The following is excerpted from a
press release
at: http://aclumich.org/issues/free-speech/2009-03/1349
DETROIT – On March 18, a diverse group of religious organizations, law professors and free speech advocates submitted three friend-of-the-court briefs condemning the imprisonment of a Benton Harbor minister sentenced to 3-10 years for writing an article criticizing a judge. Rev. Edward Pinkney, represented by the American Civil Liberties Union of Michigan, paraphrased the Bible in his article and predicted what God might do to the judge who presided over his case.
“We are thrilled with the overwhelming support from the religious community, constitutional scholars and free speech organizations,” said Michael J. Steinberg, ACLU of Michigan Legal Director. “The groups persuasively argue for the fundamental American principle that a preacher cannot be thrown in prison for his religious speech even if some find it offensive.”
The three briefs were filed in the Michigan Court of Appeals by more than a dozen national and local faith-based organizations; a group of Michigan law professors who teach and research in the area of First Amendment protections, civil rights, criminal law, and constitutional law; and the Thomas Jefferson Center for the Protection of Free Expression.
• The religious freedom brief represents the views of a wide array of religious and faith-based groups including: the National Association of Evangelicals, the American Jewish Congress, the Christian Legal Society, the Baptist Joint Committee for Religious Liberty, the Becket Fund for Religious Liberty, the Liberty Legal Institute, the General Assembly of the Presbyterian Church, the National Baptist Convention, the African Methodist Episcopal Zion Church, the Gamaliel Foundation, the American Baptist Home Mission Society, the Samuel DeWitt Proctor Conference, and Rev. Harry T. Cook.
According to the brief, Rev. Pinkney’s article is “a textbook example of one important rhetorical and theological tradition within both Christianity and Judaism… Quoting scripture is core religious speech; the Framers of the First Amendment could not have imagined that it would ever be a criminal offense to quote scripture.”
• The professors’ brief represents the views of 18 law professors. The brief explains that under well-established constitutional law, Rev. Pinkney’s newspaper editorial could not be the basis for punishment in a court of law. “In this country, under this Constitution, and on this Court’s watch,” they explained, “he must not be imprisoned for speaking his conscience.”
• The Thomas Jefferson Center for the Protection of Free Expression argued in its brief that Rev. Pinkney’s editorial was not a “true threat” under well-established First Amendment law. “In finding that Rev. Pinkney’s newspaper editorial violated his conditions of probation, the lower court punished speech at the core of First Amendment protection: public criticism of the judiciary.”
Rev. Pinkney is an associate pastor at the Hopewell Baptist Church and is the founder of the Black Autonomy Network Community Organization (BANCO). He has long been an outspoken community activist and advocate, frequently denouncing injustice and racial inequality in Benton Harbor.
In 2007, Rev. Pinkney was sentenced to probation for violating Michigan election law. However, he was resentenced to 3-10 years in prison solely because of an article he wrote for a small Chicago newspaper. Quoting a passage from the Bible, Rev. Pinkney predicted that God would punish the judge unless he “hearken[ed] unto the voice of the Lord thy God to observe [and] to do all that is right.” Rev. Pinkney also expressed his opinion in the article that the judge was racist, dumb, and corrupt.
In representing Rev. Pinkney on appeal, the ACLU of Michigan argued that the statements made in his newspaper editorial, while offensive to many, are clearly protected speech under the First Amendment.
Community Speaks Out
“The
First Amendment was designed to protect ministers speaking religious
truth to political power. From the colonial preachers who decried
British tyranny, to the abolitionist ministers of Massachusetts to
Martin Luther King Jr., our country has a proud history of allowing
ministers to hold government officials to account. A court can’t punish
someone for saying that the judge broke God’s law.” — Eric Rassbach,
Becket Fund National Director of Litigation
“Religious groups, law professors, free speech advocates, over 1000 pastors from around the country, have stood up and condemned Berrien County, as has the Catholic Church all the way to Rome Italy. It is obvious the ministers in Benton Harbor, including Berrien County, do not know the word of GOD. Shame on you who call who call yourself a Pastor.” — Rev D. Smith
“Reform is not something you wish for. It is something you work for. It’s writing to editors, showing up at rallies and hearings, recruiting others to write and show up, registering the poor to vote. Your enemies have no trouble at doing this simple work, which is why they carry the jailers keys.”— Dorothy Pinkney
“It’s a dirty shame that Benton Harbor’s dumb commissioners are allowing U.S. Rep. Fred Upton, Whirlpool, Harbor Shores and Cornerstone allegiance to steal land from our children. Federal regulators approved a controversial land swap and golf development without full knowledge of the contamination on land involved. We demand Whirlpool stop privatization of Benton Harbor and Jean Klock Park. We are asking the U.S. Army Corps of Engineers to revoke the project permits because of the contamination cover-up by Whirlpool.”
— Sandra Little
“This week, in Berrien County, a man stood on the Napier bridge and held a gun to his mouth. The husband of a couple who were loved by the church, “First Assembly Of God,” and its community killed his wife and then set their home, car, everything on fire. There were over 30 suicide atempts here within one week and some were successful. All because people are out of jobs, corporations, corruption. People are feeling without hope. We are all living in a world where we need Jesus Christ. But our communities need change and people need to stand up for justice.” — Lenette Evans
“Religious groups, law professors, free speech advocates, over 1000 pastors from around the country, have stood up and condemned Berrien County, as has the Catholic Church all the way to Rome Italy. It is obvious the ministers in Benton Harbor, including Berrien County, do not know the word of GOD. Shame on you who call who call yourself a Pastor.” — Rev D. Smith
“Reform is not something you wish for. It is something you work for. It’s writing to editors, showing up at rallies and hearings, recruiting others to write and show up, registering the poor to vote. Your enemies have no trouble at doing this simple work, which is why they carry the jailers keys.”— Dorothy Pinkney
“It’s a dirty shame that Benton Harbor’s dumb commissioners are allowing U.S. Rep. Fred Upton, Whirlpool, Harbor Shores and Cornerstone allegiance to steal land from our children. Federal regulators approved a controversial land swap and golf development without full knowledge of the contamination on land involved. We demand Whirlpool stop privatization of Benton Harbor and Jean Klock Park. We are asking the U.S. Army Corps of Engineers to revoke the project permits because of the contamination cover-up by Whirlpool.”
— Sandra Little
“This week, in Berrien County, a man stood on the Napier bridge and held a gun to his mouth. The husband of a couple who were loved by the church, “First Assembly Of God,” and its community killed his wife and then set their home, car, everything on fire. There were over 30 suicide atempts here within one week and some were successful. All because people are out of jobs, corporations, corruption. People are feeling without hope. We are all living in a world where we need Jesus Christ. But our communities need change and people need to stand up for justice.” — Lenette Evans
This article originated in the People's Tribune
PO Box 3524, Chicago, IL 60654, 773-486-3551, info@peoplestribune.org.
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