Jerald Finney was the lead counsel for the Biblical Law Center ("BLC") from May, 2005 until 2011. The BLC helps churches who desire to organize according to New Testament principles. In 2016, he again worked with the BLC and still does, but he now heads up the Churches under Christ Ministry which is under the authority of Charity Baptist Tabernacle of Amarillo TX. Finney is a licensed attorney who can be reached at 512-785-8445 jerald.finney@sbcglobal.net. Over the last few years he has lectured and preached on the issues concerning government, church, and separation of church and state.
God called Finney, a Christian and fundamental Baptist since his salvation, to enter the University of Texas School of Law in 1990 at the age of 43 to stand in the gap concerning legal issues facing Christians. Since being saved, he has been a faithful and active member of a local fundamental, Bible-believing Baptist church. He received his JD degree in 1993 and has followed the Lord in the practice of law since that time.
Finney received his law license in November 1993 and began practicing law in January, 1994. All along he was seeking the Lord’s direction. The Lord initially led Finney to practice criminal law. He knew that not many, if any, of the Christian law firms dealt with or specialized in criminal law, and that some Christians were being charged with crimes for their Christian behavior and for taking a stand for God’s principles.
The Lord confirmed Finney's choice. Very soon after he started practicing, he helped an Eastern Orthodox priest with a criminal charge. He was charged under a criminal statute for trying to expose the promotion of sodomy and other sins within a Catholic Church. God gave the victory in that case. Then Steve, a Christian who counseled outside abortion clinics, called Finney. He was charged with a crime under the Austin, Texas Sign Ordinance for his activities outside an abortion clinic. Being a new lawyer, Finney called the Rutherford Institute. They asked him to send them a summary of the facts and a copy of the Sign Ordinance. Then they told him that the case could not be won and that they would not help. Steve lost at trial, but God gave the victory on appeal. The Austin Police Department immediately cited Steve for violation of the state sign ordinance. The Lord gave the victory at trial.
Finney's first felony trial came about a year and six months after he started practicing law. A single Christian mother was charged with third degree felony injury to a child for spanking her six year old son. She left some prominent stripes across his rear end and also a stripe across his face when he turned suddenly during the spanking. The Lord gave the victory at trial. At the same time, Finney was also representing another Christian married lady who was charged with the same crime for spanking her little girl with a switch. On the date the trial in that case was to begin, the prosecutor, with prompting by the judge, lowered the offer to deferred adjudication probation of short duration on a misdemeanor charge with very few conditions on the probation. In a deferred adjudication in Texas, there is never a judgment of guilt if the probationer successfully completes the term of the probation, (and, with successful completion of the probation, the probationer can now file a Motion for Nondisclosure which, if granted, requires the file to be sealed so that the general public has no access to it). The mother decided to take the offer.
The Lord has also allowed Finney to help Christian parents in numerous situations involving Child Protective Services (“CPS”) infringement into parental rights. God has given the victory in all those situations.
The Lord has also used Finney to intervene in numerous situations where government officials or private companies tried to deny certain Christians their rights to do door-to-door evangelization, preach on the street, hand out gospel literature in the public forum, and pass out gospel tracts and communicate the gospel at their place of employment.
Finney has also fought other legal spiritual battles including a criminal case in San Antonio. A peaceful pro-life advocate was arrested and charged with criminal trespass for handing pro-life literature giving information about the development of the unborn baby, places to go for help, and other information to women entering an abortion clinic. All the above-mentioned cases as well as others not mentioned were handled free of charge (except the last spanking case for which Finney received $750).
In 2005 Finney became lead counsel for the Biblical Law Center.
Since his early Christian life, he has considered the issue of separation of church and state as taught in the Bible to be one of the primary issues facing New Testament churches today. He believes, based upon what the Bible teaches, that operating as a corporation (sole or aggregate), unincorporated association, or any other type of legal entity and/or getting a tax exempt status from the federal government at the very least puts the church under the headship of both the Lord and the state, and may even take the church from under the headship of Christ and put the church under the headship of the state. He believes that taking scriptures out of context and applying human reasoning contrary to biblical teaching (such as “Obey every ordinance of man,” or “We should be good stewards and incorporation is good stewardship”) in order to justify unbiblical marriage with the state causes our Lord much grief.
Once he took on the position as counsel for the BLC, it was necessary to do an in-depth study of the issue of separation of church and state. He began with the Bible. He initially read through the Bible at least five times (and many more times since then) primarily seeking the answer to the question, “Does the Bible have anything to say about this issue?” He was amazed at what He learned. The Bible gives God’s principles concerning separation of church and state, the purpose of a church, the purpose of the civil government, the headship of church, the headship of civil government, the principles by which each is to be guided, and much more concerning these two God ordained institutions. He continued to read the Bible daily seeking insights into these and other issues.
He also began to read other books. he had already read starting shortly after being saved, books and other information by Christian authors. For example, he had read, among other works, A Christian Manifesto[1], The Light and the Glory,[2] From Sea to Shining Sea,[3] The Myth of Separation and some other works by David Barton, [4]Rewriting America’s History,[5] and America’s God and Country.[6] These resources inspired, influenced and guided him and millions of other Christians, gave them philosophical and historical underpinning, and led them into battlefields such as politics, law, and education armed with what they learned from those resources.
Sometime in 2006 he began to realize that some of the books by Christian authors which he had come to depend upon were misleading, at the very least. Other books revealed to him that some of the above mentioned books had misinformed and misled sincere Christians by revising and/or misrepresenting the true history of separation of church and state in America. In 2006, he read One Nation Under Law[7] which cites a wealth of resources for one seeking to understand the history of separation of church and state in the United States and of the First Amendment to the United States Constitution.[8] Reading One Nation Under Law, some of the books it cited, and some other books was a launching pad into the universe of historical information which he never dreamed existed. He had expected to be misled in the secular law school he attended. He was amazed that he had been misled by Christian brothers. I asked myself, “How could Peter Marshall and others have missed this vital information?” At an Unregistered Baptist Fellowship conference in Indianapolis, Indiana, James R. Beller, a Baptist historian, gave a PowerPoint presentation which gave him the answer to this question. Finney bought two of Beller's books and read them. Those books filled in the details not mentioned in Pastor Beller’s concise PowerPoint presentation.
Since that time, God has led Finney into an in depth study of the issues of government, church, and separation of church and state. God Betrayed/Separation of Church and State: The Biblical Principles and the American Application and the other books he has written and listed on this website were written as a result of those studies. God Betrayed is not a rehash of the same information that has been circulated in the Fundamental Baptist and Christian community through sermons, books, seminars, etc. since at least 1982, the year Finney was saved. God Betrayed and Finney's other books reveal facts and information that must be understood in order for a pastor and other Christians to begin to successfully (in God's eyes) fight the spiritual warfare we are engaged in according to knowledge.
Finney believes that the lack of attention to the biblical doctrines concerning government, church (which is likened to the wife and bride of Christ), and separation of church and state, has had dire consequences for individuals, families, churches, and America. Unless pastors educate themselves on these doctrines and their application in America, the rapid downhill slide will continue at an accelerating pace.
[1] Francis A. Schaeffer, A Christian Manifesto, (Westchester, Illinois: Crossway Books, 1981).
[2] Peter Marshall and David Manuel, The Light and the Glory, (Old Tappan, New Jersey: Fleming H. Revell Company, 1977).
[3] Peter Marshall and David Manuel, From Sea to Shining Sea (Old Tappan, New Jersey: Fleming H. Revell Company, 1986).
[4] David Barton, The Myth of Separation, What is the Correct relationship between Church and State? (Aledo, Texas: Wallbuilder Press, 1992).
[5] Catherine Millard, Rewriting America’s History (Camp Hill, Pennsylvania: Horizon House Publishers, 1991).
[6] William J. Federer, America’s God and Country, Encyclopedia of Quotations (Coppell, Texas: FAME Publishing, Inc., 1994).
[7] Mark Douglas McGarvie, One Nation Under Law: America’s Early National Struggles to Separate Church and State (DeKalb, Illinois: Northern Illinois University Press, 2005).
[8] The First Amendment to the United States Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The religion clause, properly interpreted, as is shown in God Betrayed, is a correct application of the biblical principle of separation of church and state.
Jerald C. Finney Mail: P.O. Box 1346 ; Austin TX 78767
Office : 700 Lavaca, Suite 1400, Austin TX
Phone (512) 785-8445 (C) ; 512-808-5529 (O) ; 512-385-0761 (H)
E-MAIL:jerald.finney@sbcglobal.net
Website : « Separation of Church and State Law » (opbcbibletrust.wordpress.com)
11/02/15
Mailed CMRRR 11/02/15:
Mayor Betsy Hodges 350 S. 5th St., Room 331
Minneapolis, MN 55415
Phone: (612) 673-2100
RE: Update.
Note. A list of all officials to whom this letter was mailed CMRRR is at the bottom.
Dear Mayor Hodges:
I am happy to report that men from Old Paths Baptist Church went to Minneapolis on October 31, 2015 and preached in the public forum in Dinkeytown and outside the University of Minnesota Stadium. The following was my facebook question and the response of Pastor Jason Cooley concerning that matter:
The men of OPBC want to thank you for any part you may have had in enforcing the law correctly. Again, it is their desire to have a positive relationship with all Minneapolis officials as well as with the citizens of Minneapolis. Those who oppose what they say share the same rights and protections afforded by American law.
This update and letter is being linked to online at:
Thanks again and feel free to contact me for any reason.
Very truly yours,
Jerald Finney
Jcf
PS: Attached is a copy of the e-mail letter sent you on 10/30/15.
The above letter with attachment was sent CMRRR on 110215 with correct header info. to each of the following:
David Wilske
Patrol Lieutenant for the University of Minnesota Police Department
511 Washington Ave. SE
Suite No. 1
Minneapolis MN 55455
wilsk001@umn.edu
Janeé Harteau Chief of Police
350 South 5 th Street
Room 130
Minneapolis, MN 55415-1389
612-673-3559
Fax: 612-673-2613
E-mail: police@minneapolismn.gov
Inspector Katherine Waite
Commander of the 2nd Precinct
1911 Central Avenue N.E.
Minneapolis, MN 55418
(612) 673-5702
Fax (612) 370-3885 police@ci.minneapolis.mn.us
Mayor Betsy Hodges 350 S. 5th St., Room 331
Minneapolis, MN 55415
Phone: (612) 673-2100
City Attorney (Called but the answerer could not give me the name of the city attorney-gave me the e-mail address below)
City Hall, Room 210
350 S. 5th St.
Minneapolis, MN 55415
(612) 673-2010
policereview@minneapolismn.gov
Ward 2 – Cam Gordon
350 S. 5th St., Room 307
Minneapolis, MN 55415
(612) 673-2202
cam.gordon@minneapolismn.gov
April 18, 2015 encounter with unlawful police officer in Dinkeytown, Minnesota and subsequent actions by the offended parties
Jerald Finney
October 30, 2015
Note the 103114 Update below
The actions chronicled in this article were made necessary by the unlawful actions of a University of Minnesota police officer. See the bias, arrogance, abuse, and lack of legal knowledge of the peace officer at:
Freedom of speech as guaranteed by the United States Constitution, First Amendment, the Minnesota Constitution, and the city of Minneapolis Charter and Code of Ordinances is especially important in this situation. To understand why, go to Luciferianism, Enochian Magick, Aliester Crowley & Dinkytown Witches.
Preaching to Satanists in Dinkeytown on October 31, 2015. Click image to go to the Youtube video.
Old Paths Baptist Church will make a sincere effort to handle this matter without the need for court intervention. The men of OPBC will be returning to street preach at Dinkeytown and want to make sure the officers know the law so that they can properly perform their duties according to the First Amendment to the United States Constitution and the Constitution of Minnesota. OPBC does not want to cause unnecessary expense to individual police officers, the University of Minnesota Police Department, the mayor and city council of Minneapolis, and the taxpayers of the city of Minneapolis. If court action is necessary, attorneys licensed in Minnesota are ready to handle the case.
As of April 18, 2015 at 9:55 p.m., e-mails have been sent to Minneapolis mayor Betsy Hodges, Minneapolis City Attorney, and Chief of Police Junee Harteau. The e-mail to the city attorney (the other e-mails were modified for the particular office) stated as follows (in red):
RE: Violation of Civil Rights of Street Preachers by Minneapolis Police
To City Attorney of Minneapolis, MN.:
I am writing this note as a member of and on behalf of men whose civil rights were blatantly violated by the Minneapolis Police on April 18, 2014. The men are members of the church I also belong to, Old Paths Baptist Church in Northfield, MN. I write this as a member of the church, not as a legal representative at this point, although I am an attorney who now practices in Texas. I plan to move to Northfield as soon as I can.
Should legal action be required, the men already have talked to an organization which will provide legal assistance in Minnesota. I write this in hopes that this matter can be resolved without civil suit and without getting an attorney involved. Suing in federal court for the gross violations of the Minneapolis police can only cost the taxpayers of Minneapolis a lot of money for a hopeless cause. The story of the men whose rights were violated is all on DVD. It will be online on my website and also on facebook very soon. The law is clear as to the rights of people to preach, teach, speak, etc. on the public forum. The police, as I understand it, threatened the preachers with arrest for disorderly conduct and hate speech, if they did not leave in 5 minutes. The police did no investigation; they just threatened the street preachers. The street preachers know all about the law involved.
I am sure that you, as city attorney, are very familiar with First Amendment speech rights in the public forum. So that you know that the street preachers are also familiar with that law, you may refer to a tract which they are familiar with and which I wrote: the tract, “Street Preaching in America: Is It Legal” is online at https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/tract-street-preaching-in-america-is-it-legal/. More legal information on free speech rights in the public forum is linked to on the website page listed in the next paragraph, a page they are familiar with.
These men have had to deal with matters like this before. You can read some of their trials and tribulations at https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/december-25-2013-an-unfolding-street-preaching-battle-in-northfield-minnesota/. In every case on that cite, you will find that the city police and government involved relented when the civil rights violations were brought to the attention of the city attorney, mayor, city council, Chief of Police, and police departments. The police department was instructed as to the law of speech in the public forum and thereafter ceased to violate the rights of the public speakers since they obviously did not want to waste taxpayer money for issues which are firmly entrenched in American law.
Hopefully, we will be able to resolve this matter in accordance with the law, and the police department will be educated on and thereafter do their job in these type situations (to protect peaceful public speakers who are exercising their constitutionally guaranteed freedoms from those who are so offended by protected speech that they lie, assault, etc. those who say things that upset them in public and so forth).
The street preachers have informed me that at least one of them was assaulted by an offended listener, yet the police refused to follow up on their complaint concerning the assault. The complaint was only made after the police rudely violated the civil rights of the preachers.
I will be contacting the chief of police, the city council members, and the mayor in our sincere attempts to resolve this matter in the most reasonable, lawful, and Christian manner without having to resort to legal actions which will cost your taxpayers a lot of money.
Yours Most Sincerely,
Jerald Finney
I received a response from the city attorney to the above e-mail on 041915 requesting specifics of the location of the incident. I promptly replied and included a link to the Youtube address (https://www.youtube.com/watch?v=Lh4h8q_WbkY) of the video of the encounter with the police.
We received back an e-mail from the Minneapolis PD. The e-mail (absent phone nos. and names) was as follows (in red):
Minneapolis [e-mail address removed]; To jerald.finney@sbcglobal.net; April 19, 2015 at 1:18 PM
Dear Jerald,
We appreciate your email.
You can file a complaint against the officer online and I have attached the link to this email [link removed]. You can also call Police conduct for them to review your video at 612-673-5500.
If there is anything else we can help you with please contact us. Thank you for emailing the City of Minneapolis.
Pastor Jason filed a complaint on 4/20/15 and will be called Police conduct to have them review the video(s).
If need be, the e-mail addresses for the city council members and city attorney will be obtained , letters will be e-mailed to them, etc. Hopefully, the actions already initiated will, when completed, resolve this problem.
Pastor Jason Cooley received a letter dated April 30, 2015 from the Minneapolis Office of Police Conduct Review. The following is a picture of that letter:
Again, as always, these actions are being taken in an effort to settle this matter without having to go to Federal Court. Such action can cost the citizens of Minneapolis (or the University of Minnesota), as well as the department and individual officer(s) involved, a considerable amount of money in attorneys’ fees alone; and all for a hopeless cause the law of which is well established in American law. Of course, should the Chief, the Mayor, the City Council members, and the city attorney fail to respond properly, they, as well as the city, may also become subject to suit.
Other DVD’s taken at the scene are not published online.
October 31, 2015 Update
Men of the Old Paths Baptist Church street preaching ministry preached in both Dinkeytown and outside the University of Minnesota football stadium at and after the game between Minnesota and Michigan on October 31, 2015. On November 1, 2015, I inquired on Facebook as to how it went and received a reply from Pastor Jason:
Preaching to Satanists in Dinkeytown on October 31, 2015. Click image to go to the Youtube video.
Jerald C. Finney Mail: P.O. Box 1346 ; Austin TX 78767 Office : 700 Lavaca, Suite 1400, Austin TX Phone (512) 785-8445 (C) ; 512-808-5529 (O) ; 512-385-0761 (H) E-MAIL: jerald.finney@sbcglobal.net
Website : « Separation of Church and State Law » (opbcbibletrust.wordpress.com)
10/30/2015
E-Mail to the following:
David Wilske
Patrol Lieutenant for the University of Minnesota Police Department
511 Washington Ave. SE
Suite No. 1
Minneapolis MN 55455
wilsk001@umn.edu
Cc:
Janeé Harteau Chief of Police
350 South 5 th Street
Room 130
Minneapolis, MN 55415-1389
612-673-3559
Fax: 612-673-2613
E-mail: police@minneapolismn.gov
Inspector Katherine Waite
Commander of the 2nd Precinct
1911 Central Avenue N.E.
Minneapolis, MN 55418
(612) 673-5702
Fax (612) 370-3885 police@ci.minneapolis.mn.us
Mayor Betsy Hodges 350 S. 5th St., Room 331
Minneapolis, MN 55415
Phone: (612) 673-2100
City Attorney (Called but the answerer could not give me the name of the city attorney-gave me the e-mail address below)
City Hall, Room 210
350 S. 5th St.
Minneapolis, MN 55415
(612) 673-2010
policereview@minneapolismn.gov
Ward 2 – Cam Gordon
350 S. 5th St., Room 307
Minneapolis, MN 55415
(612) 673-2202
cam.gordon@minneapolismn.gov
RE: Advance notice concerning protected speech within the jurisdiction of UMPD by the men of the OPBC Street Preaching Ministry in a sincere effort to avoid the need for federal civil rights lawsuit.
Dear Lieutenant Wilske:
I am writing this letter as a member of Old Paths Baptist Church (“”OPBC”) in Northfield Minnesota. I am in the process of moving to Faribault, Minnesota from Austin Texas where I practice law.
You and I have talked about this matter. As you know, I am addressing this matter in advance to avoid the eventuality that your peace officers have not been properly educated in dealing with situations where citizens are exercising their right to freedom of speech as guaranteed by the United States Constitution, the Constitution of the State of Minnesota, and by the Minneapolis Charter and City Ordinances. You may have already educated your peace officers since our discussions began; but, as I have pointed out and provided to you the link to the online video of the incident, at least one of your officers has violated the civil rights of the peaceful speech activities of the men of OPBC street preaching ministry.
Some members of OPBC will, from time to time, be exercising their First Amendment speech rights in Dinkeytown, as they have done in the past. In their past activity, the police officer did not understand the law and therefore violated the rights of the street preachers. As I have pointed out to you, the federal courts, all the way to the top, have for a long time laid out the law in these matters. Now, a case which is precisely on point was just handed down by the United States Sixth Circuit Court of Appeals. You can go to the following article for all the details of concerning this matter, including a link to the video of the offending officer in action, as well as a link to the opinion in the October 28, 2015 Sixth Circuit case.
On October 28, 2015, the U.S. Sixth Circuit restated and strengthened First Amendment protection of speech in the public forum in a case where “Bible Believers” involved in street preaching to Muslims displayed a pigs head, amongst other direct speech. The Sixth Circuit stressed that the First Amendment “envelops all manner of speech, even when that speech is loathsome in its intolerance, designed to cause offense, and, as a result of such offense, arouses violent retaliation.” Attorney Robert Muise of the American Freedom Law Center, who argued the case on behalf of the Bible Believers, applauded the decision, saying it was “solidly on the side of free speech.” “If this went the other way, it would incentivize violence as a legitimate response to free speech, and that is wrong in our country,” Muise said. “Any freedom-loving American enjoys protections of the First Amendment.”The Sixth Circuit said, “(The ruling) affirms the rule of law that when a violent mob is responding violently to protected speech, the police’s duty is to protect the speaker and not join that mob that is intent in suppressing the speech,” Muise said. “Today, the First Amendment was the victor.”Click here to go directly to the opinion. Article: Anti-Muslim Slurs Get Legal Protection(102915).
The defendants in the above mentioned case were: WAYNE COUNTY, MICHIGAN; BENNY N. NAPOLEON, in his official capacity as Sheriff, Wayne County Sheriff’s Office; DENNIS RICHARDSON, individually and in his official capacity as Deputy Chief, Wayne County Sheriff’s Office; MIKE JAAFAR, individually and in his official capacity as Deputy Chief, Wayne County Sheriff’s Office.
The case now goes back to a federal judge in Detroit, who will decide what damages the “Bible Believers” are entitled to.
That case should make clear the duty of peace officers in America to protect the speaker and the speech in the public forum. As well, the case points out the limits of the speech activity and actions of the speakers and much more.
As we have discussed before the above mentioned ruling, speech in the public forum is protected by the First Amendment to the United States Constitution, the Constitution of the state of Minnesota, and by your City Code. The people of Old Paths Baptist Church were well aware of what the Supreme Court has ruled concerning speech in the public forum. For example, on the “Separation of Church and State Law” website you will find the tract Street Preaching in America – Is it Legal? (https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/tract-street-preaching-in-america-is-it-legal/ ). Some of the members, especially the leaders, have copies of and have studied that tract and other materials. I believe you may find the tract useful in that it covers the hierarchy of the relevant law from the highest to the lowest. For that tract, the lowest law was the Northfield, Minnesota Code of City Ordinances and Charter.
I discussed this with Pastor Jason Cooley. He tried to call you, but you were unavailable. After several attempts, he told me to take care of it since he is very busy with several projects (preachers 3 times a week, does 2 online broadcasts each week, street preaches, has family responsibilities, etc.).
Accordingly, in order to attempt to prevent the necessity of Civil Rights suit in federal court, I am sending this notification to you and other city officials given in the heading. The law makes clear that it is the job of peace officers to protect public speakers engaged in First Amendment protected activities and their speech. Should another police officer behave as did the officer in the video, the only remedy will be costly (to the defendants, including the taxpayers of the county, the officers involved, and the officials who should have educated and supervised those officers or who should have made sure that the officers were properly educated and supervised). The men of the OPBC Street Preaching Ministry sincerely hope that court action not be called for since they would rather spend their time communicating the Gospel of the Lord Jesus Christ instead of fighting a battle which has already been fought and won.
I am sure that City Attorney is aware of the law in these matters. I would also hope that Chief of Police and other law enforcement personnel are as well. My concern is that all of the officials of the city as well as all law enforcement personnel and especially those who will be working the in Dinkeytown know the law and are prepared to enforce it. Their job is to protect all citizens, including those citizens involved in protected speech. They cannot properly do their job without knowing the law.
The men of OPBC have already had to confront other cities and towns for violation of the First Amendment. You may find some of their triumphant trials and tribulations as well as the latest law at:
So far, every city and town where a problem has arisen concerning the public speech by the men of OPBC has now educated their law enforcement personnel and no lawsuit has been necessary. Here in Austin, Texas, peace officers are well educated in the law. I was involved in a street preaching ministry here for 19 years and the police always protected us because they have been educated in the relevant law since all kinds of activists regularly communicate (speech, signs, symbols, tracts, etc.) in the public forum. They protected us and informed disruptive citizens of the law of free speech in America. On one occasion, a man who assaulted me was detained by the police. He lied and said I assaulted him. The police told me what he said but also said that they saw the whole thing and said I could file charges. I told them that I did not wish to do so. I could tell you numerous other stories of the great job the police in Austin, Texas do in upholding the law and protecting those who speak in the public forum.
The men of OPBC always endeavor to settle matters peaceably and according to the law. They do not wish to try to respectfully educate peace officers (sometimes very rude and obnoxious peace officers – see some of the encounters linked to on the website pages above) who are not acting according to the law. They do not wish to spend time in filing and executing lawsuits against offending officials (individual peace officers, county and city attorneys, mayors, city council members, and the cities in general) for matters which are well settled in the law. They have no desire to cost those people and the tax paying citizens unnecessary expense. I am sure you would rather use the city taxpayer money for other matters. Even more important, I am sure you wish to properly honor the law and to protect innocent persons who are peaceably exercising their rights under that law. In the event a lawsuit is necessary, OPBC has already contacted lawyers who will be ready and able to go to court in Minnesota.
Several cameras will be in use by the people of OPBC so that should false charges or accusations be made, or should lawsuit(s) be necessary, the facts will be protected from lies or misunderstandings.
Please educate your police officers and other city officials who may be involved all over the city of Minneapolis, and especially the Dinkeytown area, as to law concerning speech in the public forum in America. OPBC desires to have a good working relationship with the officials and all citizens of Anoka.
Again, on the above webpages, you will find other legal resources, positive and negative encounters with police officers linked to on Youtube, etc. which may help you as you look at this matter.
This letter is being posted on the website at: https://opbcbibletrust.wordpress.com/2015/10/30/letter-to-appropriate-officials-concerning-speech-in-the-public-forum-in-dinkeytown-by-opbc/
The article which covers this entire episode is at: https://opbcbibletrust.wordpress.com/2015/10/30/opbc-street-preachers-actions-against-university-of-minnesota-peace-officer-who-acted-unlawfully/
Click to go to Anoka “Grand Day Parade Guidelines.”
The men of Old Paths Baptist Church have decided to start, when time permits, to notify towns and cities where they have not street preached of their intent to do so. Hopefully, this will cause those notified entities to properly educate their peace officers in advance. Below is:
(1) the first prior notice letter I have mailed out. I will send it to the named officials by both e-mail and by written letter. As the letter indicates, the city may have already educated their peace officers, but experience has proven that that is not always the case.
(2) the cover letter I included on the letters to Mayor Phil Rice and the council members which were all mailed in one package since they were at the same address.
(3) UPDATES.
(1)
Jerald C. Finney
Mail: P.O. Box 1346 ; Austin TX 78767 Office : 700 Lavaca, Suite 1400, Austin TX Phone (512) 785-8445 (C) ; 512-808-5529 (O) ; 512-385-0761 (H) E-MAIL: jerald.finney@sbcglobal.net Website : “Separation of Church and State Law” (opbcbibletrust.wordpress.com)
10/21/2015
MAYOR: Phil Rice 612-702-8442; 2015 First Ave; Anoka MN 55303
Email: philrice@ci.anoka.mn.us; Term expires: 12-31-2016
COUNCILMEMBERS:
Carl Anderson; 612-518-5317; 2015 First Ave; Anoka MN 55303; Email: carlanderson@ci.anoka.mn.us; Term expires: 12-31-2018
Mark Freeburg; 763-421-9244; 2015 First Ave; Anoka MN 55303; Email: markfreeburg@ci.anoka.mn.us; Term expires: 12-31-2016
Steve Schmidt; 612-669-5468; 2015 First Ave; Anoka MN 55303; Email:steveschmidt@ci.anoka.mn.us; Term expires: 12-31-2016
Jeff Weaver; 763-427-9574; 2015 First Ave; Anoka MN 55303; Email:jeffweaver@ci.anoka.mn.us; Term expires: 12-31-2018
Tony Palumbo Anoka County Attorney; County Attorney’s Office; 2100 Third Ave.; Anoka, MN 55303; Ph: 763-323-5550; Fx: 763-422-7589
Chief Philip Johanson; Police Chief and Emergency/Management Director; Phil Johanson 763-576-2831
RE: Advance notice concerning protected speech on “Grand Day Parade” day.
Dear Anoka Mayor, City Council members, chief of police, and city attorney:
I am writing this letter as a member of Old Paths Baptist Church (“”OPBC”) in Northfield Minnesota. I am in the process of moving to Faribault, Minnesota from Austin Texas where I practice law.
I am writing this letter in advance to avoid the eventuality that your peace officers have not been properly educated in dealing with situations where citizens are exercising their right to freedom of speech as guaranteed by the United States Constitution, the Constitution of the State of Minnnesota, and by the Anoka City Code. You may have already educated your peace officers, but the men of the OPBC street preaching ministry have found that some towns and cities were not informed and therefore acted contrary to the law.
Some members of OPBC plan to attend your upcoming parade. They will be handing out Gospel tracts in the public forum. They will not attempt to march in the parade. They understand that they cannot violate a criminal law, but they also know that the law (disorderly conduct, obstructing a passageway, doorway, or roadway, littering (when they themselves do not litter), etc.) cannot be used as a pretense to deny them their rights in the public forum. The tract below, which they have copies of, quotes from several United States Supreme Court cases which cover all these matters.
As you know, speech in the public forum is protected by the First Amendment to the United States Constitution, the Constitution of the state of Minnesota, and by your City Code. The people of Old Paths Baptist Church are well aware of what the Supreme Court has ruled concerning speech in the public forum. For example, on the “Separation of Church and State Law” website you will find the tract Street Preaching in America – Is it Legal? (https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/tract-street-preaching-in-america-is-it-legal/). Some of the members, especially the leaders, have copies of and have studied that tract and other materials. I believe you may find the tract useful in that it covers the hierarchy of the relevant law from the highest to the lowest. For that tract, the lowest law was the Northfield, Minnesota Code of City Ordinances and Charter.
I am sure that City Attorney Tony Palumbo is aware of the law in these matters. I would also hope that Chief Philip Johanson is as well. My concern is that all of the officials of the city as well as all law enforcement personnel and especially those who will be working the “Grand Day Parade” know the law and are prepared to enforce it. Their job is to protect all citizens, including those citizens involved in protected speech. They cannot properly do their job without knowing the law.
The men of OPBC have already had to confront other cities and towns for violation of the First Amendment. You may find some of their trials and tribulations at:
So far, every city and town where a problem has arisen concerning the public speech by the men of OPBC has now educated their law enforcement personnel and no lawsuit has been necessary. Here in Austin, Texas, peace officers are well educated in the law. I was involved in a street preaching ministry here for 19 years and the police always protected us because they have been educated in the relevant law since all kinds of activists regularly communicate (speech, signs, symbols, tracts, etc.) in the public forum. They protected us and informed disruptive citizens of the law of free speech in America. On one occasion, a man who assaulted me was detained by the police. He lied and said I assaulted him. The police told me what he said but also said that they saw the whole thing and said I could file charges. I told them that I did not wish to do so. I could tell you numerous other stories of the great job the police in Austin, Texas do in upholding the law and protecting those who speak in the public forum.
The men of OPBC always endeavor to settle matters peaceably and according to the law. They do not wish to try to respectfully educate peace officers (sometimes very rude and obnoxious peace officers – see some of the encounters linked to on the website pages above) who are not acting according to the law. They do not wish to spend time in filing and executing lawsuits against offending officials (individual peace officers, county and city attorneys, mayors, city council members, and the cities in general) for matters which are well settled in the law. They have no desire to cost those people and the tax paying citizens unnecessary expense. I am sure you would rather use the city taxpayer money for other matters. Even more important, I am sure you wish to properly honor the law and to protect innocent persons who are peaceably exercising their rights under that law. In the event a lawsuit is necessary, OPBC has already contacted lawyers who will be ready and able to go to court in Minnesota.
Several cameras will be in use by the people of OPBC so that should false charges or accusations be made, or should lawsuit(s) be necessary, the facts will be protected from lies or misunderstandings.
Please educate your police officers and other city officials who may be involved in the Parade Day events as to law concerning speech in the public forum in America. OPBC desires to have a good working relationship with the officials and all citizens of Anoka.
Again, on the above webpages, you will find other legal resources, positive and negative encounters with police officers linked to on Youtube, etc. which may help you as you look at this matter.
Mail: P.O. Box 1346 ; Austin TX 78767 Office : 700 Lavaca, Suite 1400, Austin TX Phone (512) 785-8445 (C) ; 512-808-5529 (O) ; 512-385-0761 (H) E-MAIL: jerald.finney@sbcglobal.net
Website : “Separation of Church and State Law” (opbcbibletrust.wordpress.com)
10/22/2015
MAYOR: Phil Rice 612-702-8442; 2015 First Ave; Anoka MN 55303
COUNCILMEMBERS:
Carl Anderson; 612-518-5317; 2015 First Ave; Anoka MN 55303; Email: carlanderson@ci.anoka.mn.us; Term expires: 12-31-2018
Mark Freeburg; 763-421-9244; 2015 First Ave; Anoka MN 55303; Email: markfreeburg@ci.anoka.mn.us; Term expires: 12-31-2016
Steve Schmidt; 612-669-5468; 2015 First Ave; Anoka MN 55303; Email:steveschmidt@ci.anoka.mn.us; Term expires: 12-31-2016
Jeff Weaver; 763-427-9574; 2015 First Ave; Anoka MN 55303; Email:jeffweaver@ci.anoka.mn.us; Term expires: 12-31-2018
RE: Enclosed letters regarding “Advance notice concerning protected speech on ‘Grand Day Parade’ day”.
Dear Anoka Mayor and City Council members:
Enclosed in this package is a copy of a letter which was emailed to you regarding protected speech on “Grand Day Parade” for the honorable Phil Rice, the honorable Carl Anderson, the honorable Mark Freeburg, the honorable Steve Schmidt, and the honorable Jeff Weaver.
Since all the above city officials have the same address, I am sending the letters in one package to save work and expense. Please make sure that each of you gets a copy.
Thank you for your courtesies in this matter. Hopefully we can all work together to make your parade day one which will serve to enlighten all concerned about American law concerning protected speech in the public forum and promote peaceful healthy debate about important matters.
The speech and actions of the men of OPBC will be peaceful, but controversial. If other members of the public are properly educated by you and/or by Anoka police officers at the scene, all will more fully appreciate the great freedoms provided by American law at all levels, from the United States Constitution, the Minnesota Constitution, and the Anoka City Code.
Should the peace officers at the scene not understand the law, convey it to members of the public who might be disruptive and/or make false charges against the speakers, or falsely use existing laws (breach of peace, obstructing, etc.) to try to deny the speech rights of the men of OPBC, time-consuming and expensive (to the Anoka taxpayers) legal action may be necessary. The men of OPBC sincerely wish to avoid the last mentioned eventuality.
Thank you for your help, attention to, and courtesies in this matter.
Very truly yours,
Jerald C. Finney
jcf
(3) UPDATES:
Email from Pastor Jason Cooley on 10/25/15 and my reply (The men of OPBC “No Small Stir” street preaching ministry preached on the streets of Anoka on 10/24/15) and will preach there during the “Grand Parade Day” to exercise their First Amendment freedom of speech rights):
October 31, 2015 at Dinkeytown: CHEWBACCA showed up; but, sadly, did not get saved. “And he said unto them, Go ye into all the world, and preach the gospel to every creature.” (Mark 16:15)
Never before has it been more clear that “churches” in America have not been fighting spiritual warfare as directed by God. See After Salvation. The treatment of one of Satan’s main spiritual leaders, the Pope, proves this as do other facts. One of those facts is the spread, before our very eyes, of luciferianism and magic. Children (see, e.g., PBN children’s programming) and adult programs on television, in the movies, and music are preparing the way for the anti-christ by teaching, e.g., magic and luciferianism. This article is actually based upon an entry on “The Trials and Tribulations of the OPBC ‘No Small Stir’ Street Preaching Ministry.” This article clearly illustrates the clash between good and evil in America. Sadly, most “Christians” have no idea what is going on nor are they following their Lord and fighting evil on any (most “Christians”) front or all fronts (almost all “Christians”). The clash is centered in the public speech forum in front of a luciferian bookstore in Dinkytown.
Satanists hate the free speech that came about because of the persecutions and spiritual warefare of our historic Baptist brothers, sisters, and children. Yet they want to communicate their lies to others.
Freedom of speech as guaranteed by the United States Constitution, First Amendment, the Minnesota Constitution, and the city of Minneapolis Charter and Code of Ordinances is especially important in this situation. To understand why, go to Luciferianism, Enochian Magick, Aliester Crowley & Dinkytown Witches.
On this date, Old Paths Baptist Church (“OPBC”) men went to Minneapolis MN to preach in the public forum. Some were assaulted. A peace officer came and told them to leave in 5 minutes or be arrested, thereby violating their civil rights (First Amendment speech rights). The men of OPBC understand the limits of the law concerning street preaching; they know that freedom of speech does not allow them to criminal trespass, obstruct highways, passageways, and doorways, to assault anyone, etc. But they also know that their speech cannot be suppressed by the police or anyone else in violation of First Amendment law or based upon pretense. The law on this is available on various resources linked to on this site. See, e.g., other information on this webpage, Tract, Street Preaching in America: Is it Legal? or For greater understanding of the free speech rights of Americans in the public forum click left click here and read the brief of Jerald Finney in the Steve Drake case.
OPBC will make a sincere effort to handle this matter without the need for court intervention. They men of OPBC will be returning to street preach at Dinkeytown and want to make sure the officers know the law so that they can properly perform their duties according to the First Amendment to the United States Constitution and the Constitution of Minnesota. OPBC does not want to cause unnecessary expense to individual police officers, the University of Minnesota Police Department, the mayor and city council of Minneapolis, and the taxpayers of the city of Minneapolis nor do they wish to waste the time God has given them by addressing well settled legal matters in court.
As of April 18, 2015 at 9:55 p.m., e-mails have been sent to Minneapolis mayor Betsy Hodges, Minneapolis City Attorney, and Chief of Police Junee Harteau. The e-mail to the city attorney (the other e-mails were modified for the particular office) stated as follows (in red):
RE: Violation of Civil Rights of Street Preachers by Minneapolis Police
To City Attorney of Minneapolis, MN.:
I am writing this note as a member of and on behalf of men whose civil rights were blatantly violated by the Minneapolis Police on April 18, 2014. The men are members of the church I also belong to, OPBCin Northfield, MN. I write this as a member of the church, not as a legal representative at this point, although I am an attorney who now practices in Texas. I plan to move to Northfield as soon as I can.
Should legal action be required, the men already have talked to an organization which will provide legal assistance in Minnesota. I write this in hopes that this matter can be resolved without civil suit and without getting an attorney involved. Suing in federal court for the gross violations of the Minneapolis police can only cost the taxpayers of Minneapolis a lot of money for a hopeless cause. The story of the men whose rights were violated is all on DVD. It will be online on my website and also on facebook very soon. The law is clear as to the rights of people to preach, teach, speak, etc. on the public forum. The police, as I understand it, threatened the preachers with arrest for disorderly conduct and hate speech, if they did not leave in 5 minutes. The police did no investigation; they just threatened the street preachers. The street preachers know all about the law involved.
I am sure that you, as city attorney, are very familiar with First Amendment speech rights in the public forum. So that you know that the street preachers are also familiar with that law, you may refer to a tract which they are familiar with and which I wrote: the tract, “Street Preaching in America: Is It Legal” is online at https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/tract-street-preaching-in-america-is-it-legal/. More legal information on free speech rights in the public forum is linked to on the website page listed in the next paragraph, a page they are familiar with.
These men have had to deal with matters like this before. You can read some of their trials and tribulations at https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/december-25-2013-an-unfolding-street-preaching-battle-in-northfield-minnesota/. In every case on that cite, you will find that the city police and government involved relented when the civil rights violations were brought to the attention of the city attorney, mayor, city council, Chief of Police, and police departments. The police department was instructed as to the law of speech in the public forum and thereafter ceased to violate the rights of the public speakers since they obviously did not want to waste taxpayer money for issues which are firmly entrenched in American law.
Hopefully, we will be able to resolve this matter in accordance with the law, and the police department will be educated on and thereafter do their job in these type situations (to protect peaceful public speakers who are exercising their constitutionally guaranteed freedoms from those who are so offended by protected speech that they lie, assault, etc. those who say things that upset them in public and so forth).
The street preachers have informed me that at least one of them was assaulted by an offended listener, yet the police refused to follow up on their complaint concerning the assault. The complaint was only made after the police rudely violated the civil rights of the preachers.
I will be contacting the chief of police, the city council members, and the mayor in our sincere attempts to resolve this matter in the most reasonable, lawful, and Christian manner without having to resort to legal actions which will cost your taxpayers a lot of money.
Yours Most Sincerely,
Jerald Finney
I received a response from the city attorney to the above e-mail on 041915 requesting specifics of the location of the incident. I promptly replied and included a link to the Youtube address (https://www.youtube.com/watch?v=Lh4h8q_WbkY) of the video of the encounter with the police.
We received back an e-mail from the Minneapolis PD. The e-mail (absent phone nos. and names) was as follows (in red):
Minneapolis [e-mail address removed]; To jerald.finney@sbcglobal.net; April 19, 2015 at 1:18 PM
Dear Jerald,
We appreciate your email.
You can file a complaint against the officer online and I have attached the link to this email [link removed]. You can also call Police conduct for them to review your video at 612-673-5500.
If there is anything else we can help you with please contact us. Thank you for emailing the City of Minneapolis.
Pastor Jason filed a complaint on 4/20/15 and will be called Police conduct to have them review the video(s).
If need be, the e-mail addresses for the city council members and city attorney will be obtained , letters will be e-mailed to them, etc. Hopefully, the actions already initiated will, when completed, resolve this problem.
Pastor Jason Cooley received a letter dated April 30, 2015 from the Minneapolis Office of Police Conduct Review. The following is a picture of that letter:
I will be dealing with the UMPD according to their guidelines (Addressing Concerns or complaints) starting Monday, October 12, 2013 and will supplement this article accordingly. I will begin by trying to handle this informally, but it that does not work, a formal written complaint will be filed.
Again, as always, these actions are being taken in an effort to settle this matter without having to go to Federal Court. Such action can cost the citizens of Minneapolis (or the University of Minnesota), as well as the department and individual officer(s) involved, a considerable amount of money in attorneys’ fees alone; and all for a hopeless cause the law of which is well established in American law. Of course, should the Chief, the Mayor, the City Council members, and the city attorney fail to respond properly, they, as well as the city, may also become subject to suit.
I e-mailed a letter (click here for online of the letter) and also sent it CMRRR on November 2, 2015 the Minneapolis Mayor, Chief of Police, Lieutenant David Wilske (Patrol Division, University of Minnesota Police Department), The Ward 2 City Councilman, the Commander of the 2nd Precinct, and the City Attorney
The OPBC street preachers street preached in Dinkeytown and then outside the University of Minnesota football stadium (during and after the Minnesota/Michigan football game) on October 31, 2015.
Officer Wilske courteously replied to my e-mail on November 4, 2015. He stated that he already understood First Amendment speech rights, that he observed a group of street preachers at Dinkeytown and outside the football stadium on October 31, and reminded them that they cannot ” block passage of pedestrians or sidewalks and they understood this and abided by this.”
At this point, the problem seems to have been brought under control. The men of OPBC want to thank Lieutenant Wilske for his courtesy and professionalism in dealing with them and this matter.
Other DVD’s taken at the scene are not published online.
The Minneapolis Police have now done their job, to this date (November 23, 2015) when the men of OPBC have street preached there. On November 4, 2015, I received an e-mail from Lieutenant Wilske in which he said that he understood 1st Amendment rights and will refresh the officers memories on this.
The men of OPBC street preaching ministry, as should all citizens of the city of the United States, wish to thank Lieutenant Wilske and the other Minneapolis police officers who respect and obey the law. The freedoms provided for in the Constitution of the United States and lower laws make this a better place to live.
I received the following testimonial concerning God Betrayed/Separation of Church and State: The Biblical Principles and the American Application on October 5, 2015. Prior testimonials have been made verbally and some in writing, but I never thought of keeping a record of them until now.
The following was my first reply to the above on October 5, 2015:
I then replied with links to some relevant on line articles including:
At one time the roots of my family were American revival, Bible Christian, saved by the Spirit of God faithfully preached & received with repentance & faith. All of them were, of course, immigrants out of the Old World Order Roman Whore-State oppression. But gradually the memory of the reality & truth of all that history & sound Biblical history and doctrine was lost in American optimism and the 1 Thess 5 & 2 Thess 2 one world dream and delusion til at some point my forefathers fell away through the many Luciferian attacks and tempted flesh of hypocrisy & godman humanism. My maternal grandfather was a charming man of Irish descent, and judging by names Roland and Hiram, at least a second generation Freemason –deep enough in to be a Shriner. I know now what that means, and that it is just one of the many manifestations of lying idolatry & godman popery– the ancient fertility-drunkenness-power religion of ‘forces’ and ‘depths of Lucifer’ knowledge-‘science’.-falsely so-called. Impurity, alcohol and pride take their tolls on progeny. My paternal grandfather had a background of Lutheranism and Brethren, & went Pentacostal little god power worshipper, keeping a thin veneer of religion with that ‘more generous’, exciting & permissive ‘Jesus’ some are calling the ‘hippie’ or androgynous ‘Jesus’. Impurity and alcohol and mammon. I was a selfish, defiled, rock and roll, fornicating mess, confused by the hypocrisy and doubletalk, and the spiritual morasse that is public school Temple pretending to be ‘secular’ and ‘neutral’ that also teaches with Freemasonry, Pentecostal idolatry and assorted forms of popery and godman religion that the road to ‘happiness’ and ‘success’ lies through succumbing to lust & covetousness, impurity, and ‘whatever it takes’ pragmatism —with busy-ness, constant entertainment and alcohol or drugs, legal pharma or illegal depending upon the ‘hook’ and ‘path’ to success that our combination of sin & personality and Satan’s deluding temptation took in our lives when we made choices turning from truth & God permitted us to manifest what we truly loved —— to numb conscience & the merciful call of the Holy Spirit of Truth, and to get ‘the feeling’ of justification and ‘power’. Folly. Folly. Folly. But by the grace of God, He has led me through and out—-by a VERY crooked path & low road due to my own sinful choices. But I could never turn entirely from truth & would seek truth & trust unwisely to be deceived by each ‘answer’ in turn til reaching some obvious point of demonism, hypocrisy or deceit that even I could recognize by the John 1 & Romans 2 gift of the light of the true Jesus Christ & conscience, sullied as mine was. He led me in and out of psych-ology sorcery ‘soul’ science and seeking help and guidance of the new priesthood confessional and money-making, controlling mechanism of the new confessional ‘counseling’ of ‘social science’ with its blame-and divide, no responsibility or sin (hence no freedom or victory in Christ possible) dialectic and futility, and in ‘sales’ training in manipulating people illegitimately. He led me through Pentacostalism-Charimaticism, Unitarian witchcraft and purposeful ‘blind’ leap hypocrisy and spell-casting ‘visualizing’ and selective sight and ‘higher power as you perceive he-she-it’ to be and ‘Mother-Father God’. Truth always kept me from utterly ‘letting go’ or taking that blind leap to opening to demon possession –but I saw enough manifestations of the cold cunning of evil when the beautiful masks would slip, or the real meaning of the pretty, soothing, justifying words of what was ‘necessary’ to be ‘successful’ or to ‘progress’ to flee. What can I say of the disillusionment & denominations & varieties even of ‘baptists’ after that? Neoevangelicalism, neo-orthodox, Purpose Driven, CCM, and Reformed Reconstructionism and Political Right, the inter-denominational small groups ‘Bible’ version tango and dialectic game pretending to be ‘Bible Study’ for the purpose of ‘building’ faith while really seeking to pinpoint those holding real faith, then ‘siccing’ the ‘group’ on them: headed by a seme-tery-trained ‘master doubter’ with the ‘deeper knowledge’ purposely steering & promoting doubt & turning souls from trusting God and His word to trusting self and men —-the ‘new’, more genourous ‘luv’ and ‘tolerance’ that is 2 Peter 2 slavery; false ‘Bible’ translation work, impurity, mammon, hypocrisy, sodomy, alchol and drugs, Promise Keepers, false ‘Christian’ curriculums in history and even ‘Creation’ Science a minefield of cults supposedly in ‘common’ faithand standing on the ‘authority of God’s word’ (just not His authoritative word —-the only ‘version’ universally hated in EVERY ‘union’), David Barton’s lying ‘history’ and ‘Wallbuilder’ —-dialectic partition to herd souls back to the tyrannical, impure Roman union with anything but truth, purity and holiness …. In spite of it all, the Lord saved me by the word and the Spirit. Now that I understand more, having senses better exercised, and I am aware just how eaily we can be deluded, and the terrible price to succeeding generations when their elders are confused, deluded or apathetic in these perilous days of see no evil, hear no evil, speak no evil ‘positive attraction’ —no contending, no sin confrontation —-now I am passionate to point out the distinctions and points where these ‘isms’ joining in their common antichrist depart from the faith once delivered. ————And though I know we must hold to 2 Timothy 2 in our confrontation, in love and that He saves souls like mine out, as burning brands —-I also know that many of these ‘teachers’ are NOT ignorant of what they are doing, and that they are certainly NOT doing it from alongside on the level ground at the foot of the Cross, or in good faith —-but as the false Romish godmen and the imams, gurus, and sorcerers purposefully misrepresenting themselves AND the faith in order to captivate, exploit & merchandise & lead souls astray for their own gain and glory, nothing to do with Christ or the truth. Their ‘mercy’ is cruel and their ‘truth-telling’ is lying. ——————-I am very thankful for those who stood their ground and contended in the often thankless task of true shepherds and teachers. David Cloud helped me immensely in Bible, King James and church history, heretical movement discernment. Brannon Howse to a certain extent til I realized his Reformed hero worship and man-over-Bible stance that stops him short of confronting certain truths —I suspect purposeful since he doesn’t respond or pursue source citations not in line with his agenda. Lord knows I’ve seen that symptom before! …Dave Hunt was helpful on Calvinism and some other things concerning the cults, and Ed Decker of Saints Alive on Freemasonry & Mormonism. Thomas Ross and Kent Brandenburg’s, James Beller and Kent Hovind’s pre-prison work, and your own witness, with Brother Cooley clarified the last remaining questions & doubts I had of receiving and understanding the much denied Psalm 2 and 82 conspiracy of the ‘gods’ of antichrist. Now I know that I know that I know smile emoticon —and learned the hard 1&2 Corinthians, Hebrews 12 way. And I know my purpose in the body is to confront with the reasons —–the particular reasons—for the faith that I hold, versus the particular deviations and wrestings and techniques of the antichrist claims that seek to insinuate themselves
Legal question asked on AVVO on May 12, 2015 from one wanting to know why drawing a cartoon of Mohammed was not the same legally as yelling “Fire” in a crowded theatre with my reply and the reply of some other lawyers with whom I agree.
Asked on AVVO on May 12, 2014 – Dallas, TX
Practice area: Constitutional
See an article on the incident referred to in the above question at: Garland, Texas, Shooting Suspect Linked Himself To ISIS In Tweets (Note. I commend the police for bravely doing their job according to the law. Two of the Muslims, according to the article, “wore body armor. They carried assault rifles. And one had declared loyalty to ISIS.”)
The following was the question:
“Why isn’t the contest to draw Mohammad in Garland Tx recently the same as yelling ‘Fire!’ in a crowded theater and not protected a known hate group held a contest to draw a ‘cartoon’ of the Muslim prophet, Mohammad. In doing so, the group knew full well it would likely result in violence against those attending. In fact, only the Muslim protesting the drawing were killed as they approached the facility armed with weapons.”
My reply on May 12, 2014 (I did not address some of the issues raised in the question since I agreed with some other lawyer responses, some of which are below. Rather, I tried to offer some insights into the differences between certain Islamic beliefs and certain principles of freedom found in the United States Constitution.):
The religion of Islam has entirely different principles about some matters than does the religion which was responsible for giving the United States freedom of religion, speech, assembly, press, and the right to petition the government for a redress of grievances. These freedoms are denied in many Muslim countries where Christians and others are persecuted and/or killed. Prior to the adoption of the Constitution and the First Amendment, all these freedoms were denied in most of the American colonies (as they had been in the Old World where Catholicism or some form of Protestantism combined with the state).
These freedoms are secured by the First Amendment to the United States Constitution which says:
The First Amendment to the United States Constitution.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Anytime religion and state unite, as proven by history, the result is the labeling of those who do not support and embrace the state/religion and “heretics” and their persecution and elimination. At least 50 million of such so-called “heretics” were murdered by the combination of church and state during the reign of Catholicism, and then by Protestant church state unions which adopted the church/state theology of the “mother” church (harlot). Those “heretics” believed in freedom of religion, freedom of conscience, and the other freedoms in the First Amendment. Their beliefs were based upon a literal interpretation of the Bible, not on the “spiritual” interpretations of the Catholic church which basically held that the Bible was open to interpretation by certain “spiritual” people (such as Origin, Augustine, and Thomas Aquinas). Those interpreters paganized and spiritualized, according to their preferences, the great truths of the Bible.
As to the speech issue you mention, the teachings of Islam are fundamentally different from those of those Christian “heretics” who stood against the union of church and state and for freedom of speech, press, religion, and assembly and which resulted in the freedoms in the First Amendment. Many of the Moslems who live in America have brought with them their Muslim beliefs and wish those beliefs to be applied in America. In order for that to happen, American law would have to be fundamentally rewritten.
A cross in a jar of urine is protected speech in America. Other odious depictions of Christ in movies, paintings, signs, etc. are common in America. As a believer, I detest those things, but I also believe in everyone’s right to the freedoms in the First Amendment. I don’t believe in killing anyone for their religious beliefs (as long as those beliefs do not result in murder, stealing, or some other crimes against one’s fellow man). The law protects, and rightfully so, those who express and practice their religious beliefs – even those who criticize other religions, religious leaders, etc.
This answer is not intended as and should not be relied upon as legal advice. Professional legal advice requires…
Answered May 14, 2014. Contrary to popular belief, yelling “fire” in a theater is not the most recent case law on clear and present danger. Schenck v. United States has been superceded by Brandenburg v. Ohio. Hate speech has also been approved as protected by the First Amendment (Virginia v. Black upheld a cross-burning). Hate speech is now akin to viewpoint discrimination. If the “hate group” was prohibited from having a drawing contest of Muhammed, then THEY would sue for violation of free speech rights.
The Constitution doesn’t protect against people being upset. The Constitution protects the speaker’s rights. Yelling “fire” causes panic to a reasonable person. A reasonable person would not have some impulse to hurt or kill other people because their religion/beliefs/opinions are threatened. The fact that they approached the facility armed with weapons WITH THE INTENT of committing a crime against someone who was expressing free speech shows they were in the wrong.
If you want this liberal/progressive defense of free speech that Pamela Gellar and company were engaging in, I suggest you watch some of the debates between supporters of Islam and with progressive TV host Bill Maher.
This answer is not intended as and should not be relied upon as legal advice. Professional legal advice requires…
Answered 28 minutes ago. Because it’s not illegal to “yell ‘fire’ in a crowded theater”; it’s “illegal to FALSELY yell ‘Fire!’ in a crowded theater”, which results in innocent people doing perfectly legal and reasonable things, and getting injured as a result.
Mounting an armed attack against someone who makes fun of your religion is, in the United States, neither legal nor reasonable, and isn’t innocent; it’s a crime.
This answer is not intended as and should not be relied upon as legal advice. Professional legal advice requires…
Answered a day ago. I think the big difference is that yelling “fire!” in a crowded theater will lead reasonable people to panic and potentially be injured, whereas drawing Mohammed will lead only criminals to react in a way that will cause injury.
This answer is not intended as and should not be relied upon as legal advice. Professional legal advice requires…
Speech in the public forum is protected by the First Amendment to the United States Constitution.
This brief article first presents a question by a person who was planning to demonstrate in the public forum in America. The question was asked on AVVO, a website where people can ask legal questions and get online answers from attorneys. Following the question is my answer which the asker names as the best answer. At the end is the link to the AVVO page where one can see the question and answers from various attorneys, including my answer.
The question was:
“I am planning a legal protest. I will be in Grove City, Ohio. I will be in a public area (sidewalk). I would like utilize my rights to the fullest extent of the law and I do not want to go to jail. Other than my 1st amendment right secured by the United States Constitution, what other laws protect me? Can you please cite case law or ORC sections? Do I need to procure a permit? I have a written statement prepared for any police officers I may encounter. It invokes my right to remain silent and refusal to answer verbal questions. Thank you ladies and gentlemen!”
My answer was:
The First Amendment to the United States Constitution.
“The First Amendment protects speech in the public forum. The First Amendment is the highest man-made law in America and only God’s law is higher. All lower laws (State, county, and city) are subject to the First Amendment. As you will see on some of the resources linked to below, even state constitutions, county and city ordinances usually reflect First Amendment rights.
“Speech includes the spoken word and signs you carry. Depending upon the noise ordinance of the city, you may not be allowed to use amplification (such as a megaphone).
“You cannot violate legitimate laws such as laws obstructing a highway, sidewalk or passageway, commit criminal trespass, etc., but the police may not use those laws to stop your legitimate speech. Some of the links below are to resources which tell you exactly what the Supreme Court has said about these matters.
“Police will sometimes falsely arrest people. It is a good idea to have someone videotape all your activity from beginning to end, so you will have proof of the facts. Police are trained to “constructively bend the truth” (lie). so as to cover their own illegal activities. For more on this, see the following resources:
“https://opbcbibletrust.wordpress.com/contents/books/street-preaching-in-america-is-it-legal-tract/ (go there and click link). This goes over the hierarchy of law on this matter, including relevant Supreme Court caselaw.
“https://opbcbibletrust.wordpress.com/miscellaneous/jerald-finney-legal-issues/ (The links to my brief in the Steve Drake case will be very helpful.)
“https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/december-25-2013-an-unfolding-street-preaching-battle-in-northfield-minnesota/ (real life run ins with the law by those speaking in the public forum.)
“I send you the above links because I don’t have room in this limited space to appraise you of your rights, how to deal with the police, etc. The resources will be very helpful to you. I have settled many problems where police try to interfere with or prevent speech in the public forum.
“It is best to alert the appropriate law enforcement agencies, the city attorney, and maybe even the mayor and city council members before the date of your speech. E-mail them and/or send certified letters RRR. Call them beforehand. Let them know that you will be speaking in the forum and that your speech is protected. Let them know that should the police interfere with your speech, falsely arrest you, etc. that the individual police person(s) who violate your rights, the police department, the chief of police, the mayor, the city council members and the city can be sued for damages.
“Some cities and their police and other peace officers know that speech in the public forum is protected in America. Others don’t and they have to be educated.”
Denise Porter is a believer who, like myself, followed Christian historical revisionism, in hopes of making her family better and bringing America “back under God.” When new light came, when the lies she was following came under the light of truth, she loved the light. She – unlike those who doeth evil and hateth the light, did truth and came to the light, that her deeds might be made manifest, that they are wrought in God. She replied to a post I put on Facebook. Her comment was:
My post was:
The local church sanctified and cleansed by the washing of water by the word——————–A ministry of Charity Baptist Tabernacle of Amarillo, Texas led by Pastor Ben Hickam. "Would to God ye could bear with me a little in my folly: and indeed bear with me. For I am jealous over you with godly jealousy: for I have espoused you to one husband, that I may present you as a chaste virgin to Christ. But I fear, lest by any means, as the serpent beguiled Eve through his subtilty, so your minds should be corrupted from the simplicity that is in Christ" (2 Corinthians 11:1-3). ————————————Jerald Finney, a Christian Lawyer and member of Charity Baptist Tabernacle, having received this ministry in the Lord, explains how a church in America can remain under the Lord Jesus Christ and Him only. "As every man hath received the gift, even so minister the same one to another, as good stewards of the manifold grace of God. If any man speak, let him speak as the oracles of God; if any man minister, let him do it as of the ability which God giveth: that God in all things may be glorified through Jesus Christ, to whom be praise and dominion for ever and ever. Amen" (1 Peter 4:10-11; See also, Ephesians 4::1-16 and 1 Corinthians 12:1-25). "Take heed to the ministry which thou hast received in the Lord, that thou fulfil it" (Colossians 4:17). "And hath put all things under his feet, and gave him to be the head over all things to the church" (Ephesians 1.22; See also, e.g. Colossians 1:18).
Simply Church 