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Thread: Pastor Prevails After State Officials Force Him To Turn Over Sermons

  1. #41
    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by Michael J View Post
    You do know what a cost/benefit analysis is, right?
    I did mention that to him. I do not think he knows.

  2. #42
    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by Michael J View Post
    You can't spy on someone if they openly give or tell you something.
    Well, you can ... you just would not learn anything from it. Or you would learn something else.

  3. #43
    Senior Member Michael J's Avatar
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    Quote Originally Posted by aboutenough View Post
    this is why they settle. Get sued by the defendent for firing him for his beliefs.
    They could have settled for numerous reasons. Just because someone lost a case doesn't mean they admit wrongdoing.

  4. #44
    Veteran Member aboutenough's Avatar
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    Quote Originally Posted by Ian Jeffrey View Post
    I neither disagree with the Free Exercise clause, nor do I "leave it out." It is not relevant. As the Supreme Court has ruled, the Free Exercise clause does not permit you to do anything you want as long as you can cloak it in religious belief. Behavior can be regulated, and so long as the regulation is generally applicable and does not target religious practice or otherwise violate the Lemon test, it does not violate the Free Exercise clause. See Employment Division v. Smith, 494 U.S. 872 (1990) (Scalia, J., writing for the Court). You have been referred to that case many times before, but apparently have not read it.
    this employee was protected by the Free Exercise part, and yes he was a Pastor preaching at a church, and no that is not a crime, even though his employer thought it was. The Constitution protected the employee.

  5. #45
    Senior Member Michael J's Avatar
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    Quote Originally Posted by Ian Jeffrey View Post
    Well, you can ... you just would not learn anything from it. Or you would learn something else.
    Did the plaintiff post videos of himself preaching?

  6. #46
    Veteran Member aboutenough's Avatar
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    Quote Originally Posted by Ian Jeffrey View Post
    Um, no. Settlements do not work like that.

    Besides, the plaintiff is the one who files the suit, not the defendant - who "defends" (hence the name) against the suit.

    Daniel-san, you too much TV.
    I know how settlements work. I have been in court before. There is a hearing where there is discussion about the case. There is a possible offer like a settlement to keep the case from going forward. There was $225K offered to the employee to settle the case and he took it

  7. #47
    Senior Member Michael J's Avatar
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    Quote Originally Posted by aboutenough View Post
    this employee was protected by the Free Exercise part, and yes he was a Pastor preaching at a church, and no that is not a crime, even though his employer thought it was. The Constitution protected the employee.
    The employer didn't say it was a crime to be a pastor. The employer didn't like the man's views on evolution. Evolution is how medicine is developed, and anyone who rejects the theory should not be allowed to work at a health department.

  8. #48
    Senior Member Michael J's Avatar
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    Quote Originally Posted by aboutenough View Post
    I know how settlements work. I have been in court before. There is a hearing where there is discussion about the case. There is a possible offer like a settlement to keep the case from going forward. There was $225K offered to the employee to settle the case and he took it
    That still doesn't mean the defendants admit guilt or actually did anything wrong.

  9. #49
    Veteran Member aboutenough's Avatar
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    Quote Originally Posted by Ian Jeffrey View Post
    That makes no sense. No one was spying on Walsh. He expressly was requested for copies of his sermons (why he gave them, I do not know); and they watched his videos posted publicly on You Tube.
    He should have never given his employer the sermons. They were unrelated to his job. What he preaches is protected by the separation clause

  10. #50
    Veteran Member aboutenough's Avatar
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    Quote Originally Posted by Djinn View Post
    The next time I post about an FFRF victory in which the defendants settled, will you agree that the settlement means the defendants had no defense? I'd like this on the record for future reference.
    They probably weighed being sued or settling and not being sued. It was a better decision to make if they thought there was a chance they would win a lawsuit

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