Law freedom-of-speech1

Published on September 4th, 2013 | by Gary DeMar


Court Ruling Could Nullify First Amendment

Judge Michael Ponsor has ruled in Sexual Minorities Uganda v. Lively (2013) that Scott Lively, through his talks in Uganda in opposition to homosexual behavior was in fact “aiding and abetting a crime against humanity.”

Lively, an evangelical pastor, was sued in a Massachusetts federal court by a foreign group called Sexual Minorities of Uganda (SMUG) based on provisions in the Alien Tort Statute (ATS). If this decision is upheld, every foreign group with a grievance will appeal to the ATS and inundate our courts with claims of injustice, and the First Amendment will not offer any protection.

Judge Posnor went on to write in his 79-page ruling that Lively’s anti-same-sex views can be compared “to that of an upper-level manager or leader of a criminal enterprise.” They are, according to Judge Ponsor, “analogous to a terrorist designing and manufacturing a bomb in this country, which he then mails to Uganda with the intent that it explode there.”

So speaking out against behaviors that only recently in the United States have been deemed lawful is akin to genocide?

We’ve seen this type of leftist logic before, and it’s not surprising that it came from a judge who was supported for the bench by John Kerry and Ted Kennedy and appointed by Bill Clinton. Soon after Timothy McVeigh bombed the Alfred P. Murrah federal building in Oklahoma City in April of 1995, some on the left of the political spectrum blamed “anti-government rhetoric” for the assault. Supposedly “hateful” speech directed at politicians had incited a cadre of “right-wing” extremists to put words into explosive action.

A similar blame-game tactic was tried by then Sen. Tom Daschle (D-SD) after the loss of the Senate to the Republicans in the 2002 mid-term elections. He blamed “talk radio,” and compared American “fundamentalists” to Islamic extremists. He claimed that critical talk about certain politicians and their policies could lead to a hostile environment that could spur people to violent acts. Daschle offered no empirical evidence to back up his claim.

On the 15th anniversary of the Oklahoma City bombing, former President Clinton once again tried to make the connection between speech and domestic terrorism. The following is the reaction from a New York Post editorial:

“[Clinton drew] implicit parallels between bomber Timothy McVeigh and peaceful — if rambunctious — political dissent like the Tea Party movement. … Like we said: shameless.”

What about Judge Ponsor’s claim that speaking out against homosexual behavior is akin to “aiding and abetting a crime against humanity”? Is there such a thing in the world today? We kill about 1.2 million pre-born babies in America each year, but this is not a crime against humanity.

Texas State Senator Wendy Davis gets a multi-page spread in Vogue because she spoke passionately in defense of permitting the killing of late term pre-born babies.

“The article makes no mention of how, during a speech and press conference last week, Davis called abortion ‘sacred ground’ and indicated she may run for governor. Later, she indicated she thinks pro-life women ‘don’t understand’ abortion and she showed she has no understanding of the Kermit Gosnell case.”

Nothing is said about how the Southern Poverty Law Center’s claim that Family Research Council is a hate group influenced a pro-homosexual man to shoot up the organization and kill the employees.

Maybe we can deduce that President Obama’s pro-Muslim Brotherhood rhetoric has led to the destruction of Christian churches in Egypt and the persecution of Christians.

“Across Egypt, at least 60 churches have been targeted, along with Christian schools, homes,businesses and even an orphanage, according to conservative estimates. In the areas of Minya, Beni Suef, Fayoum and Assiut, Christian homes and businesses have received leaflets warning them to leave or face reprisals by Islamists, Christians said.”

A man speaks about the immorality of certain sex acts, and he’s “aiding and abetting a crime against humanity”? Judge Posnor’s ruling, if it stands on appeal, is one of the most dangerous decisions ever to come from the bench.

“The Liberty Counsel has insisted that Lively exercised ‘nothing more than civil, non-violent political discourse in the public square on a subject of great public concern, which occupies the highest rung of First Amendment protection.’”

If higher courts on appeal disagree, the days of free speech for conservatives are over.

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About the Author

Gary is a graduate of Western Michigan University (1973) and earned his M.Div. at Reformed Theological Seminary in 1979. He is the author of countless essays, news articles, and more than 27 book titles, His most recent book is Exposing the Real Last Days Scoffers. Gary lives in Marietta, Georgia, with his wife, Carol. They have two married sons and four grandchildren, Gary and Carol are members of Midway Presbyterian Church (PCA).

15 Responses to Court Ruling Could Nullify First Amendment

  1. Arrow says:

    My car broke down this morning. It’s the Constitution’s fault, because it does not contain information on the best lubricants for internal combustion engines.

  2. Chris says:

    Gary DeMar: “A man speaks about the immorality of certain sex acts, and he’s “aiding and abetting a crime against humanity”? Judge Posnor’s ruling, if it stands on appeal, is one of the most dangerous decisions ever to come from the bench.

    ” ‘The Liberty Counsel has insisted that Lively exercised ‘nothing more than civil, non-violent political discourse in the public square on a subject of great public concern, which occupies the highest rung of First Amendment protection.’

    “If higher courts on appeal disagree, the days of free speech for conservatives are over.”

    What do you expect from a pagan judge in a pagan nation?

    It’s the 1st. Amendment (along with the constitution itself) that’s the problem, not the solution (nor is hoping for “higher courts” to make things right).   That’s what allows all these anti-Christ’s Law Judges to rule this way in the first place.

    Knowingly or unknowingly, they worship a different “god” (i.e., practice, rule on and enforce another god’s laws), but NOT The God Of the Holy Scriptures.   “Be ye not unequally yoked with unbelievers.”

    This Constitution opened the door and allowed over time, by gradual increments via the legislative process provided therein (i.e., deciding “good and evil”), for His people to turn from their Christian ways and become, in essence, a pagan nation.  If you don’t think so, just look around at all the symbols your rulers display, in your face.

    Here’s just a couple of example of the numerous pagan symbols that most think nothing of:

    What do you think that big male erection (The Obelisk, Phallic Symbol) in the District of Criminals by the pool is doing there, just a nice decoration for the Park ?!   How about the layout of D.C. ?!How about the female goddess in the harbor ?! 

    Moreover, this decision comes from a court system symbolized by the Roman goddess Justitia (just to let you know what system of law you’re really under), with judges (i.e. “unbelievers”) in those wicked Admiralty/Maritime/Roman Civil law courts bearing her symbol (, that plague our nation with corruption like a cancer ! 

    And you expect these judges to judge righteously ??    How’s that been workin’ out so far ?

    The only solution for this nation is to turn back to Him, His Laws, Statutes and Judgments, His Kingdom/Will on earth.

    • Arrow says:

      “Few things are more commonly misunderstood than the nature and meaning of theocracy. It is commonly assumed to be a dictatorial rule by self-appointed men who claim to rule for God. In reality, theocracy in Biblical law is the closest thing to a radical libertarianism that can be had.”

      “What we today fail to see, and must recapture, is the fact that the basic government is the self-government of covenant man; then the family is the central governing institution in Scripture. . . . Civil government must be one form of government among many, and a minor one.”

      “The state in Scripture is a minimal institution, and so too is the church as an institution. The rule of God’s law is essentially through the lives of men as they apply their faith, and as they create tithe agencies to govern various areas and needs. Where faith wanes, then theocracy wanes.”

      -RJ Rushdoony

  3. RedMeatState says:

    What kind of C R A P is this??? How can a court ruling override the Constitution? What could possibly give any court, ANY COURT, precedence to overrule the STANDARD OF LAW and of CONDUCT of government offices as if they can become a law unto themselves and indeed IGNORE the very standards that they’re limited to operate within??

    No, absolutely NO!! Any court that would usurp and violate ANY section of the Constitution, but especially the first 10 Amendments that established absolute prohibitions against government encroachments of power against the People or the States would make the court a criminal exchange and an enemy of the people and its rulings must become null and void!!!

  4. Brian says:

    Notice the silence from our leaders in congress. Both Republican and Democrat.

    • Arrow says:

      They are just there for the pension and personal influence, why would it bother them?

  5. Krhoads says:

    An equally scary event occurred in Germany recently. They seized children because a Christian “sect” was spanking its kids.

  6. Cogitarus says:

    The courts today are clearly filled with men and women who know nothing of virtue, morality or justice. Almost everything they do “in the name of justice” undermines all three. The results of which is a tyranny over the conscience and minds of mankind.

  7. Chuck Teal says:

    Perhaps someone should ask Judge Posner; if talking against homosexuality is “aiding and abetting a crime against humanity,” what is it when someone is actively promoting abortion? Or euthanasia?

    What do you say to that, Judge? Judge?? Hello?

  8. Dam says:

    The courts are small groups of individuals, detached from the will of the people. Recently, they have become conduits of left wingers, executing policy when the vote could not. It’s time for pushback. Let them enforce their paper tiger edicts.

  9. Dave says:

    I think I remember reading somewhere that in the end of time people will call good evil and evil good. Seems like we must be getting close to the end.

    • Michael Paul Tuuri says:

      It’s the escapist attitude represented in this “seems like we must be getting close to the end” nonsense that has infected the people of God since at least the advent of the Darbyites in the 1820′s that is the real reason behind all of this evil coming our way. Because the Church has become weak and effeminate in its theology and eschatology, our nation…indeed, our world…has been temporarily ceded to Satan and his minions. Not to worry…the judgment on our land is a judgment primarily on the people of God, and it will only get worse until God’s people repent of their failure to recognize that we have a theocracy in Christ, and it is our job to manifest it.

      • Alex Alexander says:

        1820s… NOT 1820′s.
        Eighteen-Twenties (of the Eighteen-Twenties).
        As opposed to… Eighteen-Twenty’s (of Eighteen-Twenty).

        Apart from that: AMEN! Absolutely right.
        Alex (the pedant) A
        UK (Mother country of correct English grammar, syntax and punctuation)

        • Alex Alexander says:

          Boy, do mis-applied apostrophes IRRITATE me!!!
          I should probably get out more, now that I think about it…

      • Michael Earl Riemer says:

        I think you are right. God’s judgment on the U.S. (most likely the Church) just might get real unpleasant.

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