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re: City of Houston demands pastors turn over sermons

Posted on 10/15/14 at 3:51 pm to
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 10/15/14 at 3:51 pm to
quote:

You apparently don't understand the wide net that is cast in discovery. If it was wrong, the judge would stop it. No need to worry about it.


On the one hand you are correct - there's nothing stopping the plaintiffs from asking in discovery about the mayor's personal relationships and it's likely a court would quash those requests. On the other you're just a jackass out of your element.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 10/15/14 at 3:53 pm to
You're just feeling a twinge now that maybe subpoenaing everything in discovery could be a violation of privacy and could be a way of intimidating people not involved in the lawsuit and people involved in the lawsuit. Sit still and it will probably pass and you can get back to defending your evolving position.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
21248 posts
Posted on 10/15/14 at 3:54 pm to
quote:

Liberals used to value the first amendment. When was that?



They only value it when it they are voicing their opinion, not when you are voicing yours.
Posted by DD44
Member since Oct 2014
41 posts
Posted on 10/15/14 at 3:55 pm to
quote:

quote:
It relates to the lawsuit about as much as those sermons. That's the point.


You're analogy is very tenuous. But, if they can show relevance, discovery is discovery.


LOL. You're pretty slow. The whole point of my post was that asking for her sex history has no reverence and the only reason to threaten to subpoena such information would be to use it to intimidate and humiliate her. In other words, they'd be doing to her exactly what she's trying to do to them.

Posted by cwill
Member since Jan 2005
54755 posts
Posted on 10/15/14 at 3:56 pm to
quote:

I appreciate an honest debate, and that is (apparently) what we are having. So, do you honsetly think the intent of the mayor's legal staff is to review sermons to determine if there was some form of crime committed? Or are they sending a message to not oppose the mayor's ballot initiatives? What is the intent of the subpeona? (hint - the mayor and her staff realize now they probably took this a bit too far)


I think they want to take a swing at their opponent - that is a commonplace in discovery. I think the subpoena will be narrowed and "sermons" will be excluded - it appears that won't even have to be litigated. The overall intent of the subpoena will be to discover evidence related to the signature collections as the legitimacy of the signatures is what is in contention. At the end of the day I think this is more of a tempest in a teapot than anything else.
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 10/15/14 at 3:58 pm to
quote:

But religious freedom has specific protection and in fact was the impetus for this country being settled in the first place.


This is where your whole argument falls apart. They aren't intruding or impeding upon any religious freedom, and there is no right to privacy in publicly spoken words.
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 10/15/14 at 3:59 pm to
quote:

LOL. You're pretty slow. The whole point of my post was that asking for her sex history has no reverence and the only reason to threaten to subpoena such information would be to use it to intimidate and humiliate her. In other words, they'd be doing to her exactly what she's trying to do to them.


Except we know the church was involved in the signature process. So, anything related to their involvement is fair game.
Posted by genro
Member since Nov 2011
62617 posts
Posted on 10/15/14 at 4:00 pm to
quote:

They only value it when it they are voicing their opinion, not when you are voicing yours.

Truth.

Part of me wished the reverse would happen, just to show these idiots the danger of it. Some fundamentalist firebrand preacher in Kansas subpoena's a gay-friendly church because some gay citizens sued the city.

A small part of me wishes that would happen, just so these hypocrites can understand. But at the end of the day I don't really want that to happen, because I actually value religious freedom more than my petty desire for comeuppance. Or at least if you give me a second or two I'll feel that way.
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 10/15/14 at 4:00 pm to
quote:

You're just feeling a twinge now that maybe subpoenaing everything in discovery could be a violation of privacy and could be a way of intimidating people not involved in the lawsuit and people involved in the lawsuit. Sit still and it will probably pass and you can get back to defending your evolving position.


Keep digging, you should get to China soon.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 10/15/14 at 4:02 pm to
We both know it's true. It's all good.
Posted by genro
Member since Nov 2011
62617 posts
Posted on 10/15/14 at 4:02 pm to
quote:

This is where your whole argument falls apart.
When I mention the history of our country?
quote:

They aren't intruding or impeding upon any religious freedom, and there is no right to privacy in publicly spoken words.
Double wrong. It's been demonstrated that they are, and that sermons are not public.


Of course, you said anything spoken to a group of people is public, so I have no idea what goes on in that brain of yours.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 10/15/14 at 4:03 pm to
quote:

Except we know the church was involved in the signature process. So, anything related to their involvement is fair game.

We know that one pastor from one church was involved. I haven't seen anything beyond that for the justification.
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 10/15/14 at 4:05 pm to
I don't understand how you think something spoken to an audience is private and totally exempt from disclosure.

You still haven't cited a single source for that proposition.
Posted by genro
Member since Nov 2011
62617 posts
Posted on 10/15/14 at 4:08 pm to
I don't have to cite a source for common sense.


This morning I had a devteam meeting. About 15 of us. I spoke. It's not public.

On Friday I'll be doing "Nick at Noon" - a private luncheon with Nick Saban among donors and alumni. He will speak. It's also not public.
Posted by monceaux
Houston
Member since Sep 2013
1182 posts
Posted on 10/15/14 at 4:11 pm to
quote:

I've seen this a few times. The fact that the gov't has a reason makes it WORSE. If they reviewed things on a whim that would just be weird. They are doing it because of a citizen lawsuit. That's direct intimidation


Does the city have the right to discovery? Yes.
Does the city have the right to discovery of anything that might be valid to the original lawsuit? Yes.

The lawsuit's plaintiffs are 3 men (not the coalition of pastors) who filed their suit based on the coalition's petition drive. If the major issue is the coalition's petition drive, shouldn't the City be allowed to discover what the individual members of the coalition said regarding the topic and petition, how they communicated regarding the petition, and what their public statements were on the matter?

I'm not a Mayor Parker fan - I think she wants to be a star instead of mayor (and she chooses to build bike trails before filling potholes). But the invective here is pure ideology based. Sermons are public - certainly the sermons of the nonparty ministers that were subpoenaed.

Thousands of pages of signatures were invalidated because the coalition couldn't follow the rules of petition signing in Houston; thousands more signatures were invalidated because the person signing was not eligible to vote in Houston. Thousands more were invalidated because the person gathering signatures either wasn't a City resident or didn't sign the petition.
This post was edited on 10/15/14 at 4:21 pm
Posted by monceaux
Houston
Member since Sep 2013
1182 posts
Posted on 10/15/14 at 4:19 pm to
quote:

We know that one pastor from one church was involved. I haven't seen anything beyond that for the justification.



The coalition that came together to oppose Mayor Annise Parker’s “Equal Rights Ordinance” is comprised of pastors from every corner of the city and our church members,
LINK


The coalition of pastors and citizens who submitted over 55,000 signatures on a referendum petition to repeal Houston Mayor Annise Parker’s “Equal Rights Ordinance” that grants special privileges to sexual behavior and gender confusion have taken their case to the highest court in Texas. LINK
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 10/15/14 at 4:21 pm to
quote:

About 15 of us. I spoke. It's not public.


You clearly have no clue about expectations of privacy. When you spoke to that group, did you have a reasonable expectation that no other person would ever learn about the contents of that communication?

If you are honest, you will say no. If you say no, then you admit that your speech was to a audience with no expectation of privacy.

The only private, and protected, speech is that to your doctor, your lawyer, your spouse, or in the confessional.

It has nothing to do with the composition of the audience or the nature of the speech.

You're conflating legal terms with your notions.
This post was edited on 10/15/14 at 4:23 pm
Posted by Wolfhound45
Member since Nov 2009
127400 posts
Posted on 10/15/14 at 4:22 pm to
quote:

monceaux


Upvote x 2
This post was edited on 10/15/14 at 4:23 pm
Posted by genro
Member since Nov 2011
62617 posts
Posted on 10/15/14 at 4:30 pm to
quote:

When you spoke to that group, did you have a reasonable expectation that no other person would ever learn about the contents of that communication?



You should've said, "Did you have a reasonable expectation that your words would not be subpoena'd by the city government if some of your coworkers sued the city?"

The answer is, of course, yes.
Posted by the808bass
The Lou
Member since Oct 2012
128843 posts
Posted on 10/15/14 at 4:36 pm to
quote:

The coalition that came together to oppose Mayor Annise Parker’s “Equal Rights Ordinance” is comprised of pastors from every corner of the city and our church members, LINK


So all the pastors participated in what way? You have a direct link to one, what was the direct link of the rest? I'm really asking.
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