Federal Court In Montana Keeps War Memorial In Place

The American Center for Law and Justice (ACLJ), which focuses on constitutional law, today called a decision by a federal court which clears the way for a statue of Jesus to remain as part of a World War II memorial on a Montana mountain a "win for protecting the religious heritage and history of our nation." A federal judge dismissed a lawsuit filed by an atheist group – Freedom From Religion Foundation (FFRF) – concluding the memorial did not violate the Establishment Clause of the First Amendment.

The ACLJ filed several amicus briefs, representing more than 100,000 Americans and a total of 19 members of Congress, to keep the Jesus statue on Big Mountain.

"We are extremely pleased that the courts finally recognized the absurdity of this lawsuit," said Jay Sekulow, Chief Counsel of the ACLJ. "Dismissing this case is not only a win for protecting the religious heritage and history of our nation, but for the soldiers and veterans of World War II as well. A memorial like this, created and placed on this mountain by the veterans themselves, deserves to remain there. It honors and commemorates the basic human rights that the FFRF manipulates to routinely counteract the rights of others, like the soldiers who fight for them."

The atheist group filed the suit more than a year ago, calling the memorial "a ruse and a sham" and demanding the National Forest Service remove the display.

Part of a war memorial on Big Mountain at Whitefish Mountain Resort in Montana since the 1950s, the statue was inspired by monuments the soldiers – who were also members of the Knights of Columbus – saw in the mountains of Europe during the war.

"The statue does not convey to a reasonable informed observer that the government, rather than a private party, endorses Christianity over any other faith or the absence of faith," according to U.S. District Court Judge Dana L. Christensen. "[T]he Court finds that the renewal of the Special Use Permit does not constitute a government endorsement of a religious message and thus does not violate the Establishment Clause."

The ACLJ filed two amicus briefs in the case – one in August 2012 and one in January 2013 – and represented a total of 19 members of Congress as well as more than 100,000 Americans who signed on to the ACLJ's Committee to Defend the Jesus Statue War Memorial – Americans who support veterans' memorials and who oppose efforts to strip from public property recognitions of history and heritage that contain religious symbolism.

the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. and is online at www.aclj.org

Source... http://www.prnewswire.com/news-releases/aclj-federal-court-in-montana-keeps-war-memorial-in-place---win-for-protecting-the-religious-heritage-and-history-of-our-nation-213023701.html

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'Reality Steve' Pleads First Amendment in Lawsuit Over 'Bachelor' Spoilers

The blogger says that it is NZK Productions and Horizon Alternative Television not following the protocol of an agreement concerning contact with people affiliated with the popular ABC series.

Carbone's attorney now is looking to eliminate NZK Productions and Horizon Alternative Television, a division of Warner Bros., from pursuing a lawsuit that accuses the blogger of misdeeds.

What's more, Carbone is also looking to SLAPP away the litigation, contending that the plaintiffs are using the court system improperly to interfere with his First Amendment rights.

In a motion to dismiss, Carbone points to what the settlement actually has to say.
Read the full motion here... http://www.scribd.com/doc/125189314/Motion-to-Dismiss-bachelor

Richard Davis, Carbone's attorney, writes in the motion to dismiss, "The language of the Settlement Agreement is important because it establishes a number of permissible ways in which Defendants could obtain information concerning the Series, none of which would run afoul of the Settlement Agreement."

The defendant also faults the producers for not including a copy of the settlement with their lawsuit -- and says, "Perhaps it is not surprising … since it establishes a complete bar to one of Plaintiffs purported claims."

Specifically, Carbone says the parties agreed not to bring any claims against each other except to enforce the agreement -- which he argues precludes any claim for tortious interference. Further, he says the producers were obligated to provide written notice to him of some evidence of the breach and afford him 10 days to respond. He says these prerequisites weren't satisfied.

California's SLAPP statute provides a way for those facing frivolous claims interfering with First Amendment rights such as free speech to dismiss a lawsuit at an early stage and even win legal fees.

NZK Productions and Horizon Alternative Television believe their claims against Carbone have merit. In the original lawsuit, the plaintiffs point out that Carbone has promised to reveal "everything" about the show's forthcoming 17th cycle.

Carbone says his website qualifies for protection under the anti-SLAPP statue because "information concerning contestants on reality television shows has been held to be a matter of public interest."

Read More... http://www.hollywoodreporter.com/thr-esq/reality-steve-pleads-first-amendment-420937