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Texas Atty Gen and U of Houston law professor agree: City of Houston overreached

Posted on 10/17/14 at 3:57 pm
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61309 posts
Posted on 10/17/14 at 3:57 pm
in issuing subpoenas for Houston-area pastor's sermons.

quote:

Texas Attorney General Greg Abbott also issued a letter saying the city impinged on the pastors’ First Amendment rights and called for the subpoenas’ immediate reversal. “Whether you intend it to be so or not, your action is a direct assault on the religious liberty guaranteed by the First Amendment,” Abbott wrote to Feldman. “The people of Houston and their religious leaders must be absolutely secure in their knowledge that their religious affairs are beyond the reach of the government.”

LINK
This post was edited on 10/17/14 at 4:43 pm
Posted by the808bass
The Lou
Member since Oct 2012
111546 posts
Posted on 10/17/14 at 4:14 pm to
Not true. All the lawyers on here said it was just discovery.

I'm gonna go with the TD lawyers.
Posted by idlewatcher
County Jail
Member since Jan 2012
79205 posts
Posted on 10/17/14 at 4:14 pm to
Our very idiotic mayor scaled back the HERO list today/last night. "We would never want this to come across as religious persecution"

She is a twat.
Posted by teke184
Zachary, LA
Member since Jan 2007
95755 posts
Posted on 10/17/14 at 4:27 pm to
I suggest the next fishing expedition she attempts be between her girlfriends thighs.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 10/17/14 at 4:47 pm to
Those poor internet lawyers that thought otherwise.....
Posted by S.E.C. Crazy
Alabama
Member since Feb 2013
7905 posts
Posted on 10/17/14 at 5:30 pm to
The pervert should be recalled.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 10/17/14 at 5:37 pm to
The pastors ended up not being involved in the lawsuit, and thus the subpoena was promptly bitch-slapped. That's pretty much what most said would happen.

This ruling isn't saying the subpoena would have been thrown out regardless of the involvement of the pastors and churches in the suit. Had they been, the subpoena would have been perfectly legal. This isn't some unilateral declaration that churches are free from legal precedent like some here were claiming.
This post was edited on 10/17/14 at 5:38 pm
Posted by lsuroadie
South LA
Member since Oct 2007
8399 posts
Posted on 10/17/14 at 6:07 pm to
quote:

This isn't some unilateral declaration that churches are free from legal precedent like some here were claiming.
we have the Constitution for that....right?
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
69312 posts
Posted on 10/17/14 at 6:09 pm to
Were there actually posters on this board defending Houston? If so, who were the posters?
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 10/17/14 at 6:12 pm to
quote:

we have the Constitution for that....right?


Are you kidding me?
Posted by the808bass
The Lou
Member since Oct 2012
111546 posts
Posted on 10/17/14 at 6:15 pm to
quote:

Were there actually posters on this board defending Houston? If so, who were the posters?

Roger, cwill and one other lawyer cat.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 10/17/14 at 6:19 pm to
Yeah, that's not misleading at all.

I said that if the pastors and churches were not involved in the lawsuit, the subpoena would get thrown out with the swiftness. Which is exactly what happened.

If they had been, the subpoena would be perfectly legal.
Posted by the808bass
The Lou
Member since Oct 2012
111546 posts
Posted on 10/17/14 at 6:20 pm to
You didn't see any issue with a government subpoenaing religious messages. That's kind of the crux of the issue.

And I'm not sure the subpoena got tossed. I think the city amended it because it looked asinine on its face and they were getting embarassed.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 10/17/14 at 6:20 pm to
quote:

Were there actually posters on this board defending Houston? If so, who were the posters?
They weren't so much defending Houston as taking the piss out of the hysterical headlines, which basically treated it as the death of religious freedom in Houston. "CITY OF HOUSTON SUBPOENAS PREACHERS, ENDS LIBERTY OF CONSCIENCE" makes for a sexier headline than "LAW FIRM HIRED BY PARTY TO CIVIL LAWSUIT ASKS FOR MOON AND STARS IN DISCOVERY, IS TOLD TO PISS OFF" as that happens in pretty much every litigation ever.

That poor Susman Godfrey junior attorney who signed the request is probably getting her arse chewed out for not considering the political aspect.
This post was edited on 10/17/14 at 6:23 pm
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 10/17/14 at 6:26 pm to
quote:

You didn't see any issue with a government subpoenaing religious messages.


I very clearly said it was a matter of the city puffing it's chest out. My only point was that, technically, it would be legal if they were involved in the lawsuit. The issue in that thread was that most people don't understand what the first amendment actually protects. They think that churches are free from any and all intervention in every situation, and that just isn't true. The outrage was rooted purely in emotional ignorance.

quote:

That's kind of the crux of the issue.


The crux of the issue is what is legal and what isn't. Everything else is just emotionally driven message board fodder.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
61309 posts
Posted on 10/17/14 at 6:37 pm to
quote:

And I'm not sure the subpoena got tossed. I think the city amended it because it looked asinine on its face and they were getting embarassed.
I believe this is correct. The city amended the subpoena.
Posted by BBONDS25
Member since Mar 2008
48436 posts
Posted on 10/17/14 at 7:02 pm to
I think you have the discovery rules confused. How would 1st amendment rights change and sermons be discoverable even if the pastors were part of the suit?
This post was edited on 10/17/14 at 7:06 pm
Posted by GFunk
Denham Springs
Member since Feb 2011
14966 posts
Posted on 10/17/14 at 7:28 pm to
quote:

The issue in that thread was that most people don't understand what the first amendment actually protects. They think that churches are free from any and all intervention in every situation, and that just isn't true.


So drop your knowledge and clarify.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 10/17/14 at 7:47 pm to
quote:

we have the Constitution for that....right?
of course.
Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 10/17/14 at 9:54 pm to
quote:

"We would never want this to come across as religious persecution."


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