Retroactive Immunity

The government is stomping on the fourth amendment, in case you hadn't heard.

Telecommunication companies that helped the government tap phones and listen in on the private conversations of Americans without a warrant are now being sued for their actions. Around 40 lawsuits have been filed against these companies because these actions are illegal based on the fourth amendment, which states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Sounds good, right? Upholding the Constitution and whatnot.

Unfortunately for the constitution, a bill has passed in the House and is now sitting in waiting in the Senate that will give retroactive immunity to these telecom companies because Bush told them to do it. According to this Reuters article, the suits stem from their participation in a warrantless electronic surveillance program Bush secretly began shortly after the Sept. 11 attacks.

Again from Reuters, critics also charge Bush violated the 1978 Foreign Intelligence Surveillance Act (FISA) in authorizing the spy program without court approval. He maintains he had the wartime power to do it. But in January 2007 he put the program under FISA court jurisdiction.

Where does this leave us?

JT, Ryan, and I recently attended a City Council meeting in our hometown of Springfield, MO. At the beginning of the meeting a prayer was read.

We don't want to destroy any dialog with city council, but we all agreed that a prayer before a city meeting was an obvious violation of the First Amendment.

There is a set of questions that you have to ask to determine if a law/practice/proposal is respectful of the First Amendment. Referred to as the Lemon Test, it goes like this:

1. The government's action must have a secular legislative purpose;
2. The government's action must not have the primary effect of either advancing or inhibiting religion;
3. The government's action must not result in an "excessive government entanglement" with religion.

If nothing else, a prayer before a meeting seems to directly kick the second statement in the teeth. Of course a prayer would advance the religion it was born from.

Or so I thought.

I was checking on the ACLU's website this morning... hoping to find a court ruling that already had shot down prayer before a city council meeting. What I found was an article by the ACLU saying that the prayer had to be non-sectarian.

It referenced several rulings, including Allegheny v. ACLU, and Rubin v. City of Burbank. Basically, they are allowed to say prayers, as long as they don't specifically reference any certain Gods.

While this is a great stride for the various religious sects, the ruling leaves us atheistic types out in the cold. In the rare case where an atheist has been allowed to lead the prayer or invocation before a meeting, the council has not stood by the Supreme Courts ruling.

In Tampa three council members walked out when an atheist signed up to lead the prayer. In Charleston seven council members couldn't deal with an atheist leading the invocation.

Where does this leave us? The Supreme Court has ruled that sectarian prayers or invocations are allowed. And yet, it is obvious that we could never expect to hear a invocation that is not intended to be a prayer to a higher power which we do not believe in. Is the right to NOT believe protected by our First Amendment, or has that slipped away from us??

The Craig County School Board saga continues...

If you recall, there is some scrimmage going on over in Virginia. The Craig County School Board is considering a Bible class. Yep... a course in the public school focusing on the Good Book.

So... I sent the school board that nice little note requesting that they also teach a course on The Gospel of the Flying Spaghetti Monster. I noted that I would understand if the Church of the Flying Spaghetti Monster needed to share time with The Bible. At least that way the children could be exposed to the good news of Beer Volcanoes and Stripper Factories, while hearing boring stories of resurrection and capital punishment.

Here is the response I received:

I regret to inform you that you have been misled, as evidenced by your message below. Mr. Gordon is "Interim Superintendent", not "Superintendent".

Aside from that, I wish to express my deep appreciation for your input in the matter of teaching a course on the Bible. I consider myself to be open-minded and endeavor to be fair in all my pursuits, but most especially in serving as a member of the Craig County School Board. I must profess, however, that I have been completely ignorant of the Pastafarian religion. Suddenly many things begin to make sense-- I have often noted that some of my friends seemed to worship pasta. Perhaps they felt inhibited from expressing the true roots of their devotion, since so many practitioners of other faiths tend to be more vocal. In particular, I often am beseiged by members of the Chocolatalians, who believe there is nothing more omnipotent, more able to show the One True Path than the great Cocoa Puff in the sky.

My own religious beliefs are not at issue here. Rather, it is whether any curriculum funded by the taxpayer adheres to constitutional mandates, whether the school system has the resources to provide for the course to be taught, whether the curriculum adequately supports the mission of the school (praise to thee, oh SOLs), whether sufficient students choose to attend and make it cost-effective, and whether acceptance of one such program opens the door to many others. This latter prospect has the potential not only to strain resources, but to engender competitiveness between proponents of various courses for scarce resources and student attention. I also hope that proponents are comfortable that equal time and funding may be allocated to perspectives at odds with their own.

Courses in religious literature and comparative religion are of great value in any educational setting. These have a profound impact on our world, past-present-future. But they must be inclusive, unbiased, and factual. Although I would like to give the Pastafarians a fair opportunity to present their case, I find it hard to believe that there will not be some inherent bias, even within the community of pasta worshippers, by lasagne advocates against mere spaghetti believers. Until I have a chance to review any proposed curriculum in detail and have it vetted by the School Board Attorney, the ACLU, and Mama Mia herself, I will have to respectfully abstain from supporting the implementation of the course you are requesting.

Meanwhile, I believe you can accomplish your goals quite sufficiently via extracurricular activities, to which I hope I will be invited to attend. I will have to beg forgiveness if I accidently eat your God, as I am a die-hard spaghetti fan and usually evidence my pasta worship by devouring the subject.

Please let me know if I may provide any additional information regarding this matter.

Best wishes,

Dawna Clephas McDowell
Vice Chair,
Craig County School Board

I took this response to be supportive. Therefore, I responded with this letter:

Ms. McDowell,

I am so glad to hear that a member of the Craig County School Board understands the importance of the inclusion of all religions, especially a discussion of the worship of the Flying Spaghetti Monster. If religion is going to be placed in the high school curriculum, it becomes vital that the message of the Church of the Flying Spaghetti Monster is represented.

I must concede that the pesky little document we refer to as "The Constitution" offers plenty of support to those who would request that we keep our personal religions out of the backpacks of public school students, or only present them as a course in comparative religions.

However, as long as we are going to push for a specific religious text to be given special attention in a public school, I believe it is vital we look at The Gospel of the Flying Spaghetti Monster. If we expose children to the text of a random religion (based purely on the majority's whim), without giving them exposure to the text of the Pastafarians, I believe that it is highly probable that they would assume that the initial religion was the one that the public schools supported, and this could greatly influence their belief system.

Therefore, we will be keeping close tabs on this issue as it progresses.

Thank you for your support on this issue.
May the Flying Spaghetti Monster look down with grace upon you.

In solidarity,

-Amber Culbertson-Faegre

P.S. Eating pasta is one of the methods of worship of the Flying Spaghetti Monster, so you are perfectly fine in enjoying Spaghetti. It is our sacrament, and his way of supporting us in our daily lives. =D

We have to stay strong. Get the Flying Spaghetti Monster back in the public school classrooms where He belongs.

ThoughtCrime

Teh Juggernauts are a pretty diverse group of kids, in some ways. I feel safe saying that we all strive towards the goal of a world where reason trumps blind faith, and where the definition of morality has become the alleviation of human suffering. The way that we attempt to embody that goal, however, varies greatly from pirate to pirate.


Some of us are vegetarians, while others support hunting and fishing.

Some of us vote in every election, while others protest the elections, and refuse to vote.

Some stand behind Obama, both with our single votes and our campaign efforts, while others see third-party votes as the only conscionable choice.

We all, however, fight for change in the ways we feel most apt to breed success. We have started campus groups, passed out fliers, hosted benefit concerts, registered voters, voiced opposition to those who would voice bigotry and oppression, wrote in to the local media, attended and organized protests, held banners, attended marches, and raised money for charities.

We all stand for a change that the current political administration is resistant towards. It is very likely that at least three of us have "files", limited biographies that we will never read. I wonder, occasionally, what they say.

A friend of mine was able to see her file once, a few years ago. It read that she should be observed, as she was a "known anarchist".

Oh, crap, son! Watch out!

A belief system has now become adequate reason to follow someone?

I like to imagine that mine reads that I am a "known Pirate".

Anyways... cue the ominous music.

This article just came out in the Portland IMC.

Paul Carroll was riding his bike when his cell phone vibrated.
Once he arrived home from the Hennepin County Courthouse, where he'd been served a gross misdemeanor for spray-painting the interior of a campus elevator, the lanky, wavy-haired University of Minnesota sophomore flipped open his phone and checked his messages. He was greeted by a voice he recognized immediately. It belonged to U of M Police Sgt. Erik Swanson, the officer to whom Carroll had turned himself in just three weeks earlier. When Carroll called back, Swanson asked him to meet at a coffee shop later that day, going on to assure a wary Carroll that he wasn't in trouble.

Carroll, who requested that his real name not be used, showed up early and waited anxiously for Swanson's arrival. Ten minutes later, he says, a casually dressed Swanson showed up, flanked by a woman whom he introduced as FBI Special Agent Maureen E. Mazzola. For the next 20 minutes, Mazzola would do most of the talking.

"She told me that I had the perfect 'look,'" recalls Carroll. "And that I had the perfect personality—they kept saying I was friendly and personable—for what they were looking for."

What they were looking for, Carroll says, was an informant—someone to show up at "vegan potlucks" throughout the Twin Cities and rub shoulders with RNC protestors, schmoozing his way into their inner circles, then reporting back to the FBI's Joint Terrorism Task Force, a partnership between multiple federal agencies and state and local law enforcement. The effort's primary mission, according to the Minneapolis division's website, is to "investigate terrorist acts carried out by groups or organizations which fall within the definition of terrorist groups as set forth in the current United States Attorney General Guidelines."

Carroll would be compensated for his efforts, but only if his involvement yielded an arrest. No exact dollar figure was offered.

"I'll pass," said Carroll.

For 10 more minutes, Mazzola and Swanson tried to sway him. He remained obstinate.

"Well, if you change your mind, call this number," said Mazzola, handing him her card with her cell phone number scribbled on the back.

I'll let that sink in a minute.

...

We are being watched and observed. We have done nothing wrong. We actually stand up for the founding documents of this country, and yet somehow we have been labeled as the traitors.

The terrorists we hear about on the news are men in the Middle East, who have bombs strapped to their chests.

Why is the FBI wasting money searching for the terrorists who attend VEGAN POTLUCKS??

Could it be, just perhaps, that they are not looking for those who are willing to commit terrorist acts against this country, but simply those who would commit ThoughtCrime against an administration who has repeatedly trampled upon our Constitution?

"Dissent is the highest form of patriotism" - Howard Zinn

FSM STATUE?? ZOMG!!

Crossville, Tennesse recently (March, 2008) erected a statue of the Flying Spaghetti Monster near their courthouse. It seems the courthouse has decided to allow anyone and everyone to apply for permits to erect statues on the front lawn. The FSM stands beside a Jesus, a Statue of Liberty, and a Moses Statue, as well as chain-saw carved bears.

Rock the fuck on.

EDIT:

According to Justin, Laughing Squid recently blogged about it.

A local news crew did a story on it, as well.

All eyes are on you, Governor Kaine.

The executions of those who trespass against the norms of a society have been present for, well, as long as we have formed societies. The trespasses that warrant execution, however, change and sway with time.

In 2002, in Atkins v. Virginia, the United States Supreme Court ruled that you had to be mentally competent to be executed.

Their exact wording was that the "executions of mentally retarded criminals are “cruel and unusual punishments” prohibited by the Eighth Amendment."

I just received an "Urgent Action Appeal" from Amnesty International. It was asking me to write to Virginian Governor Tim Kaine, asking him to stay the execution of a young man who is obviously incapable of understanding the reason for his punishment.

Levar Walton (a black man) was 18 when he killed an elderly white couple and another young black man in his hometown of Danville, Virginia, in 1996.

Walton had a long history of mental illness. He had been displaying signs of severe schizophrenia since he was 16. Before, during, and after the trial, the following took place:

• He told his family that he was "The Queen Bee", "Superman", and "Jesus Christ".
• He explained that he would come back to life as soon as he was executed, and that he would be able to bring his diseased grandfather back to life with him.
• His lawyer testified that "Levar Walton did not meaningfully assist us in preparing a defense... There were occasions where we could not tell whether he understood what we were saying to him." He also said that they "were unable to convince Mr. Walton that he would not come back to life", if executed.
• Psychologists suggested that Walton should be placed in a secure mental health facility.
• According to the Amnesty International message... When "asked whether he would plead guilty or not guilty, he refused to speak, but responded by writing the word "chair" on a piece of paper."
• Since conviction, the prison hospital has described him as "floridly psychotic".
• Six judges agreed that they had "substantial evidence that Percy Levar Walton does not understand that his execution will mean his death, defined as the end of his physical life."

This (obviously incompetent) young man is scheduled to be executed on June 10th, 2008.

I just sent the following message to the Governor of Virginia.

Dear Governor Tim Kaine,

I am writing you in regards to the pending execution of Levar Walton.

I understand that Levar Walton has been convicted of a horrendous crime. My strongest condolences go out to the friends and families of Elizabeth and Jesse Hendrick and Archie Moore. He should be detained, and incapacitated.

However, I face great concern with regards to the method of incapacitation. When considering Levar Walton’s long-term history of mental competency, it seems that he is incapable of understanding the reason (or severity) of this punishment. He is severely schizophrenic, and is not cognitively able to understand his punishment. He has repeatedly expressed the belief that he will be resurrected immediately following his sentencing, and his lawyers have stated that they do not believe that he understands the punishment he faces.

There is legal precedent set that would support the decision to stop the execution of Levar Walton. In their decision on Atkins v. Virginia the Supreme Court decided that it was cruel and unusual punishment, and therefore in violation of the eighth amendment, to execute those who were mentally retarded. Also, your predecessor Governor Gilmore previously stopped the execution of Calvin Swann, based on a very similar case of schizophrenia.

The foundation of a civilized society is compassion for its members which cannot be considered competent. It is the human desire to care for one another. I urge you to use your powers as Governor, and stop the execution of Levar Walton. It is the only ethical and legal decision possible.

Thank you,

-Amber Culbertson-Faegre

I urge you all to take 5 minutes, and send a similar email. Copy and paste mine, for all I care. Just let this man know that all eyes are on him, and that he needs to consider his decision carefully.