individual who shall think proper to arraign him in a newspaper. It is however an evil for which there is no remedy. Our liberty depends on the freedom of the press, and that cannot be limited without being lost. To the sacrifice, of time, labor, fortune, a public servant must count upon adding that of peace of mind and even reputation. (emphasis added)

Even though Jefferson believed the papers to be wrong, he asserted that the liberty of the nation depends on the freedom of the press without limitation.

Three years later, Jefferson wrote to Edward Carrington from Paris with a similar sentiment.

The people are the only censors of their governors: and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely would be to suppress the only safeguard of the public liberty. The way to prevent these irregular interpositions of the people is to give them full information of their affairs thro’ the channel of the public papers, & to contrive that those papers should penetrate the whole mass of the people. The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers & be capable of reading them. (emphasis added)

Jefferson was aware that the newspapers were sometimes wrong and he became exasperated with the press at times. However, he was sure that the liberty of the people depended on a free, if imperfect, press.

To Elbridge Gerry in 1799, Jefferson wrote:

I am for freedom of religion, & against all maneuvres to bring about a legal ascendancy of one sect over another: for freedom of the press, & against all violations of the constitution to silence by force & not by reason the complaints or criticisms, just or unjust, of our citizens against the conduct of their agents.

Jefferson himself was the subject of just and unjust criticism and yet he did not start a war with the press.

Jefferson maintained this view through his old age. To Marquis de Lafayette, Jefferson wrote in 1823:

Two dislocated wrists and crippled fingers have rendered writing so slow and laborious as to oblige me to withdraw from nearly all correspondence. not however from yours, while I can make a stroke with a pen. we have gone thro’ too many trying scenes together to forget the sympathies and affections they nourished. your trials have indeed been long and severe. when they will end is yet unknown, but where they will end cannot be doubted. alliances holy or hellish, may be formed and retard the epoch deliverance, may swell the rivers of blood which are yet to flow, but their own will close the scene, and leave to mankind the right of self government. I trust that Spain will prove that a nation cannot be conquered which determines not to be so. and that her success will be the turning of the tide of liberty, no more to be arrested by human efforts. whether the state of society in Europe can bear a republican government, I doubted, you know, when with you, a I do now. a hereditary chief strictly limited, the right of war vested in the legislative body, a rigid economy of the public contributions, and absolute interdiction of all useless expences, will go far towards keeping the government honest and unoppressive. but the only security of all is in a free press. the force of public opinion cannot be resisted, when permitted freely to be expressed. the agitation it produces must be submitted to. it is necessary to keep the waters pure. we are all, for example in agitation even in our peaceful country. for in peace as well as in war the mind must be kept in motion. (emphasis added).

Finally, Jefferson recognized that a free press provided information that some governments would deliberately keep from the people. We must have a free press to help provide a check on governmental power. To Charles Yancey in 1816, Jefferson wrote:

if a nation expects to be ignorant & free, in a state of civilisation, it expects what never was & never will be. the functionaries of every government have propensities to command at will the liberty & property of their constituents. there is no safe deposit for these but with the people themselves; nor can they be safe with them without information. where the press is free and every man able to read, all is safe. (emphasis added).

Although Jefferson was not a perfect man, he articulated natural rights as well as any Founder. A free press is a surely a right under the Constitution and it is a necessity for a free people. Trump’s assault on the media is unpatriotic and certainly unJeffersonian. Even when Jefferson disagreed with the press (and he often did), he was a statesman and patriot in his response to it. Today, we are in great need for statesmen and stateswomen to stand up for a free press.

UPDATE: During a rally in Florida today, Donald Trump quoted Jefferson as a critic of newspapers:

They have their own agenda and their agenda is not your agenda. In fact, Thomas Jefferson said, “nothing can be believed which is seen in a newspaper.” “Truth itself,” he said, “becomes suspicious by being put into that polluted vehicle,” that was June 14, my birthday, 1807. But despite all their lies, misrepresentations, and false stories, they could not defeat us in the primaries, and they could not defeat us in the general election, and we will continue to expose them for what they are, and most importantly, we will continue to win, win, win.

Trump pulled this quote from an 1807 letter to John Norvell. Indeed, Jefferson had many negative things to say about the press. However, he also said all of the things I quoted above. Trump only told his audience half of the story. Newspapers were more politically biased in Jefferson’s day than now and yet he defended the need for an independent press as a crucial means of protecting our liberties. Let’s recall that Jefferson’s harsh criticism came in private letters; Trump’s venom is delivered daily via Twitter. If Trump wants to be Jeffersonian, he must stop his public war on the press.

Ted Cruz's Religious Liberty Guidelines Target Gays and Miss the Mark

Awhile back, Ted Cruz formed a committee to advise him on religious liberty issues. However, looking at their initial recommendations released yesterday, it appears the committee had a dual role — religious liberty and discrimination against GLBT folk.  Here is the press release from the Cruz campaign:
cruz logo

FOR IMMEDIATE RELEASE Alice Stewart, (202) 365-5654
News Release Catherine Frazier, (512) 751-5984
March 24, 2016
 Cruz Welcomes Initial Religious Liberty Recommendations from Advisory Council  
Cruz: “As We Celebrate Spiritual Freedom During Easter, We Remember that Religious Liberty is the First American Freedom”
HOUSTON, Texas – Presidential Candidate Ted Cruz today received initial recommendations from his Religious Liberty Advisory Council, formed last month to advise his campaign and future administration on policies to defend religious liberty domestically and internationally.
“During this Holy Week, as Christians prepare to celebrate spiritual freedom in Christ, we remember also that religious liberty is the first American freedom,” said Cruz. “I thank this learned and committed group of leaders for their wise recommendations, and as president I will be proud to work with them to protect our religious liberty. Defending religious liberty has been a lifelong passion, and I’ve been blessed to help win national victories, preserving the Texas Ten Commandments monument, the words ‘under God’ in the Pledge of Allegiance, and the Mojave Desert Veterans Memorial.”
The recommendations comprise 15 initial actions, both legislative and executive, to emphasize and bolster the freedom of religion in the United States. Included are the following proposals:

  • Issue an executive order preventing the federal government from discriminating against Americans who believe that marriage is a sacrament between one man and one woman.
  • Reinstate thorough and protective conscience rights protections in federal healthcare programs.
  • Direct the Department of Health and Human Services to exempt all employers who object for moral and religious reasons from any contraception mandate.
  • Update and revise military regulations to reflect a robust constitutional understanding of the first amendment rights of military personnel, particularly chaplains.
  • Pass the First Amendment Defense Act “to prevent discriminatory treatment of any person on the basis of views held with respect to marriage.”
  • Direct the IRS to publicly clarify the generous rights of non-profits and religious leaders to engage in political speech without compromising their tax-exempt status.
  • Rescind executive orders which limit the government from partnering with faith-based non-profit organizations.
  • Order the Department of Education to issue guidelines which accurately address the rights of students, teachers, and other school personnel to live out their faith in a school setting.

“Our constitutional liberties should not be subject to the whims of the current administration,” Cruz continued. “Whether Hobby Lobby or the Little Sisters of the Poor, people of faith should not be made to bow down at the altar of political correctness. As president, I have pledged on my first day in office to rescind every single one of President Obama’s unconstitutional executive actions, and to direct every federal agency to respect and protect the religious liberty of every American.”
Yesterday, oral arguments were presented before the Supreme Court in the religious liberty case Zubik vs. Burwell, which includes the appeals of Little Sisters of the Poor and Priests for Life for their right to serve the needy without suffering conscience violations from government. As Cruz has often said, “Mr. President, if you’re litigating against nuns, you’re probably doing something wrong.”
More than 46,000 Americans have joined the campaign’s Faith and Religious Liberty coalition.
###

The 15 initial actions provide a few more specifics. These two seem to have nothing to do with religious liberty and everything to do with discriminating against gays.

Rescind Executive Order 13672, which had (without adequate religious exemptions) required certain federal contractors to not discriminate on the basis of sexual orientation and gender identity. In the alternative, create significantly larger and robust exemptions for religious organizations and businesses falling under the authority of Executive Order 13672.
 
Direct all federal agencies to stop interpreting “sex” to include “sexual orientation” and/or“gender identity” where the term “sex” refers to a protected class in federal law. Prioritize this effort at the Equal Employment Opportunity Commission, Department of Education,Department of Health and Human Services, and Department of Housing and Urban Development.

It is hard to imagine how requiring government contractors to be fair to gays infringes on anyone’s religious liberty. Contractors should not be allowed to fire a gay person simply for being gay. Cruz and company have singled out gays as the only group who can be discriminated against under these recommendations.
These recommendations are inconsistent with Ronald Reagan’s beliefs about discrimination and gays. Reagan opposed job discrimination against gays and as California governor opposed a ballot initiative which would have forbid gays from becoming teachers.
I generally favor an expanded ability of healthcare providers to decline to participate in procedures which violate their conscience.
An interesting effect of some of these planks, if implemented in an unbiased manner, is that all adherents of all religions would be freer to proselytize on the job or in the military. Chaplains have been limited from proselytizing by military guidelines. Christian chaplains have complained that they can’t share the Gospel. However, these guidelines also keep non-Christian chaplains from trying to convert Christians. Cruz’s team would open things up for lots of efforts to convert soldiers to various faiths. Personally, I prefer restrictions on workplace “soul winning” as helping to prevent religious coercion from superiors.
On the whole these guidelines target gays and would create more opportunities for religious coercion on the job.
 

Donald Trump Calls for Ban on Muslim Travel to the U.S.

From Donald Trump's Twitter page.
From Donald Trump’s Twitter page.

Well, of course he did
Southern Baptist leader Russell Moore is all over it and calls Christians to condemn the idea. I agree the idea should be condemned, but in fact, it would never happen. One doesn’t have to be an expert to know the Constitution would never allow it.
Trump is good at exploiting fear. He probably hopes fear of Muslim terrorism will make him seem like a savior. However, fear can work against him. Many people who value the First Amendment are afraid that a Trump presidency will be a disaster. I believe the latter fear will win out. Daily, Trump is creating a back lash that will undo his chances. At least I hope so.
The Republican front runner is all about keeping even Muslim U.S. citizens out of the country if they travel. He wants to keep them out until we can understand the problem of terrorism which might take awhile.
Where are all of his celebrity pastor supporters now?

David Barton: Churches Are Required to Hire Pedophiles to Run Church Nurseries

On Tuesday, David Barton appeared on Missions Radio (click link for entire program), a podcast hosted by Kenneth Mitchell. The topics were mostly current events and Barton’s analysis of them. As with his history, his analysis of current events is also off the mark. In this clip, Barton claims churches have to hire pedophiles to run their nurseries.

Transcript:

Then, Congress has passed what’s called ENDA, Employment Non-Discrimination Act, passed this in ’06 under Pelosi and Reid and at that point in time, it says you cannot discriminate on the basis of hiring.
As a result, the president has now announced that faith based groups have to hire homosexuals; not an option, you have to because federal law says you cannot discriminate on the basis of identity. So if a pedophile comes to the church and says I want to run your nursery, you can’t say no because that’s discriminating on the basis of identity. If a homosexual comes and says I want to be your youth director and you say no, you can’t do that, you can’t distinguish on the basis of gender.
And in the same way as came out at the Supreme Court, back 25 years ago when the Supreme Court ruled that segregation was wrong, and you had a Christian college, Bob Jones that says we’re still going to do it in dating and interracial marriage, etc., they lost the tax exempt status because they wouldn’t comply with the Supreme Court decision. Well now the Supreme Court says you can’t distinguish on the basis of gender but only on identity, guess what? That calls into qu…and that’s what Obama’s attorney said, it will call into question every single tax exemption in America for every church. I guarantee you that people who thought same-sex marriage was for equality didn’t intend to destroy all the church in America. And that’s what it does.

No. Just no.
Barton is completely wrong about the Employment Non-Discrimination Act. It never passed both houses of Congress during the same session, and it is not law today. It was not introduced in the 109th Congress (2005-2007). As an aside, the House speaker during that Congress was Dennis Hastert and the Senate president was Dick Cheney.  ENDA passed the House in the next Congress but not the Senate. Another version of the legislation passed the Senate in 2013 but not the House (see this timeline).
Barton told Mitchell’s audience that President Obama’s executive order forbidding discrimination by federal contractors came “as a result” of ENDA. Not so. Barton claims faith based groups have to hire homosexuals. However, this order only applies to federal contractors not all faith based groups. Then he uncorked a doozy by claiming that churches have to hire pedophiles who want to run church nurseries. Of course, this is ridiculous fear mongering.
Stop a minute to think about that claim. Anyone who has any knowledge of church work or volunteer work with children knows Barton’s claim is ridiculous. In many schools, you can’t volunteer to accompany your child’s classroom on a field trip without criminal and child abuse clearances. In recent years, churches have been required by liability insurers to screen all volunteers before working with children. Barton’s claims are absurd and irresponsible.
On the claim that a church has to hire an openly gay applicant, Barton offers no evidence. I know of no case where a non-gay-affirming church was required to hire a gay person for a religious function. Churches discriminate on the basis of religion all the time by hiring only those who agree on even fine points of doctrine. Many churches also discriminate on the basis of gender by not hiring women for certain functions. The Equal Employment Opportunity Commission’s guidance makes it clear that “governmental regulation of church administration, including the appointment of clergy, impedes the free exercise of religion and constitutes impermissible government entanglement with church authority. The exception applies only to employees who perform essentially religious functions, namely those whose primary duties consist of engaging in church governance, supervising a religious order, or conducting religious ritual, worship, or instruction.” Clearly, youth directing is an essentially religious function. 
In the last paragraph above, Barton refers to concerns that religious colleges might be required to treat same-sex unions as they do male-female marriages now. There is basis for this topic but Barton stretches the matter to include churches. The solicitor general Donald Verilli addressed this matter in a famous exchange with Justice Alito during oral arguments on Obergefell v. Hodges. Justice Alito asked Verilli if a college opposed same-sex marriage would that college suffer the same fate as Bob Jones University who maintained discriminatory policies based on race. Verilli acknowledged that such questions could come up if a right to same-sex marriage was recognized. However, Alito and Verilli did not discuss churches, as Barton implies.  Verilli didn’t say a favorable same-sex marriage decision would “call into question every single tax exemption in America for every church” or anything close to it.
For the most part, colleges are places of public accommodation and already operate under federal guidelines when it comes to employment and other civil rights. As Verilli replied to Alito, the question can’t be answered without knowing the specific facts. Some schools may have a better case for allowing discrimination based on sexual orientation than others. However, the issue was never the free exercise of religion by churches. In this context, it would be good to recall Justice Kennedy’s words on the matter:

Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.

With uninformed pundits like Barton headlining church conferences, no wonder many evangelicals are worried the sky is falling.  I hope Mr. Mitchell will consider giving equal time or at least informing his listeners that Barton was wrong and the First Amendment still exists in America.

Open Forum: Why Pray Before Government Meetings?

The prayer case in Greece, NY and the one in Maryland I mentioned yesterday started me thinking about why such prayers are being offered and contested. I recognize the First Amendment implications of such cases and have interest in preserving religious liberty without establishment of Christianity as a preferred religion. However, I also thought of the matter as an evangelical and reflected on the teachings of Jesus in Matthew 6:

5 “When you pray, you are not to be like the hypocrites; for they love to stand and pray in the synagogues and on the street corners [a]so that they may be seen by men. Truly I say to you, they have their reward in full. 6 But you, when you pray, go into your inner room, close your door and pray to your Father who is in secret, and your Father who sees what is done in secret will reward you.
7 “And when you are praying, do not use meaningless repetition as the Gentiles do, for they suppose that they will be heard for their many words. 8 So do not be like them; for your Father knows what you need before you ask Him.

In light of this teaching, I asked myself why conservative evangelicals like Commissioner Robin Frazier in Maryland want to pray in public. Perhaps government officials who want to pray should pray at home before the meeting. Probably those who pray in public for effect should reflect on the meaning of these teachings.
Perhaps such Christians feel God will bless meetings more if prayers are offered. I’ve been around long enough to see bad decisions come out of meetings which began with prayer so I don’t think there are any guarantees. That kind of thinking seems to treat prayer like a lucky charm or magic incantation.
I wonder if evangelicals who want to pray before public meetings would be so keen on the practice if the officials were praying prayers of another religion, like this Buddhist prayer:

Metta Karuna Prayer
Oneness of Life and Light, Entrusting in your Great Compassion,
May you shed the foolishness in myself, Transforming me into a conduit of Love.
May I be a medicine for the sick and weary,
Nursing their afflictions until they are cured;
May I become food and drink, During time of famine,
May I protect the helpless and the poor, May I be a lamp,
For those who need your Light, May I be a bed for those who need rest,
and guide all seekers to the Other Shore. May all find happiness through my actions,
and let no one suffer because of me. Whether they love or hate me,
Whether they hurt or wrong me, May they all realize true entrusting,
Through Other Power, and realize Supreme Nirvana.
Namo Amida Buddha

I imagine that would be meaningful to any Buddhists present and I can build a bridge to my own beliefs but is it necessary to decide zoning questions or approve development projects? I can imagine that some Christians who want to pray in Jesus’ name would be offended by a prayer realizing “Supreme Nirvana.”
I realize I may be missing something so I invite your respectful and gentle comments.