Letters
to the editor from this week's Chronicle:
To the Editor
Freedom of Speech and Expression under the U.S. Constitution.
I note from Face Book that a number of current and/or former residents
of Cottonwood have signaled their support for denying others their Constitutional
rights by supporting President Trump and his lap dog Mike Pence who are
trying to make a mockery of the freedoms granted to all of us by the First
Amendment to the U.S. Constitution.
In particular, see (a) Trump’s tweeting that as concerns the likes
of Colin Kaepernick, NFL owners “should firethe sons of bitches”, and (b)
V.P. Pence’s grandstanding by “walking out of” an NFL football game on
Sunday after wasting tax payer money flying back and forth across the U.
S. with his contingent of body guards and assistants, walking into the
stands, and then walking out to hold a press conference, and then flying
the entire contingent back across the country at taxpayer expense. Both
Trump and Pence need to recognize the rights of citizens under the 1st
Amendment to the U.S. Constitution and start acting accordingly, and quit
wasting taxpayer money deliberately ginning up hatred for black football
players.
The law: In 1942 the West Virginia Legislature passed a law providing
that all teachers and pupils "shall be required to participate in the salute
honoring the Nation represented by the Flag, and providing further that
refusal to salute the Flag shall be regarded as an Act of insubordination,
and shall be dealt with accordingly." The school board enacted a rule requiring
students to salute the flag in proper form while standing at attention
and reciting the Pledge of Allegiance.
Marie and Gathie Barnett were Jehovah's Witnesses attending Slip Hill
Grade School near Charleston, West Virginia, who were instructed by their
father not to salute the flag or recite the pledge, and were expelled for
their refusal. This expulsion, in turn, automatically exposed the children
and their parents to criminal prosecution; the expelled child was considered
"unlawfully absent" and could be proceeded against as a delinquent, and
their parents or guardians could be fined as much as $50 and jailed up
to thirty days.
Suit was filed in the Federal Court with the Barnetts challenging the
West Virginia Law as being in violation of the U.S. Constitution. The district
court ruled that the statute violated the constitution. The state appealed
the case to the Supreme Court, and lost when the Court established the
rule that still applies today, which ruling torpedoes the thinly disguised
attack by Trump and Pence on the Constitutional rights of citizens.
West Virginia State Board of Education, et al. v. Walter Barnette,
et al. 319 U.S. 624;63 S. Ct. 1178; 87 L. Ed. 1628;
Analysis of the case follows:
Point #1. Justice Jackson, writing for the majority of the court, analyzed
the case as one of freedom of speech and expression. He did not question
Frankfurter's designation of the flag as a national symbol; instead, he
criticized the pedestal on which Frankfurter put such national symbols.
Jackson called symbols a "primitive but effective way of communicating
ideas," and explained that "a person gets from a symbol the meaning he
puts into it, and what is one man's comfort and inspiration is another's
jest and scorn."
He continued stating: "If there is any fixed star in our constitutional
constellation, it is that no official, high or petty, can prescribe what
shall be orthodox in politics, nationalism, religion, or other matters
of opinion or force citizens to confess by word or act their faith therein”.
Point #2. Justice Jackson dealt with Frankfurter's assertion that forcing
students to salute the flag, and threatening them with expulsion if they
chose not to, was a permissible way to foster national unity.
Jackson rejected Frankfurter's argument, citing the Roman effort to
drive out Christianity, the Spanish Inquisition of the Jews and the Siberian
exile of Soviet dissidents as evidence of the "ultimate futility" of efforts
to coerce unanimous sentiment out of a populace. Jackson warned that "[t]hose
who begin coercive elimination of dissent soon find themselves exterminating
dissenters. Compulsory unification of opinion achieves only the unanimity
of the graveyard. (Emphasis mine). [Works fine in North Korea, but is verboten
in the U.S.]
Point #3. Next Jackson denied Frankfurter's argument that flag saluting
ceremonies were an appropriate way to build the "cohesive sentiment" that
Frankfurter believed national unity depended on. He wrote as follows:
“The very purpose of a Bill of Rights was to withdraw certain subjects
from the vicissitudes of political controversy, to place them beyond the
reach of majorities and officials and to establish them as legal principles
to be applied by the courts. One's right to life, liberty, and property,
to free speech, a free press, freedom of worship and assembly, and other
fundamental rights may not be submitted to vote; they depend on the outcome
of no elections”.
Point #4. Marshall continued:
“The case is made difficult not because the principles of its decision
are obscure but because the flag involved is our own. Nevertheless, we
apply the limitations of the Constitution with no fear that freedom to
be intellectually and spiritually diverse or even contrary will disintegrate
the social organization. To believe that patriotism will not flourish if
patriotic ceremonies are voluntary and spontaneous instead of a compulsory
routine is to make an unflattering estimate of the appeal of our institutions
to free minds. We can have intellectual individualism and the rich cultural
diversities that we owe to exceptional minds only at the price of occasional
eccentricity and abnormal attitudes. When they are so harmless to others
or to the State as those we deal with here, the price is not too great.
But freedom to differ is not limited to things that do not matter much.
That would be a mere shadow of freedom.
The test of its substance is the right to differ as to things that
touch the heart of the existing order.”
Seems to me that most Prairie folks, current and former, want it both
ways as concerns the Constitutional
Amendments, i.e., the right to bear arms (even if that means machine
gun clones) is inviolate, but the right to freedom of expression outside
of the local community is anathema.
Wayne J. Wimer, Attorney at Law (Retired).
Redneck Review!
No. 129 10/9/17
Hey! Would you believe that Friday coming up falls on October
13? Traditionally, for old guys like myself, there is supposed to be some
dire happenings on a "Friday the 13th!"
Wikipedia says "Friday the13th is considered an unlucky day in Western
superstition."
That may well be, but as I search back through the past seven plus
decades of my life,I have to admit that no outstanding disaster comes to
mind associated with that day!
That might be since Friday the 13th normally occurs only twice a year
most years, as it does this year, and will only happen once in 2021 and
2022. Research tells us that day actually occurred three times in
2012 and 2015, and will again three times in 2026.
But students of history know there is another important bit of history,
unknown to most of our population today! That is the documented accounts
of apparitions by Mary, mother God, to three little children in Fatima,
from May to October in 1917, a period of six months, all on the 13th each
month. For the open minded individual, the recorded events on those days
can be easily researched! Each month from May to October, the number
of people who came to the site started small, but reached around 70,000
in October. Newspapers as far away as 50 miles, and the testimony
of hundreds of people confirmed a "Miracle of the Sun," which began "spinning
and falling from the sky" during a drenching rain that had soaked all in
attendance. Amazingly, as the sun returned to its accustomed spot, suddenly
the rain stopped and the ground and all who had been soaked instantly became
dry!
Detailed information about these apparitions and the final "Miracle
of the Sun" appeared in reviews 33 and 34 back in 2015, and can easily
be verified by a Google or other computer search into the events, using
search words Fatima, or Marian apparitions.
The three children involved, Lucia, Francisco and Jacinta, are said
to have seen a vision of hell so graphic, that from that time on their
lives were changed so significantly, that even a threat to burn them one
at a time in oil failed to force them to change their accounts of their
visions. They were told that only prayer, specifically the rosary, and
sacrifice by the people,
coupled with attendance at "Mass on Five first Saturdays" and the consecration
of Russia to the Blessed Virgin would stave off a series of disasters which
would result in a second WW II, the total destruction of several countries,
the rapid spread of atheism with the rise of the Soviet Union, and other
wars and natural disasters which would plague the world in unrelenting
ways.
So could this October the 13th hold any special significance for us?
Who knows, and I for one am not prepared to make any predictions, one way
or the other! But there are facts from the past that might
get a person's attention! For one, history tells us that Portugal was controlled
with an iron hand by communism during the time of the apparitions, but
that came to an end a few years later rather mysteriously after the country
was consecrated to Mary, and also amazingly, was saved from involvement
in WW II which included all of Europe!
And interesting it is that a heaven sent request that France
and its king be consecrated as directed was not heeded. But Louis XVI decided
it should be done 100 years later almost to the day, as he was headed for
the guillotine from prison in the Bastille! Interesting!
Hey! For those who are interested and believe in the power of prayer,
a prayer and rosary rally is scheduled for noon, Oct 14, at St. Mary's
Church in Cottonwood!
Jake Wren |
Home
Classified
Ads
Template Design by:
 |