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June 17, 2010

Court tosses arrest of Liberty Bell protester

An anti-abortion protester arrested in 2007 had a First Amendment right to demonstrate on a sidewalk near the entrance the building that houses the Liberty Bell, a federal appeals court ruled Wednesday.

The decision overturns lower-court rulings that upheld the arrest of Christian evangelical leader Michael Marcavage, the Associated Press reports. Marcavage, who lives in suburban Lansdowne, had been sentenced to a year's probation for refusing a National Park Service order to move to a nearby designated demonstration area.

The appeals court tossed the two charges on free-speech and procedural grounds. The three-judge panel said Marcavage caused no more of a disturbance than other people near the Liberty Bell entrance, including a cancer-survivors group and the drivers of horse-drawn carriages hawking their services.

Marcavage founded a group, Repent America, that opposes abortion, homosexuality and the teaching of evolution.

He has been arrested repeatedly during protests up and down the East Coast. He successfully challenged a 2004 arrest for picketing at a Philadelphia street festival for gays and lesbians, but a Massachusetts court last year upheld a disorderly conduct conviction based on his refusal to stop using a megaphone at Salem's famed Halloween celebration.

At his trial in the Liberty Bell case, the government failed to prove Marcavage physically blocked anyone from the tourist attraction. Instead, park service rangers voiced concern for tourists seemingly distressed by Marcavage's graphic speech about abortion.

The judges lauded the rangers' desire to maintain order on a busy Saturday, but they found the law "tips" in Marcavage's favor.

"The government in effect ratified what it perceived as listener hostility to Marcavage's speech when it silenced that speech. That act, coupled with its impetus, constitutes a content-based restriction on speech," Judge Michael Fisher wrote for the panel.

Marcavage will now pursue his related civil suit, which seeks damages and an order blocking the park service from restricting other demonstrators, his lawyer said.

"It happens all the time. If they don't like what you're saying, they order you to leave," said lawyer C. Scott Shields.

Federal prosecutors in Philadelphia were reviewing the opinion before deciding whether to appeal, according to spokeswoman Patty Hartman.

Comments

I think that using a megaphone when told not to was a little extreme, but I admire this man for sticking to his beliefs and not being afraid to get arrested. And Federal prosecutors want to waste more taxpayers money by possibly appealing. Critics will say that this is the problem with the Muslim religion, that these fanatics feel that they will get rewarded for blowing people up, and frankly it is a problem. I dont see this man as being any such threat. He is being a little forceful with the megaphone. Here is my point though. Too many Christians eat their communion wafer quietly and say that not everyone gets excited and on fire for God, but rather they do it in a quiet manner and are just as close to God as anyone. How were the people at these locations supposed to hear about God and how bad abortion is, etc. if he kept quiet? The bible tells us not to keep quiet. And no, we arent heroes if we spread God's word. We are doing what God expects us to do. What we cant be discouraged by is criticism. If we say we ate at McDonalds, we may be accused of encouraging people to be fat. If we accidentally run over a squirrel, we are called animal killers. If we say not to drink wine, we are called fanatics. If we say that we drank wine, we are called alcoholics. The truth is, people dont want to face the fact that they dont know God and are headed for, as the late Pat Kelly put it, "a rotten Christless hell." Who wants to admit that? It is easier to go about our lives and do what we were doing before we heard the guy with the megaphone.

Clay – What exactly do Muslims have to do with this? I’m pretty sure those people have heard of God and the abortion issue. The Bible tells us to spread the good news to those who haven’t heard us not use a megaphone and annoy people. In the NT the apostles used it by engaging people in conversation and their actions. They didn’t put on demonstrations and shout it at every passer by. He could have accomplished much more by engaging in conversation and challenging people as using the megaphone. Do you honestly think those tactics changed anyone? His tactics are those of someone looking to cause trouble not save souls.

ravensfan,

If I followed Clay correctly, I think he agreed that the megaphone was "a little extreme." As a nonbeliever who is annoyed by "pushy" Christians intruding their beliefs into my privacy ... I tend to agree that this guy has a right to -- within bounds -- leaflet, "witness," whatever on a public street. So long as he does not (by accosting me or forcing me to hear his [amplified] testimony ... I am free to ignore him and walk past him and the other distractions enumerated by the Court.

Perhaps because of my own prejudice, I am particularly annoyed by "Christians" who feel compelled to "testify" at Gay (Pride) events. But they are usually met with derision and skulk away soon enough. I just hope evangelicals are as accommodating if/when their events are invaded by Dykes on Bikes.

I just hope evangelicals are as accommodating if/when Freddie Mercury, Oscar Wilde, and Truman Capote meet them at the pearly gates.

To say nothing of Alexander the Great, Hans Christian Andersen. Robert Baden-Powell (founder of the Boy Scouts), Sir John Gielgud, Cary Grant, Merv Griffin, J. Edgar Hoover (although I'm not sure he'll be there), Charles Laughton, Leonardo da Vinci, Michaelangelo, Sir Isaac Newton, Socrates, Gertrude Stein, Alice B. Toklas, and Tennessee Williams!

Man, that does sound like a fabulous welcoming party! You can't tell me there won't be cocktails!

Scholars disagree on the status of Joan of Arc. But regardless of her orientation her crossdressing clearly punctuates the “Q” in LGBTQ.

Happy pride weekend everybuddy!

To top it off, Alexander the Great, Leonardo da Vinci, Michaelangelo, and Sir Isaac Newton were all left-handed. Oh, and so was Joan of Arc.

People who think that they and others who live a non Christian lifestyle will still get to heaven are fooling themselves. It wont happen. They dont want to listen to Christians but they still think that they will get to heaven? You would think that they wouldnt even believe in heaven to begin with. You cant believe part of the message but not the whole thing and expect to get rewarded by God.

I didn't know St. Joan was left handed Camille. I thought I knew her as well as my own sister. Thanks!

So they hated her for killing Englishmen with her south paw sword, tried her for heresy, and murdered her for the clothes she wore.

“Of the love or hatred God has for the English, I know nothing, but I do know that they will all be thrown out of France, except those who die there.” (Joan of Arc)

Gotta love her way with words.

BankStreet, You wrote:

"Man, that does sound like a fabulous welcoming party! You can't tell me there won't be cocktails!"

What is it about heaven that you don't get buddy?

Of course there will cocktails!

Look at the first item on the menu below. If it's good enough for the Vatican it is, de facto, approved by God.

http://www.vatican.va/roman_curia/pontifical_academies/acdscien/documents/rc_pa_acdscien_doc_20000912_far-future_en.html

Dana LaRocca - Here's a passage from a book I'm reading now, "A Left-Handed History of the World" by Ed Wright:

"Left -handed people were treated with considerable suspicion in the Middle Ages, and were more vulnerable to being charged with ecclesiastical crimes, such as heresy and witchcraft, which were often trumped up -- as in the case of Joan's trial -- to preserve the interests of those in control of the status quo. If you were in the wrong place at the wrong time, merely being left-handed made you more prone to being burned at the stake for being either a heretic or a witch."

Clay do you know the meaning of judge not lest ye be judged? How about you who is without sin cast the first stone? How about Romans 2:1? You would do well to heed Jesus and worry about the log in your eye rather than the specks in the eyes of others.

See my post under the Jesus statue blog. It is God who does the judging. I am simply repeating what He says. I wouldnt act like it isnt there to someone, that would do them an injustice. Thanks.

Clay that is the same thing those Jews told Jesus to justify stoning the women.

I am not throwing stones if I tell someone what God says not to do. I also dont believe in capital punishment. We are not to refuse to tell people what is wrong according to scripture. What you seem to be saying is "leave those gay people alone, dont throw stones at them." That is wrong. When you see someone doing something wrong the best thing to do is to let them know. Otherwise you appear to accept the behavior and you end up encouraging them. Thanks.

Clay, stand behind your statement: “I am simply repeating what He says.”

Where did you repeat Gods word, Clay? You haven't done that yet. You have only repeated your own prejudices. Where does Jesus say it's O.K. To throw stones at gay people?

I'll wait here while you look it up.

Jesus never said it is ok to throw stones at anyone. He does support the basic laws His Father laid down in the Old Testament, such as man and woman being joined together to become one flesh and punishment for those who are disobedient such as with Sodom and Gomorrah. He talks many times of punishment. God had the scriptures put together for a reason. He doesnt want us to ignore them. 1 Corinthians 6:9 NKJ says, "Do you not know that the unrighteous will not inherit the kingdom of God? Do not be decieved. Neither fornicators, nor idolaters, nor adulterers, nor homosexuals, nor sodomites, nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners will inherit the kingdom of God." Paul wrote this book. He was the last person to actually hear Christ speaking to him, on the road to Damascus. I wouldnt keep playing the game with yourself that you are playing. It is a game. You can call me what you want. We all have to answer for what we do.

I'm not surprised that you would choose a version of the bible that was created (not revealed) in 1975. Your “new” King James Version” is just that – NEW.

The previous version (King James Version) does not mention homosexuals, nor does the Douay-Rheims bible. Each of them use the term “effeminate,” which seems to be a fairly accurate translation of the Greek from the Septuagint “malakoi.”

You are the only one playing a game Clay. And the game you play consists of digging through various bible interpretations until you find the one that seems to agree with your prejudices. Then you claim that God said it. Or in this case Paul said it but he must have been channeling Jesus because he bumped into him along the roadside. Pretzel logic Clay.

Go back to the drawing board Clay and find a verse that is consistent throughout the major translations and maintains its meaning within the context of the rest of the passage.

Clay, stand behind your statement: “I am simply repeating what He says.”

Where did you repeat Gods word, Clay? You haven't done that yet. Where does Jesus say it's O.K. To throw stones at gay people?

I'll wait here while you look that up.

If God didnt want mention of sodomy, etc in the bible it wouldnt be there. The term fornication, meaning relations between two unmarried people, is used quite often with no references to the setting up or approval of marriage between two same sexed people. As I mentioned, Genesis speaks of a man and a woman and their bodies becoming one flesh. If Christ didnt want Paul to witness to people like he did, including his letters, why would He talk to him? What do you think effeminate means if it isnt referring to homosexuals? I use New King James and didnt dig through anything. Romans 1 24-27 says "Wherefore God also gave them up to uncleaness through the lusts of their own hearts, to dishonor their own bodies between themselves: who changed the truth of God into a lie, and worshiped and served the creature more than the Creator, who is blessed forever. Amen. For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature. And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet." The chapter finishes with verse 32. "Who knowing the judgement of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them." This is from the Gideons International bible, which pretty much follows along with King James. How much of the bible do you want to ignore? exodusinternational.org and newhope123.org are two ministries to check out. Good luck and God bless.

It's these new-fangled Bible translations and paraphrases with their modern Western cultural biases that are leading some down the road to perdition. They're part and parcel with contemporary worship services with their celebrity pastors, over-produced praise-music extravaganzas, and avaricious fund-raising operations.

Give me that old time religion.

I agree Leonora, that is why I used the version that I did. Thanks.

Clay,

For you to equate "effeminate" and "homosexual" speaks volumes of your ignorance. The two are wildly and widely mutually exclusive.

One speaks to outward affect; the other describes an innate and immutable orientation.

Clay - You go well beyond pointing out behavior God would not approve. What did Christ tell the disciples when he sent them out about households and towns that would not accept the message? He said leave and shake the dust off their feet. Wouldn't that mean to withhold what their fate will be and leave it to God?

How about you worry about your own sins more and eveyone else's less.

Hi Bow. Thats what I feel here about this subject. You know what though? Not only does it do good for people to see themselves as God sees them, I actually care enough to help. I think that says something, regardless of what reaction we get. It didnt hurt anything. If someone says they are angry because of it, they are angry at God, not me. If He said homosexuality was ok I would put that here in obedience to Him. Thanks.

Clay, God said slavery was OK.

Leviticus 25:44-46

Exodus 21:2-6

Exodus 21:7-11

Exodus 21:20-21

And it wasn't "wiped away" in the New Testament, Clay":


Ephesians 6:5

1 Timothy 6:1-2

Luke 12:47-48


Tell us more of your obedience to god, Clay.


Have Christians in the United States been misled?
It has been reported that the United States gives between 3 to 30 billion per year in aid, loans, grants, and U.S. contracts (U.S Jobs) to Israel each year. Israel has the unconditional support of many Christians and U.S. politicians. Whatever Israel wants they get. Just last week the U.S. House Appropriations Defense subcommittee voted to give Israel a $235.7 million contract to make missiles (don’t we make missiles here in the U.S.?). This is in addition to the $3.075 billion that President Obama has requested for Israel. Plus who knows how much private groups like Christians Untied for Israel raise for Israel.
Israel is a wonderful place with people who want to live in peace. However, unfortunately 20,000 Israeli’s are killed each year. Not by terrorist, not by foreign armies, they are killed by legal abortion. Yes, abortion is legal in the Holy land. Not really in line with Christian beliefs, to support a country where abortion is legal. Here in the U.S. there was great concern that Obama care was going to have “Death panels”, well in Israel they really do have death panels that approve abortions. Another way of thinking about this is; in the land of the Virgin Mary and Joseph, Jesus has an 11% chance of being aborted. An average of 50 abortions each day!
Israel has universal health care, a death panel approved abortion cost $370; an unapproved abortion cost $1000. So you be the judge if abortion is subsidized.
Let your congressman and senator know how you feel about sending taxpayer’s money to Israel.

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About Matthew Hay Brown
Matthew Hay Brown writes and blogs about faith and values in public and private life for The Baltimore Sun. A former Washington correspondent for the newspaper, he has long written about the intersection of religion and politics. He has reported from Africa, Asia, Europe, Latin America and the Middle East, traveling most recently to Syria and Jordan to write about the Iraqi refugee crisis.
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