9th Circus Court rules "family values" is hate speech

Little-Acorn

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The 9th Circus Court of Appeals gets 75% of its decisions that are appealed to the Supreme Court, reversed. Looks like they're working on another one.

Apparently a group of homosexual advocates used the city's Email system and bulletin boards to send notices to others about homosexual activities. Two employees who didn't like it, decided to form a group interested in normal lifestyles, family values etc. They put up their own notice on one bulletin board explaining the purpose of the group and inviting people to join.

A director ordered the two employees' notice taken down, saying it constituted "hate speech" and "sexual harrassment". That director did not appear to find any problem with the stream of opposite noitces on the same facilities, from the homosexual advocates. A District Court judge said the city had the right to regulate what was put on its bulletin boards, email systems etc. No one has sued the homosexual advocates for their stream of notices on bulletin boards, Emails etc., on the same subjects but with different views.

The 9th Circus has now decided that the city's interest in taking down the notice, exceeded the right to free speech of the two employees.

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WorldNetDaily: 9th Circuit endorses censoring Christians

9th Circuit endorses censoring Christians
Ruling says 'family values' is hate speech that scares city workers

Posted: March 8, 2007
1:00 a.m. Eastern

A ruling from the 9th U.S. Circuit Court of Appeals has concluded that municipal employers have the right to censor the words "natural family," "marriage" and "family values" because that is hate speech and could scare workers.

The ruling came in a case being handled by the Pro-Family Law Center, which promised an appeal of the drastic result.

"We are going to take this case right up the steps of the United States Supreme Court," said Richard D. Ackerman, who along with Scott Lively argued the case for the Pro-Family Law Center.

"We are simply unwilling to accept that Christians can be completely silenced on the issues of the day – especially on issues such as same-sex marriage, parental rights, and free speech rights," he said.

"If we fail to get U.S. Supreme Court review, however, it will be up to each individual Christian in the United States to stand up for their rights to be heard on the issues of the day. If we choose to be silent, silenced we shall be," he said.

The decision came in an unpublished "memorandum" from the court, and was in a dispute over the promotion of the homosexual lifestyle within the city offices of Oakland, Calif.

It found that municipalities have a right to dictate what form an employee's speech may take, even if it is in regard to controversial public issues.

"Public employees are permitted to curtail employee speech as long as their 'legitimate administrative interests' outweigh the employee's interest in freedom of speech," said the court's opinion by judges B. Fletcher, Clifton and Ikuta, who noted that their writings are "not appropriate for publication."

"The district court appropriately described [the Christians' speech rights] as 'vanishingly small,'" the opinion continued.

However, as the Pro-Family Law Center noted, the court "completely failed to address the concerns of the appellants with respect to the fact that the City of Oakland's Gay-Straight Employees Alliance was openly allowed to attack the Bible in widespread city e-mails, to deride Christian values as antiquated, and to refer to Bible-believing Christians as hateful. When the plaintiffs attempted to refute this blatant attack on people of faith, they were threatened with immediate termination by the City of Oakland. The Ninth Circuit did not feel that the threat of immediate termination had any effect on free speech."

The case had developed when two city employees who wanted to launch a group of people who shared their interests posted a notice on a city bulletin board – after a series of notices from homosexual activists were delivered to them via the city's e-mail system, bulletin boards and memo distribution system.

The notice said:

----------------------------
Good News Employee Associations is a forum for people of Faith to express
their views on the contemporary issues of the day. With respect for the
Natural Family, Marriage and Family values.
If you would like to be a part of preserving integrity in the Workplace call
Regina Rederford @xxx- xxxx or Robin Christy @xxx-xxxx
----------------------------

But Robert Bobb, then city manager, and Joyce Hicks, then deputy director of the Community and Economic Development Agency, ordered their notice removed, because it contained "statements of a homophobic nature" and promoted "sexual-orientation-based harassment."

U.S. District Judge Vaughn Walker had ruled in 2005 that Oakland had a right to prevent the employees from posting that Good News Employee Association flier promoting traditional family values on the office bulletin board.

That decision was made even though homosexuals already had been using the city's e-mail, bulletin board, and written communications systems for promoting their views. In fact, one city official even used the e-mail system to declare the Bible "needs updating," but no actions were taken against those individuals.

The case was argued recently at a special session of the 9th Circuit at the Stanford University Law School.

"The city of Oakland has interpreted this district court's ruling to mean that Christianity has no place in our society and should be subject to punishment. I want to believe that our Supreme Court will ultimately decide this case on the values and instructions set forth in motion by the nations Founders," said Ackerman.

Ackerman's' firm represents the women and said the Pro-Family Law Center and Abiding Truth Ministries have helped underwrite the thousands of dollars it has cost to fight the city's aggressive promotion of the homosexual lifestyle.
 

Mr.Conley

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Tricky, tricky, Acorn. Most cases appealed to SCOTUS are overturned.

The court doesn't look at cases unless the justices believe something's wrong in the first place.

High overturn rates are common for most appeals courts.

Good work on manipulating the data though.
 
OP
Little-Acorn

Little-Acorn

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The 9th Circus is overturned more than any other CCA.

Nice try at pretending I had to "manipulate" anything, though.
 

red states rule

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The 9th Circus is overturned more than any other CCA.

Nice try at pretending I had to "manipulate" anything, though.


Thank God for Justices like Thomas, Scalia, Roberts, and Alito. We need a few more like them and then liberalism will no longer be dispenced from the bench
 

doniston

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The 9th Circus has now decided that the city's interest in taking down the notice, exceeded the right to free speech of the two employees.

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QUOTE]Strange that no one commented on the actual issue. I will start by saying the Courtscrewed up, and the ruling shouldn't have been made, there is and was nothing wrong with the annoucements.
 

red states rule

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The 9th Circus has now decided that the city's interest in taking down the notice, exceeded the right to free speech of the two employees.

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QUOTE]Strange that no one commented on the actual issue. I will start by saying the Courtscrewed up, and the ruling shouldn't have been made, there is and was nothing wrong with the annoucements.


The Ninth Circus is more intersted in protecting the right of liberal free speech then free speech
 

Annie

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All this stuff out of appelate courts being overturned, anyone got links?
 

Tarantulas

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All this stuff out of appelate courts being overturned, anyone got links?
Can't post a link yet but here's some text:

It is not an exaggeration -- though it might be euphemistic -- to say that Judge Reinhardt is a "favorite" of the justices. As the Center for Individual Freedom Foundation reported in a study published two years ago: In the decade from the beginning of October 1994 through the end of September 2004, "the Supreme Court has reversed decisions that Judge Reinhardt authored or joined an amazing 53 times, accounting for more than one-third of the Ninth Circuit cases reversed" during that period.

The study went on to explain that Judge Reinhardt's "average of 5.3 reversals per Supreme Court term far outpaced his fellow jurists on the Ninth Circuit or any other federal appeals court nationwide." In fact, "not only had the Supreme Court overturned Judge Reinhardt 53 times since 1994, in 26 of those cases (49 percent), all nine justices reversed," meaning not a single justice – neither conservative nor liberal -- sided with Judge Reinhardt on those matters. And, as can be seen both this term and last, Judge Reinhardt's troubling trend didn't end in 2004.

The types of cases in which Judge Reinhardt gets overturned demonstrate just how far out of the mainstream he is. While Judge Reinhardt is a legal lightning rod on any issue that crosses his bench, he routinely votes in favor of not just criminal defendants but convicted criminals, who must think of him as their best friend on the bench. For instance, the pair of Judge Reinhardt rulings that the justices overturned in the last month were habeas corpus appeals in which Judge Reinhardt sought to overturn murder convictions because of technicalities.
 

William Joyce

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Of all the disasters the Chimp in Chief hath wrought, we have at least gotten CJ Roberts.
 

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