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RandySF

(59,924 posts)
Sat Jun 6, 2015, 01:53 PM Jun 2015

When the 2nd Amendment is used to infringe upon the 1st Amendment

Two Muslim congressman asked Attorney General Loretta Lynch on Thursday to launch an investigation into an armed anti-Muslim rally that took place recently outside a Phoenix mosque.

Reps. Keith Ellison (D-MN) and Andre Carson (D-IN) asked the Justice Department to determine whether those worshipping at the mosque had their First Amendment rights violated by the protest on May 29.

“The decision to bring assault weapons to the mosque demonstrates intent to create a hostile environment to intimidate worshipers, a clear attempt to infringe on the First Amendment rights of the worshipers,” said the letter, which was published by the Huffington Post.

Ellison and Carson wrote the armed protests may have violated the Freedom of Access To Clinic Entrances Act, which, they said, prohibits “attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship."


http://talkingpointsmemo.com/livewire/arizona-mosque-protest-doj-investigation

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RandySF

(59,924 posts)
3. You don't read much, do you?
Sat Jun 6, 2015, 03:13 PM
Jun 2015

he Supreme Court ruled 8-1 today that the retail chain Abercrombie & Fitch violated Title VII of the Civil Rights Act of 1964 when an assistant manager denied Samantha Elauf, an observant Muslim woman, a job because her headscarf violated Abercrombie’s “Look Policy,” that prohibits “caps” from being worn on the sale floor.

Abercrombie acknowledged that was why Elauf was not hired.

The Equal Employment Opportunity Commission sued Abercrombie on Elauf’s behalf, but the 10th Circuit Court of Appeals contended that Abercrombie was not liable because Elauf did not provide actual notice of the need for a religious accommodation during her job interview.

The Supreme Court reversed that decision. In a majority opinion, Justice Antonin Scalia wrote, “Here the employer at least suspected that the practice was a religious one; its refusal to hire was motivated by the desire to avoid accommodating that practice, and that is enough."


http://abcnews.go.com/Politics/supreme-court-rules-abercrombie-fitch-headscarf-case/story?id=31445187

 

blueridge3210

(1,401 posts)
4. That was a 14th Amendment claim; not a 1st Amendment.
Sat Jun 6, 2015, 03:40 PM
Jun 2015

If the mosque, or the attendees, wanted to claim their 14th Amendment rights were violated they would stand a better chance. No guarantees; they would have to show an actual harm or damage other than "I felt uncomfortable".

 

Eleanors38

(18,318 posts)
5. Not a 1A case, but an employment discrimination case based on federal law barring
Sat Jun 6, 2015, 03:43 PM
Jun 2015

Employment discrimination on religious grounds.

Hhhhhh-heh-heh-heh. You said Scalia.

RandySF

(59,924 posts)
7. I love how gun nuts get hyper-technical in order to protect their fetish.
Sat Jun 6, 2015, 05:28 PM
Jun 2015

This was an original case of religious discrimination.

 

beevul

(12,194 posts)
8. I love how gun grabbers ignore the plain meaning of words and accuse others of "fetishism".
Sat Jun 6, 2015, 05:34 PM
Jun 2015

Tit, meet tat.

 

blueridge3210

(1,401 posts)
9. I love how gun grabbers cannot tell the difference
Sat Jun 6, 2015, 05:35 PM
Jun 2015

between the 1st Amendment and the 14th. The 2nd Amendment does not protect criminal misuse of firearms.

Should the mosque, or the attendees, prevail it will not be a repudiation of the 2nd Amendment. If a person successfully sues for libel or slander it does not repudiate the 1st Amendment.

 

Eleanors38

(18,318 posts)
12. If you knew my trouble using this pad, you would not consider me technical.
Sun Jun 7, 2015, 02:27 PM
Jun 2015


Lot of people using the religious freedom argument these days.

My "fetish" was once considered illegal in many states.
 

beevul

(12,194 posts)
6. Did you post this?
Sat Jun 6, 2015, 04:06 PM
Jun 2015

Did you post this?

When the 2nd Amendment is used to infringe upon the 1st Amendment


Which of us doesn't read much?
 

Duckhunter935

(16,974 posts)
2. Well it seems to me that the "protest"
Sat Jun 6, 2015, 02:14 PM
Jun 2015

ended up being a colossal failure and made those idiots look even worse.

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