Victory! Fluvanna blogger vindicated for use of county seal

Fluvanna County supervisors were wrong when they passed an ordinance preventing a local blogger from using the county seal. A federal judge ruled that 23-year-old Bryan Rothamel’s First Amendment rights were violated.

It was a bizarre case to begin with -- after all, don't the citizens of a county "own" the seal, not the supervisors? Alerted by Shaun Kenney, a long-time blogger, Bearing Drift colleague, and vice chairman of the board of supervisors, the Rutherford Institute stepped in to defend what appeared to be clearly a First Amendment violation.

In January I wrote in the Washington Examiner:

It all began when a local blogger, 23-year-old Bryan Rothamel who writes The FLUCO Blog, used the county seal on articles he wrote to keep the community updated about supervisor meetings, activities, and decisions. The problem, according to the supervisors, was that he didn't have permission to use the county seal to illustrate those posts and, they added, he was using the seal to "advertise his product."

To rememdy the problem, in September the board made it a Class 1 misdemeanor to violate the law punishable by up to 12 months in jail and/or a fine up to $2,500, noting that "[n]o person, entity or organization shall exhibit, display, or in any manner utilize the seal or any copy, replication, facsimile or representation of the seal, . . ., unless such use shall have been expressly authorized by the board of supervisors."

Kenney was the lone vote against the new law, according to Tasha Cates at the The Daily Progress:

[Kenney] said that he thinks the ordinance was a “remedial action” against the blogger for writing something that a supervisor didn’t agree with.

“This seems like a simple First Amendment, slam dunk, common sense situation,” Kenney said. “I’m still appalled, with all of the other issues facing us in Fluvanna County, that somehow we chose to focus on this.”

Now Charlottesville's Rutherford Institute, a civil liberties organization, has come in to represent the blogger, filing a lawsuit on his behalf as noted by their president on the website:

"Criminalizing First Amendment activities is a grotesque violation of our constitutional right to free expression," said John W. Whitehead, president of The Rutherford Institute. "Government officials should know better. Such censorship has no place in a free society."

Was Mr. Rothamel singled out by the supervisors? Other news organizations routinely use the county seal when writing about Fluvanna.

Read more from Sharon C. Fitzgerald's updated article at The Daily Progress.


Cross-posted at Bearing Drift

Fluvanna sued to make county seal accessible to citizens

From the Washington Examiner....

By: Lynn R. Mitchell | Special to the Examiner Follow Her @swacgirl | 01/11/11 3:12 PM

 

A First Amendment battle is brewing in Fluvanna County, Va, where a vote from the board of supervisors, minus Vice Chairman Shaun Kenney, has enacted a law to prevent citizens from using the image of their county seal on publications.

It all began when a local blogger, 23-year-old Bryan Rothamel who writes The FLUCO Blog, used the county seal on articles he wrote to keep the community updated about supervisor meetings, activities, and decisions. The problem, according to the supervisors, was that he didn't have permission to use the county seal to illustrate those posts and, they added, he was using the seal to "advertise his product."

To rememdy the problem, in September the board made it a Class 1 misdemeanor to violate the law punishable by up to 12 months in jail and/or a fine up to $2,500, noting that "[n]o person, entity or organization shall exhibit, display, or in any manner utilize the seal or any copy, replication, facsimile or representation of the seal, . . ., unless such use shall have been expressly authorized by the board of supervisors."

Kenney was the lone vote against the new law, according to Tasha Cates at the The Daily Progress:

[Kenney] said that he thinks the ordinance was a “remedial action” against the blogger for writing something that a supervisor didn’t agree with.
“This seems like a simple First Amendment, slam dunk, common sense situation,” Kenney said. “I’m still appalled, with all of the other issues facing us in Fluvanna County, that somehow we chose to focus on this.”

Now Charlottesville's Rutherford Institute, a civil liberties organization, has come in to represent the blogger, filing a lawsuit on his behalf as noted by their president on the website:

"Criminalizing First Amendment activities is a grotesque violation of our constitutional right to free expression," said John W. Whitehead, president of The Rutherford Institute. "Government officials should know better. Such censorship has no place in a free society."

Was Mr. Rothamel singled out by the supervisors? Other news organizations routinely use the county seal when writing about Fluvanna.

The Richmond Times-Dispatch noted the controversy and had a suggestion for the Fluvanna Board of Supervisors:

A fitting restitution would include having the Fluvanna supervisors (Kenney excepted) attend a remedial class on free speech, and the government's responsibility toward it — which entails protection, not suppression.

Mr. Rothamel, through The Rutherford Institute, is asking that the new law be declared unconstitutional and a violation of the First Amendment, and that he receive compensation for damages and attorneys' fees. Meanwhile, first amendment supporters are watching this case as others join in to challenge Fluvanna County.

Free speech won ... this time

Adam Bitely reported the ruling (congrats on being linked by Michelle Malkin):

In a closely watched decision that came out earlier today, the U.S. Court of Appeals for the District of Columbia ruled in a 3-0 decision that the Federal Communications Commission does not have legal authority to enforce Net Neutrality regulations on Internet Service Providers.

He adds:

For those that are unfamiliar with Net Neutrality, you should watch this great video from Reason.tv.

Neil Stevens at Red State also covers it, writing:

Judge David Tatel, Clinton appointed successor of now-Justice Ruth Bader Ginsburg, wrote for the court that since even the FCC acknowledged it had no “express statutory authority” to go after Comcast for regulating use of Bittorrent on its network, the Commission had to show that the regulation was “reasonably ancillary” to the authority it does have. The FCC did not, and so the FCC’s order to Comcast has been thrown out.

The red alert sent up by all of them is the same: Do not let your guard down because the liberal progressives will come after those First Amendment rights again or, as Adam puts it:

Don't expect progressives to give up on Net Neutrality now because of a court ruling. At this time, more than ever before, we should be keeping a watchful eye on what they do next to sneak these Internet regulations through. Progressives never take no for answer.

American unrest ... the summer of 2009 -- dozens of links

~Obama has awakened a sleeping giant ... conservative blogs shift into high gear~

Nothing like a community organizer to get a group together. Barack Obama aka "President Community Organizer" has done a marvelous job of rallying conservative bloggers and Americans to speak out against his proposed monstrosity aka the socialized health care bill.

Everywhere you look in the blogosphere, there are articles about citizens protesting, the White House ordering to punch back twice as hard, union thugs showing up and causing violence, and general unrest in American.

Here are links to a tiny portion of what is being written about socialized health care protests. Check back often and send your links ... the list will be added to on a regular basis.

- RedState blog - Erick Erickson: Democratic National Committee accuses Eric Cantor of stoking Nazism
- Terdium Quids blog: MoveOn wants to get ugly with townhall protesters
- United Conservatives: I am The Mob
- Virginia Right blog: White House tells Dems punch back twice as hard looking to incite violence
- 84 Rules blog: Obama's SEIU Thugs Attack A Black Conservative
- Fishersville Mike blog: Rove on health care reform
- 84 Rules blog: White House "snitch program" - a violation of the law?
- Yankee Phil blog: Racist beats black at townhall meeting
- The Journey blog: Something to think about
- Dogwood Pundit blog: Shhhh ... the White House is watching
- Delmarva Dealings blog: Want to talk to Sen. Ben Cardin? Make a reservation
- PW Conservative blog: Look at all these awful well-dressed protesters
- SWAC Girl blog: Americans for Prosperity: HANDS OFF MY HEALTH CARE
- American Power blog: "Disinformation": The GOP's new ad on health care
- Bearing Drift blog - Jane: Down at the mob-n-rabble big box store
- Edgycater blog: Black Patriot Beaten By Union Thugs--Is This What Obama Was Calling For?
- NY Gathering of Eagles blog: SEIU hires Illegal Aliens to do the Astroturfing Real Americans Won’t
- Michelle Malkin: How to dress like an "authentic" grass-roots activist
- The Washington Examiner: Mr. President, Americans are not an angry mob
- Fox News: Townhalls turn violent in Tampa and St. Louis
- Politico: White House to Democrats: Punch back twice as hard
- National Review: In pursuit of the Silent Majority
- The Hill: Local GOP plans pep rally for Dem Congressman's townhall
- Little Green Footballs - Gatorbait: Krauthammer: A better plan for health care reform
- Hot Air - Allahpundit: Daniel Hannan on ObamaCare: Are you people insane?
- Physicians jam townhall in Houston: "Don't want nationalized health care"
- YouTube Video: Union thugs in Tampa
- Washington Examiner - Mark Tapscott: Angry Mobs Department - That was then, this is now
- YouTube Video: Six arrested at St. Louis townhall

- Dallas News: Sen. Cornyn: White House compiling Enemies List
- Video: AARP officials walk out of meeting, refuse questions concerning ObamaCare from angry seniors
- Breitbart video: Obama doesn't want folks who created the mess to do a lot of talking
- Washington Examiner: Townhall violence -- by Obama supporters
- Washington Examiner - Byron York: The empty words of a journalist turned flack
- Washington Examiner - Mark Tapscott: New email endorsement shows AARP going all-out for Dems, Obamacare
- Bobby Eberle: Watch out! Obama is creating White House "Enemies List"
- Bobby Eberle: Welcome to the world of Chicago-style politics
- GetLiberty.org: A leaderless revolution
- YouTube Video: Angry Democrat calls townhall elected a liar

Added 8/8/09:
- From On High blog: America at its best
- Investor's Business Daily: Are We in America or Amerika?


H/T to Drudge, BlogNetNews, & others

Student removed from graduation ceremony for wanting to mention "Christ" and "God"

Freedom of speech is under attack for Christians in this country. As our young people continue to be muzzled in their free speech, it is our responsibility to stand up for their rights.

From The Fox Nation comes this disturbing news:

John Whitehead, founder of the Institute, says many people were scheduled to speak at the 2008 Butte High School graduation. Some chose serious subjects, others humor, he says.

"Renee Griffith, who is a Christian, wanted to mention Christ once and mention God once in one of her very short remarks, and the school said she couldn't do it," he explains. "She [insisted she] wanted to do it, so then they actually removed her from the graduation ceremony and did not allow her to speak."

According to a Rutherford press release, the co-valedictorian was ordered to replace two phrases in her speech -- "sharing Christ" and "lived with a purpose from God with a passionate love for Him" -- with the following phrases: "sharing my faith" and "lived with a purpose, a purpose derived from my faith and based on a love of mankind."

Mr. Whitehead added:

Whitehead maintains that students have constitutional rights -- but warns that "if we don't begin protecting the right to free speech in the schools, we are going to lose the right to speak entirely."

Mr. Whitehead's words bring to mind the famous quote from German anti-Nazi activist Pastor Martin Niemöller:

In Germany they first came for the Communists,
and I didn't speak up because I wasn't a Communist.

Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.

Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

Then they came for the Catholics,
and I didn't speak up because I was a Protestant.

Then they came for me —
and by that time no one was left to speak up.

'Nuff said.

Posted at Graduation Shoppe