• ← Back to INVESTOR TIMES
  • Investing Articles
  • Financial Markets News
  • Tech News
  • Cryptocurrencies News
FREEDOM OUTPOST
No Result
View All Result
FREEDOM OUTPOST
No Result
View All Result
FREEDOM OUTPOST

Attorneys Call for City Representatives to Respect First Amendment Right of Naval Officer to Play 'Taps' in Honor of Fallen Heroes

Freedom Outpost by Freedom Outpost
November 30, 2020
in News
0

The Rutherford Institute is calling on officials in Glen Rock, Penn., to withdraw an order to an active-duty naval officer to cease and desist playing “Taps” on a sound system on his five-acre residential property or face a criminal fine of $300.

Lt. Commander Joshua Corney was informed that his daily evening broadcast of a recording of the traditional military bugle call violated the borough’s nuisance ordinance, which prohibits sounds that annoy or disturb others.

In weighing in on the issue, Rutherford Institute attorneys warn that the ordinance in question is overbroad, unduly vague, and unconstitutional as applied to Corney’s exercise of his First Amendment right to freedom of expression.

“Rather than enforcing ordinances that undermine its citizens’ First Amendment rights, Glen Rock Borough should work to establish policies that protect the liberty of its citizens,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People.

take our poll – story continues below Completing this poll grants you access to Freedom Outpost updates free of charge. You may opt out at anytime. You also agree to this site’s Privacy Policy and Terms of Use.

“When government officials are given the discretion to pick and choose what kinds of expression to allow and what to prohibit and penalize—no matter what form that expression takes—then the First Amendment simply has no meaning.”

Lt. Commander Corney is an active-duty naval officer who had previously played an amplified broadcast of “Taps” every evening at 8:00 p.m.

“Taps” is a military bugle call played at dusk at military installations and at military funerals. Corney’s practice is meant as a poignant and solemn reminder to the public of the great service and sacrifice made by those who are serving or have served in the U.S. military.

Nevertheless, a single complaint triggered the enforcement of the borough’s nuisance ordinance against Lt. Commander Corney’s tribute.

The Borough claims that Corney’s tribute violates the ordinance’s provisions that forbid any sound that “annoys or disturbs” others.

Consequently, on June 23, 2017, the Borough ordered Lt. Commander Corney to stop playing the recording except on Sundays and “flag” holidays.

The Borough threatened that any violation of the order would result in a criminal fine of $300.

In weighing in on the issue in defense of Corney’s First Amendment rights, attorneys for The Rutherford Institute point out that Corney’s musical tribute constitutes speech that is protected under the First Amendment to the U.S. Constitution.

“Speech” protected by the First Amendment extends to many non-verbal activities, including the playing or performance of a musical composition.

To be valid under the First Amendment, lawful restrictions on speech (1) must not be too vague or delegate excessive discretion to enforcement officials, (2) must not be based on the content of the message (3) must be narrowly tailored to serve a significant governmental interest, and (4) must leave open ample alternatives for communication.

Institute attorneys warn that the Borough’s nuisance ordinance is not only constitutionally suspect but is also unduly vague.

Vague laws offend the First Amendment because they give enforcement officials too much discretion, allowing them to decide what speech will be allowed and what will be prohibited.

In order for a restriction on speech to comply with the Constitution, its terms must contain clear standards to guide officials on the application of the ordinance to prevent arbitrary and discriminatory enforcement.

Article reposted with permission from The Rutherford Institute

Don’t forget to Like Freedom Outpost on Facebook and Twitter, and follow our friends at RepublicanLegion.com.

Previous Post

Matthew McConaughey Bashes Leftist Cancel Culture, Slams Anti-Christian Hollywood

Next Post

While Christians In America Cry ‘Peace And Safety’, Believers All Over The World Are Being Brutally Persecuted

Next Post

While Christians In America Cry ‘Peace And Safety’, Believers All Over The World Are Being Brutally Persecuted

About Freedom Outpost

The content of this site has been restored on a non-profit basis to preserve knowledge and serve as a historical archive. All articles were originally published on freedomoutpost.com and belong to their respective authors.

Freedom Outpost was an independent journal published to cover vital public policy issues and offer a public service.

Search in the archive

No Result
View All Result

Latest posts

  • Taking Sides: The Christian's Responsibility in Civic Affairs II
  • EgyptAir MS804 Flight Attendant posted Picture on Facebook of Plane crashing a year before She Died
  • Blue Angels Marine Pilot Capt. Jeff Kuss Could Have Ejected Once He Knew His Plane Was Going To Crash…But He Didn’t
  • Man Jailed After Claiming to be ‘Transgender’ to Assault Women in Shelter
  • Trump: Democrats Against North Korea Summit Just Like They Defend MS-13 & Attack Tax Cuts

InvestorTimes.com

InvestorTimes.com is a privately funded financial publication particularly created for professional and personal investors and intellectually restless individuals.

Our raison d'être is to provide insightful information to any citizen willing to understand global economical markets and the most relevant current affairs.

Contact us: info@investortimes.com

WE ARE LOOKING FOR TALENT

INVESTOR TIMES is always open to the incorporation of talent in its team of journalists and editors. If you would like to be part of our project as a collaborator, we invite you to submit your application.

Contact us: talent@investortimes.com

INTERNATIONAL EDITIONS

Investor Times en Français

Investor Times in Deutsch

Investor Times in Italiano

Investor Times em Português

Investor Times po Polsku

Investor Times на русском языке

El País Financiero (edición en Español)

DMCA.com Protection Status

  • ← Back to INVESTOR TIMES
  • Investing Articles
  • Financial Markets News
  • Tech News
  • Cryptocurrencies News

© INVESTOR TIMES

No Result
View All Result


About Freedom Outpost

The content of this site has been restored on a non-profit basis to preserve knowledge and serve as a historical archive. All articles were originally published on freedomoutpost.com and belong to their respective authors.

Freedom Outpost was an independent journal published to cover vital public policy issues and offer a public service.

© INVESTOR TIMES