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The Supreme Court is staring at its self-imposed end-of-June deadline, but the justices have not yet released some of the most significant opinions of the term, including a challenge to the Affordable Care Act, the Voting Rights Act and a case on religious liberty involving a Philadelphia foster agency.Recent weeks have seen justices clear their desks of those opinions that produce fewer divisions, as the tension grows for the big-ticket cases.At the same time, eyes are on any retirement plans of Justice Stephen Breyer, 82. His departure would allow President Joe Biden and Senate Democrats to replace him with a much younger liberal. Justices have often announced their retirements at the end of a term. Here's what the court has on its docket:Obamacare (again)Republican-led states aided by the former Trump administration are trying to get the court to invalidate the entire Affordable Care Act, former President Barack Obama's most significant legislative achievement.The case marks the third time the court heard a significant challenge to the 2010 law, although the stakes are heightened given the implications of COVID-19, the catastrophic deaths and the current burdens facing the health care industry.As things stand, Texas and other Republican-led states are challenging the law and California and other Democratic-led states, the House of Representatives and the Biden administration support the law.In one of his first acts as president, Biden informed the court that his government was reversing the position taken by the Trump administration. The Department of Justice now argues that even if the individual mandate is constitutional and that even if the court finds otherwise, it should sever the mandate and allow every other provision to stand.Religious liberty, LGBTQ rights and a Philadelphia foster agencyAt issue is a major dispute pitting claims of religious liberty against the LGBTQ community. It comes as the new conservative majority has moved aggressively to protect rights under the Free Exercise Clause of the Constitution.In the case heard in early November, Philadelphia froze the contract of a Catholic foster agency because the agency refused to work with same-sex couples as potential foster parents. The agency, Catholic Social Services, sued under the First Amendment.Philadelphia defended its action, saying the agency violated anti-discrimination laws that are neutral and applicable to everyone.Supporters of LGBTQ rights support the city, arguing it was within its rights to freeze the contract to an organization receiving taxpayer funds and turning away same-sex couples. They fear that a decision in favor of CSS would clear the way for religious organizations to get exemptions from non-discrimination laws in other contexts.Supporters of expanding religious liberty rights hope the court's conservative majority, expanding upon a trend from last term, will continue to hold the government to a higher standard when it comes to regulations that impact religious believers.Arizona voting rights lawThe Supreme Court is considering two provisions of Arizona law that the Democratic National Committee says violate the historic Voting Rights Act that prohibits laws that result in racial discrimination.One part of the state law requires that in-person Election Day voters cast their votes in their assigned precinct. Another provision says that only certain persons family, caregivers, mail carriers and elections officials may deliver another person's completed ballot to the polling place.Eight years ago, Chief Justice John Roberts wrote the 5-4 majority opinion in Shelby County v. Holder, effectively gutting Section 5 of the Voting Rights Act, a provision that required states with a history of discrimination to obtain the permission of the federal government or the courts before enacting new laws related to voting.Since that decision, challengers to voting restrictions have increasingly turned to Section 2 of the law, that holds that no voting regulation can be imposed that "results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color." Democrats fear the new conservative majority on the court will now weaken Section 2.The case comes as Republican state legislators across the country are also moving at a fast clip to pass laws to restrict voting access.Fourth Amendment: Warrants when in 'hot pursuit'The justices are considering a case about when a police officer needs a warrant to enter the sanctity of an individual's home. In general, in such circumstances a warrant is required, although the Supreme Court has held that under certain exigent circumstances, a warrant is not required.If, for example, an officer is in "hot pursuit" of a driver or if emergency aid is needed a warrant is not always necessary.The case at hand explores whether a categorical exception to a warrant holds up if the officer thinks the person he is following in "hot pursuit" committed a less serious offense: a misdemeanor. It's the first time the justices have looked at the scope of the "hot pursuit" doctrine when it comes to a minor violation.NCAA amateur rulesThe case offers the Supreme Court the opportunity for the first time in decades to examine the relationship between NCAA spending limits and student-athletes who are seeking compensation for their talents.At issue is a lower court ruling that struck down spending caps for "education related benefits" because, the court held, they violated antitrust laws. The NCAA is asking the Supreme Court to reverse the decision arguing that it is going to allow money to pour into the system under the guise of "education" which will destroy the distinction between amateur and pro sports. A lawyer for a class of students said the lower court got it right, and worried about the exploitation of students.Union organizingThe Supreme Court is again considering the power of union organizers in a case that pits agriculture businesses and privacy rights advocates against big labor and raises questions of when the government can allow access to private property without compensation. A ruling against the union position in the case would come after the Supreme Court in 2018 dealt a blow to the funding of public-sector unions.The case is brought by agricultural growers challenging a California state law that allows union organizers onto their property to speak to workers unannounced. They say it amounts to a government "taking" of the land without just compensation.The Biden administration is supporting the union's position, a change from the Trump administration, which had backed the employers.Dark moneyConservative non-profits Americans for Prosperity (a Koch-affiliated group) and the Thomas More Law Center are challenging a California law that requires charitable organizations that solicit donations to disclose a list of their contributors to the state attorney general.The groups say they want to keep their donors secret and that the state has not shown a compelling reason for the law. They argue that the law will chill contributors from coming forward for fear of harassment in violation of the First Amendment. Although the information is supposed to be confidential, the groups say that the state may make inadvertent disclosures.In response, California argues that the groups already have to file the same data with the IRS and the state needs the information as it tries to combat fraud related to charities. Three other states New York, New Jersey and Hawaii have similar laws.The case is being closely watched by those who fear it could lead to more anonymous "Dark Money" flowing into the system."The nonprofits are asking the Supreme Court to make it harder for the government to require the disclosure of donor information," said Lloyd Hitoshi Mayer, an expert on campaign finance at Notre Dame Law School. "While the case is about a state Attorney General asking for this information, if the Supreme Court raised the bar here, that would likely also apply to election donor disclosure laws down the road."Cheerleader and off-campus speechThe justices are looking at a First Amendment case concerning the authority of public school officials to discipline students for what they say outside of school.Then-junior varsity cheerleader Brandi Levy, who didn't make the varsity squad lashed out on social media while she was off campus, writing, " school softball cheer everything." The words were accompanied by a picture of her giving a middle-digit salute.After the outburst, the girl was suspended from the squad as having violated team and school rules. Lawyers for the girl sued alleging the school had violated her freedom of speech. The girl won in the lower courts that held that school could not remove her for off-campus speech. According to the court of appeals, she did not "waive her First Amendment rights as a condition of joining the team."Back in 1969, the Supreme Court held that public school officials could regulate speech that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." But that decision concerned speech at school."Empowering public school officials to censor what students say when they are outside of school would be an epic restriction of young people's freedom of expression," said Witold Walczak of the ACLU, defending the student.The Biden administration has weighed in in favor of the school arguing that there is some speech, that "intentionally targets specific school functions" that warrant discipline even if it occurs off campus.

The Supreme Court is staring at its self-imposed end-of-June deadline, but the justices have not yet released some of the most significant opinions of the term, including a challenge to the Affordable Care Act, the Voting Rights Act and a case on religious liberty involving a Philadelphia foster agency.

Recent weeks have seen justices clear their desks of those opinions that produce fewer divisions, as the tension grows for the big-ticket cases.

At the same time, eyes are on any retirement plans of Justice Stephen Breyer, 82. His departure would allow President Joe Biden and Senate Democrats to replace him with a much younger liberal. Justices have often announced their retirements at the end of a term.

Here's what the court has on its docket:

Republican-led states aided by the former Trump administration are trying to get the court to invalidate the entire Affordable Care Act, former President Barack Obama's most significant legislative achievement.

The case marks the third time the court heard a significant challenge to the 2010 law, although the stakes are heightened given the implications of COVID-19, the catastrophic deaths and the current burdens facing the health care industry.

As things stand, Texas and other Republican-led states are challenging the law and California and other Democratic-led states, the House of Representatives and the Biden administration support the law.

In one of his first acts as president, Biden informed the court that his government was reversing the position taken by the Trump administration. The Department of Justice now argues that even if the individual mandate is constitutional and that even if the court finds otherwise, it should sever the mandate and allow every other provision to stand.

At issue is a major dispute pitting claims of religious liberty against the LGBTQ community. It comes as the new conservative majority has moved aggressively to protect rights under the Free Exercise Clause of the Constitution.

In the case heard in early November, Philadelphia froze the contract of a Catholic foster agency because the agency refused to work with same-sex couples as potential foster parents. The agency, Catholic Social Services, sued under the First Amendment.

Philadelphia defended its action, saying the agency violated anti-discrimination laws that are neutral and applicable to everyone.

Supporters of LGBTQ rights support the city, arguing it was within its rights to freeze the contract to an organization receiving taxpayer funds and turning away same-sex couples. They fear that a decision in favor of CSS would clear the way for religious organizations to get exemptions from non-discrimination laws in other contexts.

Supporters of expanding religious liberty rights hope the court's conservative majority, expanding upon a trend from last term, will continue to hold the government to a higher standard when it comes to regulations that impact religious believers.

The Supreme Court is considering two provisions of Arizona law that the Democratic National Committee says violate the historic Voting Rights Act that prohibits laws that result in racial discrimination.

One part of the state law requires that in-person Election Day voters cast their votes in their assigned precinct. Another provision says that only certain persons family, caregivers, mail carriers and elections officials may deliver another person's completed ballot to the polling place.

Eight years ago, Chief Justice John Roberts wrote the 5-4 majority opinion in Shelby County v. Holder, effectively gutting Section 5 of the Voting Rights Act, a provision that required states with a history of discrimination to obtain the permission of the federal government or the courts before enacting new laws related to voting.

Since that decision, challengers to voting restrictions have increasingly turned to Section 2 of the law, that holds that no voting regulation can be imposed that "results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color." Democrats fear the new conservative majority on the court will now weaken Section 2.

The case comes as Republican state legislators across the country are also moving at a fast clip to pass laws to restrict voting access.

The justices are considering a case about when a police officer needs a warrant to enter the sanctity of an individual's home. In general, in such circumstances a warrant is required, although the Supreme Court has held that under certain exigent circumstances, a warrant is not required.

If, for example, an officer is in "hot pursuit" of a driver or if emergency aid is needed a warrant is not always necessary.

The case at hand explores whether a categorical exception to a warrant holds up if the officer thinks the person he is following in "hot pursuit" committed a less serious offense: a misdemeanor. It's the first time the justices have looked at the scope of the "hot pursuit" doctrine when it comes to a minor violation.

The case offers the Supreme Court the opportunity for the first time in decades to examine the relationship between NCAA spending limits and student-athletes who are seeking compensation for their talents.

At issue is a lower court ruling that struck down spending caps for "education related benefits" because, the court held, they violated antitrust laws. The NCAA is asking the Supreme Court to reverse the decision arguing that it is going to allow money to pour into the system under the guise of "education" which will destroy the distinction between amateur and pro sports. A lawyer for a class of students said the lower court got it right, and worried about the exploitation of students.

The Supreme Court is again considering the power of union organizers in a case that pits agriculture businesses and privacy rights advocates against big labor and raises questions of when the government can allow access to private property without compensation. A ruling against the union position in the case would come after the Supreme Court in 2018 dealt a blow to the funding of public-sector unions.

The case is brought by agricultural growers challenging a California state law that allows union organizers onto their property to speak to workers unannounced. They say it amounts to a government "taking" of the land without just compensation.

The Biden administration is supporting the union's position, a change from the Trump administration, which had backed the employers.

Conservative non-profits Americans for Prosperity (a Koch-affiliated group) and the Thomas More Law Center are challenging a California law that requires charitable organizations that solicit donations to disclose a list of their contributors to the state attorney general.

The groups say they want to keep their donors secret and that the state has not shown a compelling reason for the law. They argue that the law will chill contributors from coming forward for fear of harassment in violation of the First Amendment. Although the information is supposed to be confidential, the groups say that the state may make inadvertent disclosures.

In response, California argues that the groups already have to file the same data with the IRS and the state needs the information as it tries to combat fraud related to charities. Three other states New York, New Jersey and Hawaii have similar laws.

The case is being closely watched by those who fear it could lead to more anonymous "Dark Money" flowing into the system.

"The nonprofits are asking the Supreme Court to make it harder for the government to require the disclosure of donor information," said Lloyd Hitoshi Mayer, an expert on campaign finance at Notre Dame Law School. "While the case is about a state Attorney General asking for this information, if the Supreme Court raised the bar here, that would likely also apply to election donor disclosure laws down the road."

The justices are looking at a First Amendment case concerning the authority of public school officials to discipline students for what they say outside of school.

Then-junior varsity cheerleader Brandi Levy, who didn't make the varsity squad lashed out on social media while she was off campus, writing, "[expletive] school [expletive] softball [expletive] cheer [expletive] everything." The words were accompanied by a picture of her giving a middle-digit salute.

After the outburst, the girl was suspended from the squad as having violated team and school rules. Lawyers for the girl sued alleging the school had violated her freedom of speech. The girl won in the lower courts that held that school could not remove her for off-campus speech. According to the court of appeals, she did not "waive her First Amendment rights as a condition of joining the team."

Back in 1969, the Supreme Court held that public school officials could regulate speech that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." But that decision concerned speech at school.

"Empowering public school officials to censor what students say when they are outside of school would be an epic restriction of young people's freedom of expression," said Witold Walczak of the ACLU, defending the student.

The Biden administration has weighed in in favor of the school arguing that there is some speech, that "intentionally targets specific school functions" that warrant discipline even if it occurs off campus.

Go here to read the rest:
These are the decisions to watch for during the Supreme Court's final month - WBAL Baltimore

Lt. Governor Janice McGeaching announcing her run for Governor during a rally in Idaho Falls May 19. | Rett Nelson, EastIdahoNews.com

BOISE (Idaho Capital Sun) Lt. Gov. Janice McGeachins office on Thursday sent the Idaho Capital Sun 238 pages of public records from Idahoans, sought by her to inform her education task force.

But most of it was covered in black boxes with the word REDACTED.

The delivery followed six weeks of back-and-forth with the lieutenant governors chief of staff. And by the end of the day Friday, McGeachin had taken to social media, accusing the Sun of trying to get personal information about people who responded to her appeal for stories of indoctrination in schools.

Not only are they requesting the comments, but they are also demanding the names and email addresses of those who made the comments, she wrote in a Facebook post on her official lieutenant governor page. We have been making an effort to comply with their requests in a manner that is respectful of Idahoans and their personal information, but they are insistent that we give them YOUR personal information. I believe this would violate your rights and I am doing everything I can to protect your information.

The lieutenant governor has assembled a task force to review claims of indoctrination in Idahos public schools. That task force met for the first time on May 27, taking no public comment.

RELATED | McGeachin announces indoctrination task force members

McGeachin announced the task force on April 8, saying it would protect our young people from the scourge of critical race theory, socialism, communism and Marxism.

As I have traveled around the state and spoken with constituents and parents, it has become clear to me that this is one of the most significant threats facing our society today, she said in the announcement. We must find where these insidious theories and philosophies are lurking and excise them from our education system. Idahoans are increasingly frustrated by the apparent lack of awareness and leadership coming from the state on these issues.

McGeachin on April 21 announced on her website that she was seeking comments from the public regarding what Idaho schools teach students. She solicited the comments via Google Form.

RELATED | Lt. Gov. McGeachin seeks Idahoans feedback for task force examining indoctrination in schools

That day, the Idaho Capital Sun requested a copy of the public records created by that form a public record that is maintained by the lieutenant governors office as a spreadsheet.

The Sun requested a copy of the Google Sheet data from the Lt. Gov.s Education Task Force Feedback Form, as the record exists at the time this public record request is processed. Please provide the data in its raw spreadsheet format.

McGeachins Chief of Staff Jordan Watters responded to the request on May 4, saying the office had received about 3,600 comments. He provided a general breakdown of some of the data the level of education to which comments applied (e.g. 25.1% applied to high school) and the position of the person submitting comments (e.g. 31.4% chose concerned citizen).

But Watters said the lieutenant governors office would redact names, email addresses and personally identifying information contained in the written comments submitted by the public. He estimated $560 in costs to redact the information, which the Idaho Capital Sun would have to pay to receive the incomplete records.

The Sun immediately responded, asking for the legal justification to redact information.

Watters responded 16 days later, saying: Idaho code section 74-109(3) exempts from disclosure personal identifying information relating to a private citizen contained in a writing to or from a member of the Idaho Legislature, The Education Task Force is co-chaired by Rep. Priscilla Giddings, who is a member of the Idaho Legislature. As Rep. Giddings has access to the information submitted through the feedback form, personally identifying information submitted through that form qualifies as a writing to a member of the Idaho legislature, and is thus exempt from disclosure.

Lt. Gov. Janice McGeachins office took six weeks to provide a heavily redacted copy of public records to the Idaho Capital Sun. The office blacked out all feedback it received from more than 3,000 Idahoans. | Idaho Capital Sun

The Sun and other media outlets routinely request and receive public comments. For example, the Sun in April requested copies of comments submitted to Gov. Brad Little regarding a bill on voter initiatives. The governors office provided the public records days earlier than the deadline to do so in Idahos public records law.

RELATED | WATCH: Lt. Gov. McGeachin announces run for Idaho governor

When the lieutenant governors office refused to provide records, the Sun immediately reached out to the Idaho Press Clubs First Amendment Committee.

Stoel Rives attorney Wendy Olson sent the lieutenant governors office a letter on behalf of the Press Club and Sun reporter Audrey Dutton, saying that exemption did not apply and demanding the office send the unredacted records to Dutton by May 27 the day of the task forces first meeting.

Instead of providing the records, Watters sent an email. We are currently working with the (Attorney Generals) office and should have a more substantive response for you soon, he wrote.

The Idaho Attorney Generals Office acts as the primary law firm for the state. It has deputy attorneys general who work with state offices to provide legal counsel. Attorney General Lawrence Wasden also publishes a manual that describes Idahos public records laws, exemptions and the publics recourse when those laws arent followed.

The next email came on June 2.

Our office can provide you with a copy of our existing spreadsheet which includes the raw data that you requested, Watters wrote. However, our spreadsheet contains additional information, such as narratives and contact information that appear to be outside the scope of your request. If you believe this additional information is within the scope of your original request, please let us know and we will provide you with any information not otherwise exempt from public disclosure.

The Sun thanked him in advance for providing the full public record as requested.

But the next day, he sent over a file with names, contact information and the entirety of the public comments blacked out.

The lieutenant governors office did not include a citation to the Idaho law under which it made the redactions, as required by Idahos public records law.

The written denial for all or part of a request for information must state the statutory authority for the denial, and include a clear statement of the right to appeal and the time for doing so, according to the Idaho Attorney Generals Public Records Law Manual. In addition, it is also required that the public agency state that the attorney for the public agency has reviewed the request or shall state that the public agency or independent public body corporate and politic has had an opportunity to consult with an attorney regarding the request for examination or copying of a record and has chosen not to do so.

A lawsuit is the only recourse Idahos public records law gives the public and the media if they believe a government entity has wrongfully denied access to public records.

The opinion of the attorney generals office is that the only legitimate reason for the agency not to consult with an attorney is that the exemption from disclosure is clear, the manual says. If that is the case, the letter of denial should so state. Above all, if there is any doubt about whether the information is exempt from disclosure, it is imperative that the public agency seek legal advice.

Redactions are a partial denial of a public record request. But McGeachins office did not include any of the above statements in its response.

Watters on Friday afternoon said he would have to start over on the Suns request, saying the public comments were not in the scope of the Suns initial request for the full spreadsheet.

Meanwhile, McGeachin had posted to Facebook, questioning the Suns motives for seeking a copy of public comments that will be used to inform a task force on public education:

Why does the media want YOUR personal information? Do they plan to release it and encourage employers and government agencies to retaliate against Idahoans who have expressed concerns about Idahos education system? she wrote. I believe that releasing this information would have a chilling effect on YOUR right to communicate your concerns to elected officials in Idaho. I remain committed to taking whatever legal actions are necessary to protect your personal information from being exposed by the media.

Read this article:
McGeachin's office refuses to release public comments on 'indoctrination' task force - East Idaho News

Just a couple of weeks ago, two major U.S. publishers, HarperCollins and its religious imprint Zondervan, pulled out of a deal to publish The God Bless the USA Bible. This was to be the New International Version translation (a well-known translation that has been around for many years); however, the book would also include the U.S. Constitution, the Bill of Rights, the Declaration of Independence, the Pledge of Allegiance and the lyrics for the song God Bless the USA by country singer Lee Greenwood.

As if all of the above was not misguided enough, this book was scheduled to come out this coming September to commemorate the 20th anniversary of 9/11. There has been an online backlash coming from many well-known Christian figures in a petition with over 900 signatures (so far) that reads in part: This is a toxic mix that will exacerbate the challenges to American evangelicalism, adding fuel to the Christian nationalism and anti-Muslim sentiments found in many segments of the evangelical church.

The fact that The God Bless the USA Bible came so close to being published by one of our countrys leading publishers ought to be highly disturbing to any Christian or any well-informed American citizen for any number of reasons. Of course, we do have something known as the separation of church and state in the U.S., referenced in the First Amendment to our Constitution. Clearly, then, to publish a book nationwide that links the Bible with U.S. founding documents suggests even fosters the idea there is some sort of direct connection and partnership between the two.

To foster a partnership between Christianity and the state is not only a bad idea, but it is also counter to the origins of Christianity as a religion. Unlike almost any religion before its founding or after it, Christianity was founded in opposition to the governments surrounding it counter to the Jewish ruling Sanhedrin and counter to the Roman imperial government. This, in fact, is the legal reason why the wayward rabbi Jesus was crucified. For the first 300+ years of Christianitys development, it was very much at odds with the Roman Empire.

It wasnt until 380 that the emperor Theodosius made Christianity the official religion of the Roman Empire. Only about 10 years later, Ambrose, bishop of Milan, stood up to Theodosius in no uncertain terms and condemned the infamous Massacre at Thessalonica, demanding in writing that the emperor perform an act of penance and ask for forgiveness. Various accounts of the time affirm the emperor did so, standing in the snow in front of Ambroses church in Milan.

For the entire history of the papacy, many popes have been at odds with many kings and heads of state. One could accurately say the relationship between the Vatican and secular governments has almost always been one of dialectic and dialogue and dispute not partnership. And that situation dominated church/state relations for 1,500 years. With the Protestant Reformation, church/state relations started to change. Of course, King Henry VIII in England made himself the head of his new Church of England, removing the pope from the picture there Queen Elizabeth II is the head of the Church of England today. Luther and Calvin were very much working with secular governments Calvin even set up a theocracy form of government in Geneva for a time.

The self-governing, theocratic Protestant Pilgrims arrival in New England in the 1600s has been, unfortunately and inaccurately, turned into a simplistic mythic origin narrative that our country was founded on Protestant Religious Values. I say this was unfortunate because during the 19th and 20th centuries, this false narrative caused a good deal of discrimination against Catholics some of which is still evident even today.

The majority of the founders of the United States in the late-1700s were most definitely not descendants of the Pilgrims, nor did they share the Pilgrims ideas about theocratic forms of government. The opposite is more accurate: Our founders fear of extremist, theocratic forms of government and fear of the partnership of Englands king with the Church of England is what caused them to be sure the government of the U.S. would never establish a partnership with any one religious denomination. This is exactly why we call this section of the First Amendment, the Disestablishment Clause. It was a darn good idea.

But there is today a group of American Protestant evangelicals who truly want to overturn this part of our history and our government. This group hates liberals because liberals hate religion and dont believe in God and all liberals are Democrats. The publication of the God Loves the USA Bible would be the perfect book to be the foundation stone of a whole new (evangelical) architecture for the government of the United States.

Unfortunately, it is all too easy to imagine Donald Trump again pulling together evangelical support holding high in his right hand the God Loves the USA Bible. It would be a marriage made in heaven or some other place. The publication of this book, and the heated argument about it, would surely become a factor in the 2024 presidential race, no matter who is running.

Such a heated argument becoming front and center in our politics would cause our founders to roll over in their graves. This would be exactly the type of dangerous and divisive argument that the First Amendment was designed to permanently take off the table because it is so deadly to a democracy. The natural born enemy of democracy is not only autocracy; it is also theocracy or anything leaning toward it.

Let us pray the God Loves the USA Bible never sees the light of day. Amen.

John Nassivera is a former professor who retains affiliation with Columbia Universitys Society of Fellows in the Humanities. He lives in Vermont and part time in Mexico.

Link:
On Faith: The Bible and nationalism | Perspective | rutlandherald.com - Rutland Herald

Event organizer turned down sound for part of speech; Speaker says he was censored by Hudson American Legion

Update:Hudson American Legion Post's charter suspended, leader resigns

HUDSON What at first blush appeared to be a shortaudio malfunction at Monday's Memorial Day ceremony in Markillie Cemetery turned out to be anything but.

A ceremony organizer turned off the microphone when the event's keynote speaker, retired Army Lt.Col. BarnardKemter, began sharinga story aboutfreed Black slaves honoring deceased soldiers shortly after the end of the Civil War.

The microphone was turned down for about two minutes in the middle of Kemter's 11-minute speech during theevent hosted by the Hudson American Legion Lee-Bishop Post 464. (See the start of the speech at the 47-minute mark below.)

What did he say?: Read a draft of speech by veteran silenced at Hudson Memorial Day service

Twitter reaction: Veteran's audio cut while he was discussing Blacks' role in Memorial Day

Cindy Suchan,who chairs the Memorial Day parade committee and is president of the Hudson American Legion Auxiliary, saidit was either her orJimGarrison, adjutant ofAmerican LegionLee-Bishop Post 464, who turned down the audio. When pressed, she would not saywho specifically did it.

Suchan said organizerswanted this part excludedbecause it was not relevant to our program for the day," andadded the themeof the day was honoring Hudson veterans.

Kemtersaid he wanted to use his speech to share the history of the origin of Memorial Day. Afterward, henoted, he received "numerouscompliments" from attendees who told himitwas nice to hear the history.

It was well-received,Kemtersaid, adding many people told him, I never knew that.

He expressed disappointment with the event organizers' actions.

I find it interesting that [the American Legion] … would take it upon themselves to censor my speech and deny me my First Amendment right to [freedom of] speech,Kemtersaid.… This is not the same country I fought for.

Memorial Day: Streams of visitors fill Western Reserve National Cemetery for Memorial Day

Kemter, a 1962 Hudson High School graduate,said he was trained as a combat medic, wasin the U.S. Army from 1965 to 1995, andserved in the Persian Gulf War.

In the daysleading up to the ceremony,Suchan said she reviewed Kemtersspeech andasked him to remove certain portions.

We asked him to modify his speech, and he chose not to do that, said Suchan.

Suchan declined to say which partshe wantedexcluded, butconfirmed the two minuteswhenKemtersmicrophone was turned off were part ofwhat she askedhim toexclude.During thosetwo minutes,Kemter isheard discussinghow formerslavesandfreed Black menshortly after the Civil Warexhumed theremainsofmore than 200 Union soldierswho died in battle in Charlestonand gave thema proper burial.

Honoring those who served: Summit County dedicates Veterans Memorial Plaza

About three days before the ceremony,Kemtersaid, he was emailed by an event organizer (whom he declined to name) askinghim to remove apart of hisspeech dealing with Black Americans rolein an early Memorial Day-type of ceremony. Kemterdeclined to share whytheorganizerasked him to removethis part, but said heasked the organizer to specify what portions they wanted to have excluded.

When he received an email back from the organizerSunday evening, the message stated that the parts to be removed were highlighted.Kemtersaid he did not seeany text highlighted and with the ceremony less than 24 hours away,he did not reply again.

"I didn't have time to sit down and rewrite another speech," Kemter said.

Kemter said he showed the text of the speech to a Hudson public official, who advised him to leave the speech intact.

Memorial Day: They started sending in mortar rounds: Vietnam vet recalls war this Memorial Day

At a certain point inKemtersspeech, Suchan said she asked A.J. Stokes, the events audio engineer, to turn offKemtersmicrophone. She said Stokes refused to do it himself, butpointed to the knob that controlled themicrophone.

Stokes confirmed his refusal and that he did pointto the knob.He saidit was Garrison who turned down the audio and then turned it back up a short time later.

When reached by phone Wednesday, Garrison declined to say whetherhe turned down the microphone and said hehad "nothing to add" regarding the situation.

Stokes said Suchan and Garrison were both very adamant about turning offKemtersmicrophone.

That was very improper, Stokes said. I wouldve never done something like that.

He said hewas very upset about what happened and hoped he was not being blamed.Suchan emphasized that Stokes was "totally blameless."

He noted hes handled the sound engineering for the event since the late 1960s andhas his own company, Stokes Sound & Video Inc.

After the ceremony, Stokes said heapologized toKemterabout the loss in audio, but also told him, I had nothing to do with that.Cindy and Jim were the ones that turned your microphone off.

When his microphone was turned down,Kemtersaid, he thought there was a problem with the equipment. After the event, Stokes told me it was not a malfunction.

Kemtersaid he did not speak with Suchan or Garrison after the ceremony.

Inthe video of the programthat appears on the HCTV website,Kemtersmicrophone stops working in the middle of his speech. When Kemter noticesmembers of the crowd sayingthat they cant hear him, he taps the microphone, looks at someone off-camera and saysA.J., mic, referring to Stokes.

Kemterlooksat the crowd, smiles and explains that this was why he had asked attendeesto movecloserwhen he opened his speech. Hecontinues speaking,andafter about two minutes, the microphonecomes back on and stays on for the remainder of the speech. The audio of whatKemtersaid can still be heardduring the video because there was ashotgunmicrophoneonHCTVsvideo camera.

During the two minutes when the microphone was turned down, the recording of theprogram on HCTVincludes a disclaimer stating "Lapse in sound not [the] fault of Stokes & Sound Inc. or Hudson Community TV."

Reporter Phil Keren can be reached atpkeren@thebeaconjournal.com, or on Twitter at @keren_phil.

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Veteran's mic cut when he speaks of Black people's role in Memorial Day creation - Akron Beacon Journal

A three-judge panel of the U.S. District Court for the District of Columbia on Thursday ruled in favor of Republican Sen. Ted Cruz in his federal lawsuit against the Federal Elections Commission, striking down a limit on the amount of post-election contributions that may be used to repay a candidates pre-election loans.

Section 304 of the Bipartisan Campaign Reform Act of 2002 prohibits candidates from using post-election contributions to repay personal loans over $250,000.

Cruz, R-Texas, filed the lawsuit against the FEC after the $250,000 cap blocked him from receiving a full repayment for the $260,000 he loaned to his 2018 Senate reelection campaign.

CRUZ: CORPORATE AMERICA TRYING TO PUNISH ANYONE WHO DISAGREES WITH BIDEN AGENDA

The decision states that Cruz brought the suit "to invalidate and enjoin the enforcement of Section 304 and its implementing regulation."

"We find that the loan-repayment limit burdens political speech and thus implicates the protection of the First Amendment," the three-judge panel wrote in its opinion.

"Because the government has failed to demonstrate that the loan-repayment limit serves an interest in preventing quid pro quo corruption, or that the limit is sufficiently tailored to serve this purpose, the loan repayment limit runs afoul of the First Amendment," the judges wrote.

"We therefore grant summary judgement for Senator Cruz and his campaign," they wrote.

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Candidates for federal office require substantial funds to support their campaigns, the order stated, adding that funding may come from individual contributions, which are subject to a per-election cap.

"A campaign may repay a candidates loans using contributions received both before and after the election," the judges wrote.

Cruz, in filing the suit, said the FEC was violating the First Amendment, and said the loan-repayment limit "unconstitutionally infringes the First Amendment rights of Senator Cruz, his campaign, other candidates, and any individuals who might seek to make post-election contributions."

A spokesman for Cruz told Fox News that the "unanimous decision was a resounding victory for the First Amendment and Free Speech."

"The existing FEC rules benefited incumbent politicians and the super wealthy and they made it harder for challengers to run, and the court rightly struck them down as unconstitutional," the spokesman said.

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Ted Cruz wins FEC lawsuit over $10K campaign loan - Fox News