Rutherford Institute Asks U. S. Supreme Court to Defend the First Amendment Right of Retailers Not to Be Forced to Speak for Government

by Nisha Whitehread


WASHINGTON, D.C. — Insisting that retailers have a First Amendment right not to be forced to speak for the government, attorneys for The Rutherford Institute have filed an amicus brief with the United States Supreme Court urging the Court to strike down an ordinance requiring cell phone retailers to tell consumers that cell phones are dangerous.

In the brief filed in CTIA-Wireless Association v. The City of Berkeley, Institute attorneys ask the Court to declare unconstitutional an ordinance adopted by the San Francisco Board of Supervisors requiring cell phone retailers to advise purchasers about the disputed health effects of cell phone usage. Institute attorneys argue that the ordinance is unconstitutional because it forces citizens to become unwilling mouthpieces for the controversial viewpoints of their elected officials.       

The Rutherford Institute’s amicus brief in CTIA-Wireless Association v. The City of Berkeley is available at www.rutherford.org. Attorney Michael Lockerby of Foley & Lardner LLP, in Washington, D.C., assisted The Rutherford Institute with the First Amendment brief.

“The very purpose of the First Amendment, as Justice Hugo L. Black recognized, is to ensure that Americans are free to think, speak, write and worship as they please, not as the government dictates,” said John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Well-meaning or not, the government’s desire to communicate a disputed health alert about cell phone usage cannot be permitted to trump the First Amendment rights of citizens—including retailers—to decide for themselves whether or not to advance such a message.”

In 2015, the City of Berkeley, Calif., passed an ordinance requiring cell phone retailers within the city to provide all persons purchasing or leasing a cell phone a statement relating to the effects of cell phone use. Retailers are required to tell customers that, “to assure safety,” federal guidelines require phones to limit radio-frequency exposure, and that if users carry a cell phone on their person while the phone is on they may exceed those guidelines. However, city council members admitted they had no scientific evidence that cell phones pose a health risk and the Federal Communications Commission has determined there is no scientific evidence linking wireless device use and cancer or other illnesses. In addition, the World Health Organization issued a report in June 2011 which concluded that after a large number of studies, no adverse health effects had been established as being caused by mobile phone use.

Hoping to prevent enforcement of the ordinance, the wireless industry filed a lawsuit arguing that the mandated statement was false and misleading and that it compelled retailers to speak in violation of their First Amendment rights. The trial and appellate courts rejected the constitutional claims, ruling that the mandated disclosures have a reasonable relationship to public safety. The wireless industry petitioned the Supreme Court to review that ruling. In its amicus brief supporting the wireless industry’s petition, The Rutherford Institute argues that the lower courts’ rulings will grant the government the power to compel citizens to make statements with which they disagree, even though the statements may be misleading and controversial.

Kentucky's 'Pay for Play' Legal System

by Allen Williams


Recently I was returning from a trip On US 64 which brought me through Louisville, Kentucky.  Just about a half to three quarters of a mile before the Shively 264 exit, I was bumped in my rented 2017 Chevy Impala by an individual in some sort of green sports car. I saw him swing in behind me from an angle consistant with someone entering the highway from an on ramp. 

It looked to be a guy with long hair who fell in behind me after the hit and slowed down.  I had expected him to pull in behind me after the bump event.  I signaled to pull to the shoulder where we could exchange insurance information.   I stopped on the shoulder about 100 yards from the Shively 264 exit.   Instead of pulling directly in behind me, the guy sped away on the 264 exit just as traffic began to back up at the Shively exit.  However, I got his license number '840 CAL' before he fled the scene.  Looking at the rental vehicle right side damage, the collision was consistant with an onramp entry and appeared to be more that $500.

Two Louisberg police officers showed up about a minute or so after the individual sped away. I thought they might have witnessed the accident but instead they began clearing debris off the Shively exit to free up traffic. Lacking a working cell phone I was unable to contact the police.  One female officer at the scene I attempted to talk with said they were 'super busy' and that another patrol car would be coming.  At that point, she and an accompanying officer jumped into their cars and left the scene. I waited 30 minutes at the Shively exit for the promised patrol car but it never showed.  I then left and continued my journey home.  The next day, I filed a Kentucky Civilian Traffic Collision Report with the state police.

The civilian traffic collision report I filed is a joke.  It gets no identifying number after it's filed; nobody appears to do anything with the report. It's likely a convenient archive that allows insurance adjustors to determine your 'risk' factor in premium assignments. Otherwise, it's a worthless document for anyone who has filed it.

After I arrived back home I called the Kentucky state police but they wouldn't run the license plate I recorded.  They suggested that I talk to Louisville police at Division 4 of Jefferson County.  So I call there and the officer tells me they don't have jurisdiction and they wouldn't run the plate because I'm not a law enforcement officer or an insurance representative.  They suggest I call the Jefferson County DA.  So I talk to a Jefferson County assistant DA who tells me that I cannot file a criminal complaint over the phone and that I would have to return to kentucky.  Neither would they accept my complaint in a notarized letter. Only a local lawyer could file my complaint, I was told.  I believe the reader can see where this might be going.

Talking to a number of lawyers in the Loiuisville area that handle auto accidents revealed a host of solutions for the hit and run accident I was involved in but none of them were viable. I should point out that few attorneys called me back the same day as either business was exceptionally good or the amount of damages I experienced wasn't sufficient to peak their interest.
One attorney suggested that I file a civil action to recoup the rental losses. But unfortunately, even if I returned to Kentucky and filed a civil and criminal action, I was told that the accused could simply deny it. (The perpetrator obviously didn't have insurance which was why the person fled to begin with).  Another lawyer said paying the damages myself (or my insurance company) would be cheaper than hiring a lawyer to resolve the issue. What this translates to is unless there's sufficient money in play because of an incident we're not interested in pursuing it even if it's a felony. Remember that statement because it's nothing more than 'pay to play', it's characteristic of the endemic corruption in America's legal system. You'll understand this a bit further down. 


My personal favorite was a local lawyer who advertises  'How to Get a Car Accident Report or Police Report in Kentucky'.  Nothing gauche about tooting your own horn.  The process is actually quite simple, "There is a company that has a website to handle requests for car accident reports for Louisville and all of Kentucky. The website is called www.buycrash.com (www.buycrash.com/Public/Home.aspx). There is a fee for each accident report that can be paid by credit card (MasterCard, Visa, Discover, or American Express) or PayPal...Written requests need to be addressed to the Kentucky State Police post that worked the accident. Written requests should include a self-addressed stamped envelope and a $5.00 check or money order payable to Kentucky State Treasurer...If you believe another person was responsible for your car accident in Louisville or elsewhere in Kentucky, you may want to contact a Kentucky attorney to assist you with filing a claim or pursuing a lawsuit..You can contact Brett via email or call (502) 749-5700, toll free (866)935-5729.."

His site has a number of testimonials from happy satisfied clients  So there you have it, if the monetary damages are sufficeint to make it worthwhile for the attorney then a claim will be pursued.  Apparently the same condition applies to the Jefferson county D.A. Never mind that a particular law has been violated, after all we break the country's laws every day where iimigration is concerned. 

One final call to the Jefferson County DA to suggest that their office pursue the criminal charge against the individual who fled the accident scene as it was at least a Class C misdemeanor.  (My guess is it wouldn't be a felony unless it was something like $5000 or more in damages) The assistant DA that I talked to said they don't pursue individuals and that I would have better luck with a civil complaint through an attorney.  Now the DA had to know that a civil complaint against an individual without auto insurance was futile so his recommendation was more 'pay for play' rhetoric. 

I retorted with 'I bet if I robbed a bank and someone got my license you’d run it. That’s no different than someone leaving the scene of an accident.'  There was complete silence from the assisant D.A. I thought he had hung up.  He reiterated that there was nothing he could do and so the call ended.


Travel through Kentucky at your own risk.




Vindication: Obama's long form Birth Certiifcate is a proven forgery

by Dr. Orly Taitz, ESQ

 

I have been vindicated, Obama’s long form birth certificate is a proven forgery. Contact incoming AG Sessions, demand criminal charges and investigation, which foreign intelligence was involved in creating Obama’s bogus IDs

WATCH LIVE Sheriff Arpaio Obama Birth Certificate Press Conference

Here is the evidence compiled by me. Evidence of forgery, fraud, fabrication in Obama’s IDs

Additionally, I reported previously that Johanna Ahnee, whose Hawaiian birth certificate is a source document for Obama’s forged birth certificate, met me in Hawaii. She met me the evening before I and 2 experts were supposed to go to the Health Department of Hawaii to examine Obama’s original birth certificate. Johanna and another woman, whom she presented as her niece, had dinner with me and wanted to know what evidence do we have to prove that Obama’s birth certificate is a forgery. She was supposed to go with me and experts to the Department of Health.  Next morning, around 6 am, she called and said that she will not go with us. When I and experts arrived in Department of Health, we were not allowed to meet the director of Health. We were given a letter from the Assistant Attorney General, Jill Nagamine, which stated that they will not cooperate with federal subpoena and will not let us examine the original. I am sure that this was done because there is no original, just as there is no original application for the stolen Connecticut Social Security number 042-68-4425, which Obama used while residing in the White House.

Come January 20, it is time for criminal prosecution of all involved parties and there are many of them.


Update:

1. Nagamine’s husband is a Dunham-Obama family attorney. He handles Obama’s sister’s divorce from her first husband. Nagamine is an insider who worked hard to cover up this forged ID and keep the American people defrauded with no original document on file.

2. Johanna Ah’Nee’s boss is also an insider. He is listed on a committee picking Superior Court of Hawaii judges to be nominated by the governor. Think about it, why some nobody-owner of a copy and graphics shop is picking judges?

3. Savannah Guthrie was rewarded by NBC with a multi-million dollar contract and a position of a morning anchor after she claimed that she saw and touched a raised seal on Obama’s ID, which was not there.  Let’s hope that incoming AG Sessions investigates all of these people. Write to transition team at https://apply.ptt.gov/yourstory/

KS law license revocation sued by former AG Kline

Former Kansas Attorney General Phill Kline has filed suit in federal court to have his law license reinstated, due to procedural errors on the part of the Kansas State Supreme Court in their Oct. 2013 ruling.

Kansans for Life Executive Director Mary Kay Culp said,

“Former AG Phill Kline was willing to carry the ball further than anyone against the Kansas late-term abortion cartel, and paid the price for it. He has every right to move to get his license back.”

According to today’s story by Topeka Capitol Journal reporter Justin Wingerter,

“the Kansas Supreme Court [found]’clear and convincing evidence’ that Kline had acted unprofessionally as he pursued criminal charges against abortion providers. The violations we have found are significant and numerous, and Kline’s inability or refusal to acknowledge or address their significance is particularly troubling in light of his service as the chief prosecuting attorney for this state and its most populous county,” the Kansas Supreme Court wrote in disbarring Kline.”

Kline’s disfavor with the Supreme Court began with his office’s attempted prosecution of child rape and illegal abortions in 2003.


The state’s attorney ethics division (subject only to the Supreme Court) had pursued charges against Kline’s conduct even after their own investigative staff recommended they not do so and even after a panel recommended only a suspension.


Before the final ruling was decided, Kline had formally challenged the bias of the Supreme Court in the revocation matter and –in a notably unprecedented move–five members recused themselves, leaving only two justices and replacements to decide the matter.  Kline’s suit claims that the state Constitution requires no less than four justices may legally issue such a ruling.
 

The perception of a wrongful direction of the court was voiced by 90 state representatives and senators in a March 2011 press conference calling for the government to prosecute child rape cover-ups at Planned Parenthood instead of “persecuting” former AG Phill Kline. Legislators asserted:

  •    During the 2001-2003 time frame, Kline discovered there were 249 recorded abortions performed on children 14 years of age or under, but only 2 child abuse reports made, one from Planned Parenthood and one from the now-closed clinic of George Tiller.
  •    An unholy alliance existed in this state for 8 years between the former Governor Sebelius’ administration, the abortion industry and the Courts.
  •    Kline has been cleared by the disciplinary administrator’s own investigators, and further, his conduct has been approved by multiple judges.

It is significant that even the Supreme Court’s then-Chief Justice Kay McFarland felt compelled to write this extraordinary comment in one of the several cases surrounding the attempted prosecutions of the abortion industry:

“It appears to me that the majority invokes our extraordinary inherent power to sanction simply to provide a platform from which it can denigrate Kline for actions that it cannot find to have been in violation of any law and to heap scorn upon him for his attitude and behavior that does not rise to the level of contempt. This is the very antithesis of ‘restraint and discretion’ and is not an appropriate exercise of our inherent power.”