Showing posts with label First Amendment. Show all posts
Showing posts with label First Amendment. Show all posts

Monday, August 24, 2026

AG to Muskogee schools: 1st Amendment did not require canceling prayer walk


Drummond tells Muskogee schools the First Amendment did not require canceling prayer walk, offers future support

OKLAHOMA CITY (Aug. 21, 2026) – Attorney General Gentner Drummond today advised Muskogee Public Schools that it was under no constitutional obligation to cancel a community prayer walk earlier this month, and offered this Office’s assistance to any Oklahoma district that receives a similar demand.

Muskogee 6th and 7th Grade Academy had scheduled a Back to School Community Prayer Walk for the morning of August 12, the day before classes began. A Wisconsin-based advocacy organization, the Freedom From Religion Foundation, sent the district a letter the day before the event demanding its cancellation. The district canceled the walk, removed the announcements and notified parents.

In a letter to Superintendent Jarod Mendenhall, Drummond concluded that no student was required to be on campus that day, that no student faced any consequence for staying away, and that the walk was scheduled at an hour when no instructional period existed to interrupt.

Saturday, February 17, 2024

Small: OSU tries to intimidate students


OSU tries to intimidate students
By Jonathan Small

In 2023 a national civil-rights organization that focuses on First Amendment issues, Speech First, sued Oklahoma State University on behalf of three OSU students, arguing the university’s harassment, computer, and bias-incidents policies violate students’ First and Fourteenth Amendment rights.

The lawsuit did not identify the three students by name. In court, OSU argued the lawsuit should be tossed unless the students were publicly identified.

OSU’s intent with that argument was obvious: to expose students to retaliation if they dared to challenge university policies.

Monday, July 03, 2023

Oklahoma leaders celebrate after ending June with major conservative wins at the Supreme Court


The Supreme Court ended June (or as I saw one person dub it, "LGBT Ramadan") with a string of major wins for conservatives. Below are press releases from Congressmen Brecheen and Hern, Senator Lankford, Attorney General Gentner Drummond, and OCPA on several of these rulings.

Friday, April 14, 2023

Civil liberties group steps in to help preacher threatened with arrest by Bartlesville judge over social media use of Bible verses against LGBTQ, public drag shows

In Bartlesville, OK, a Christian street preacher has been silenced and threatened with arrest by activist judges for daring to - on his social media account - use the Bible to denounce same-sex marriage and public drag shows. The LGBTQ insanity seems to have gripped local law enforcement and judges in Bartlesville. For much more information, the Substack blog The V1SUT Vantage has covered this ordeal extensively.

The Rutherfor Institute, a nonprofit civil liberties organization, is taking up the case on behalf of the preacher, Rich Penkoski:


Court Threatens Street Preacher With Arrest for Using Bible Verses to Criticize Same-Sex Marriage, Denouncing Drag Show on Social Media

OKLAHOMA CITY, Okla. (April 13, 2023) — Pushing back at attempts by the courts to silence individuals whose religious views may be perceived as intolerant or hateful, The Rutherford Institute is challenging a five-year restraining order against a street preacher who has been threatened with arrest after citing Bible verses on social media to express his moral concerns about a church that endorses same-sex marriage and raising awareness about a public drag queen performance that occurred in front of children.

Monday, February 27, 2023

Small: OSU embracing worrisome policies


OSU embracing worrisome policies
By Jonathan Small

There’s a reason the phrase, “It’ll never happen here,” is often filed under the category of “famous last words.”

Those who have assumed campus radicalism is concentrated in coastal universities or, in a worse-case scenario, at one particular state college, are now learning otherwise.

Thursday, December 29, 2022

Dahm files legislation to protect teachers’ First Amendment rights


Sen. Dahm files legislation to protect teachers’ First Amendment rights

OKLAHOMA CITY (Dec. 28, 2022) – Sen. Nathan Dahm, R-Broken Arrow, has filed legislation requiring school districts to inform teachers of their First Amendment rights and obtain reauthorization every year before deducting union dues from teachers’ paychecks.

Tuesday, August 23, 2022

Stitt issues executive order to reassure teacher freedom regarding unions


GOVERNOR STITT ISSUES EO TO PROTECT TEACHERS’ FIRST AMENDMENT RIGHTS AND STAND UP TO TEACHER UNIONS

OKLAHOMA CITY (Aug. 19, 2022) – Today, Governor Kevin Stitt issued Executive Order 2022-18  to protect Oklahoma’s teachers’ and school district employees’ First Amendment rights by fighting back against liberal teachers’ unions. With the executive order, Oklahoma educators will be assured of the freedom to decide whether or not to participate in unions, rather than allowing union bosses to intimidate teachers into handing over part of their salaries.

Saturday, April 17, 2021

OCPA column: OU gets warning on free speech


OU gets warning on free speech
By Jonathan Small

It’s hard to say what’s worse—that the University of Oklahoma is accused of trying to force staff and students to endorse positions they do not support, or that college leaders thought they could keep those efforts a secret.

The Foundation for Individual Rights in Education (FIRE), whose mission is to “defend and sustain the individual rights of students and faculty members at America’s colleges and universities,” recently focused its attention on OU’s mandatory diversity training.

FIRE notes that such training is not, in and of itself, an infringement on free-speech rights. But schools cross the line when they compel students or staff to endorse specific viewpoints.

FIRE says OU appears to have done just that, writing that OU’s training modules “go further, requiring students and faculty to answer questions in a manner that expresses agreement with the university’s viewpoints on thorny and difficult issues. Viewpoints with which students and faculty may not actually agree.”

Saturday, August 29, 2020

Lepak: A First Amendment victory within the Bar Association


A First Amendment Victory Within the Bar Association
By Benjamin Lepak

Attorneys in Oklahoma are required by law to join and pay dues to the Oklahoma Bar Association to practice their profession. The OBA uses that dues money for many things, including political advocacy. Consequently, lawyers are forced to fund political speech they may disagree with in order to earn a living. Many lawyers contend this mandatory bar arrangement fundamentally intrudes on their First Amendment rights.

The U.S. Supreme Court agrees. In Keller v. State Bar of California, decided 30 years ago, the Court held it unconstitutional for bar associations to use mandatory dues to engage in political speech without providing meaningful procedures for lawyers to “opt out” of funding the speech.

The key word here is “meaningful.” Last year, a Tulsa attorney filed a federal lawsuit against the OBA, alleging Oklahoma lawyers’ First Amendment rights were protected only on paper, not in reality.

Tuesday, August 04, 2020

Hern files bill to protect First Amendment activities from unequal enforcement


Hern introduces Equal Opportunity First Amendment Act

WASHINGTON, DC – Representative Kevin Hern (OK-01) introduced the Equal Opportunity First Amendment Act to the House last week. The bill addresses disparity between decisions made to ban certain First Amendment-protected activities under State of Emergency but not others.

“Most states have seen wildly varying interpretations of social distancing guidelines over the last several months,” said Rep. Hern. “In many instances, Americans are confused and horrified as their local government allows large gatherings of people exercising their First Amendment right to protest but bans church services. In many communities, businesses and shopping malls are open but houses of worship still have a 10-person limit. These inconsistent ordinances are disproportionately harming communities of faith. If the First Amendment protects protesters, it protects worshippers as well. My bill ensures that our First Amendment rights are evenly interpreted by local governments and provides a legal course of action for individuals whose rights are violated.”

Thursday, July 09, 2020

OCPA Fellow: To achieve criminal justice reform, everyone needs to chill


To achieve criminal justice reform, everyone needs to chill
by Ryan Haynie, Criminal Justice Reform Fellow at Oklahoma Council of Public Affairs

Ideas like proportionality and nuance are rapidly declining among the most vocal and those wielding the most power in our culture. In late May, a large group marched in the streets of Oklahoma City in protest of the death of George Floyd in Minneapolis. The protest eventually devolved into rioting and destruction of property.

The extent to which the destructive behavior can be associated with the original protest has been hotly debated and won’t be addressed here. The damage included everything from graffiti to a destroyed police vehicle. In short, things got out of hand. Some innocent people, including the taxpayers of Oklahoma City, suffered harm.

In response, David Prater, District Attorney for Oklahoma County, charged three individuals with multiple felonies including terrorism. Oklahoma’s terrorism statute was enacted in 2002 as a response to the 9-11 attacks. To charge these individuals with a crime intended for Al Qaeda and Timothy McVeigh defies reason.

Friday, May 15, 2020

The Oklahoma Capitol Press Corps renders invaluable service to citizens


While Oklahomans are busy at work, the State Legislature deliberates on legislation that will affect their lives. Keeping up with events at the Capitol can be nigh impossible for the average citizen, especially when the Legislature runs late-night sessions and committee meetings, pulls legislation out at the last minute, and operates in ways and uses language that the average Oklahoman is unfamiliar with.

Unknown to most people, there is a small band of journalists and media personnel that are assigned to observing the legislative session, many of whom do as-it-happens reporting on Twitter rather than just the evening print or television stories. They bring much needed light and transparency to an oftentimes dim and hidden state government.

Sen. Thompson withdraws campaign "personal slush fund" bill after heat from the press


Last night, I wrote a post entitled OUTRAGE: Senate Approps Chair amends bill to allow campaign funds for use as personal slush fund. In short, legislation was amended by State Senator Roger Thompson, chairman of the powerful Appropriations Committee and one of the handful of individuals in the state responsible for crafting state budgets, that would remove "personal use" restrictions from political campaign and committee funds, allowing them to be used for any purpose from paying a mortgage, to going on vacation, to plastic surgeries. In short, a tax-free personal slush fund.

Thanks to a vigilant press corps at the Oklahoma State Capitol, that bill was exposed to the public, and Sen. Thompson has now pulled the bill.

The Oklahoma Ethics Commission went public on Twitter around 10:40am yesterday, expressing grave concerns with the legislation. Clifton Adcock with The Frontier followed that up by publishing an article around 5pm, 'As legislative session winds down, Senator proposes amendment to allow politicians to spend campaign funds on vacations, mortgages, gifts and other personal expenses'.

Before The Frontier published their article, neither Thompson nor the other authors of HB 3996 responded to messages asking for comment.

Thompson's amendment had largely escaped attention for almost 72 hours, but by the time I published my post around 7:40pm, Thompson was already making moves to withdraw his atrocious amendment.

Tuesday, April 14, 2020

Raleigh Police tear up 1st Amendment: "Protesting is a non-essential activity"

The longer the nation is shut down due to COVID-19, the more we are seeing tyrannical, unconstitutional actions being taken by state and local governments and law enforcement.

About 100 citizens gathered in Raleigh, North Carolina, rallying to "#ReopenNC" and in opposition to Gov. Roy Cooper's executive order mandating the closure of "non-essential" businesses and activities.

Raleigh Police showed up to shut the rally down, and ended up arresting one individual. That led to the following exchange on Twitter:

Friday, April 10, 2020

TYRANNY: Mississippi police raid DRIVE-IN church services, issue $500 fines


As America grapples with how to handle the ongoing COVID-19 pandemic, government officials and jurisdictions have shut down practically everything in society, questionably suspending unalienable natural rights and self-evident truths recognized by America's founding documents.

The founding fathers would be rolling in their graves at the atrocious assaults on liberty going on today, chief of which is the all-out attack on religious freedom.

In a show of absolute government tyranny, the police in Greenville, Mississippi, raided two different Baptist churches that were holding drive-in service transmitted via FM radio in their church parking lot, issuing $500 citations to those in attendance at one church.

This makes my blood boil.

On April 7th, Greenville mayor Errick Simmons and the Greenville City Council issued an unconstitutional order targeting the specific shutdown of churches in regards to the use of their buildings and parking lots for in-person or drive-in services.

The tyrannical order stated "Churches are strongly encouraged to hold services via Facebook Live, Zoom, Free Conference Call, and any and all other social media, streaming, and telephonic platforms," which is an unconstitutional requirement above and beyond the free exercise clause of the United States Constitution as it specifically relates to religious liberties. Aside from that huge issue, it is an imposition on churches to practice their religion in ways that may be beyond their technical abilities. Government has absolutely no right or business in telling any church how they can hold their services.

This is absolute tyranny. Our forefathers left an entire continent and started a new nation in large part because of this.

This over and covert assault on religious liberty and churches in particular is going on all across the country under the thin guise of combatting a virus.

Relevant articles to read:

For liberty to be preserved, tyranny must be defied. While Christians are called to live peaceably with all men (Rom. 12:18), to be subject unto the higher powers (Rom. 13:1), the authories to which we are under are supposed to uphold the highest authority in the land, the U.S. Constitution. When they violate that authority, which recognizes natural, God-given rights that are superior to the written law, we are not bound to defer to those violations.

We are also told in Scripture that We ought to obey God rather than men (Acts 5:29), and to Render to Caesar the things that are Caesar's, and to God the things that are God's (Mark 12:17). Worship is an act that we owe to God alone, and the very word 'church' (ekklesia) means a gathering of citizens called out from their homes into some public place; an assembly... in the Christian sense, a. an assembly of Christians gathered for worship (Thayer's Greek Lexicon). 

Biblically speaking, the gathered assembly of believers is necessary for the Christian life, from practicing the ordinances (Baptism and the Lord's Supper) and the "one another's" of Christian fellowship. While there may be times when corporate worship is providentially hindered (for example, illness, disaster, etcetera), believers should make every effort to maintain corporate fellowship and worship.

Government order is no excuse for refusing to maintain Christian life, of which the ekklesia is the greatest corporate manifestation. Cancel your service for the pandemic and to preserve the health of your congregation, but never cancel simply because the government told you to, and never leave the church building vacant on regularly scheduled service times:

Here's something my pastor said last Sunday on why churches should always have someone present at regularly scheduled service times: on several occassions, he has encounted suicidal individuals searching for help. God forbid that nobody be there to help them in their hour of need:

On a sad side note, according to LifeWay Research, 3% of Protestant pastors say they will have an in-person gathering no matter what during this time. The record will show that it was not outright persecution that shut the Church down in America.

Friday, December 21, 2018

OCPA column: First Amendment threatened by Ethics Commission


First Amendment threatened by Ethics Commission

Why does an Oklahoma agency want to put you on a list, with your name, home address, employer, and information about your political beliefs all made public?

In California in 2008, the motivation behind publicizing supporters of Proposition 8 was clear: expose people who believe marriage is between one man and one woman to harassment and violence.

In Alabama in 1956, the reason state officials wanted the National Association for the Advancement of Colored People’s membership list was equally clear: expose people who believe in racial equality to harassment and violence.

Both times, state officials disdained the views of those they sought to expose. They knew that by outing those people, they would make it harder for them to organize and take action in the future. It was a way to chill free speech.

Right now, the Oklahoma Ethics Commission is trying to go beyond what California did and Alabama tried to do. It wants to put the membership lists of any nonprofit group or other association online, with each person’s name, home address, and employer, if the group expresses opinions on legislation.

The state currently only requires disclosure when someone writes a check to a campaign or pays another person to directly influence public policy. In both cases, disclosure laws are based on concerns about corruption.

It isn’t that my neighbor has a right to know which candidates I support. Nor do I have a right to know if you hire someone to talk to a legislator. The reason for laws making campaign donations and direct lobbying relationships public is simply to prevent bribery.

Courts have routinely recognized that forced disclosure laws infringe on privacy and can have a chilling effect on free speech. They uphold disclosure laws only when concern about corruption outweighs the harm done to privacy.

When Alabama went after the NAACP’s membership list, the Court found “that the immunity from state scrutiny of membership lists … is here so related to the right of the members to pursue their lawful private interests privately and to associate freely with others in so doing as to come within the protection of the Fourteenth Amendment.”

The Oklahoma Ethics Commission’s proposed rule would do exactly what Alabama wanted to do, except it would do it to all sorts of groups of people. Every Oklahoman would be at risk of having his or her personal information posted online and being exposed to harassment simply for being an engaged citizen.

Rather than of putting Oklahomans on lists and violating their privacy, the Commission should be working to strengthen our democratic system by protecting Oklahomans’ rights to free speech and personal privacy.

Jonathan Small serves as president of the Oklahoma Council of Public Affairs.

Wednesday, June 16, 2010

Must Read: NRA Sells Out First Amendment

Politico: "House Democrats have offered to exempt the National Rifle Association from a sweeping campaign-finance bill, removing a major obstacle in the push to roll back the Supreme Court’s Citizens United ruling."

RedState: