Separation of Church and State Law

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Jerald Finney: Legal Issues

Left click here to go to “Law on Church Organization (Trusts, Property tax, etc.)” page.

Left click here to go to “Court Cases of Interest” page.

Left click here to go to “Law Review Articles on Church 501(c)(3), etc.” page.

Click here to go to “Don’t talk to the police” presentation by law professor and a police officer.-

Click here to go to a youtube presentation of drivers in Florida not talking to police (this is under Florida law).

Article: The Roberts Court Has Been a First Amendment Champion by Steve Chapman (July 27, 2017)

1. Some states are beginning to stand against federal government tyranny. The Supreme Court declared itself to be the final arbiter of the Constitution. Federal agencies make law. The example most relevant to this website is the adding, by the Internal Revenue Service, of a fifth rule (“shall not violate fundamental public policy”) to Internal Revenue Code Section 501(c)(3). Of course, that addition was contested in Bob Jones University, 461 U.S. 574; 103 S. Ct. 2017; 76 L. Ed. 2d 157; 1983 U.S. LEXIS 36; 51 U.S.L.W. 4593; 83-1 U.S. Tax Cas. (CCH) P9366; 52 A.F.T.R.2d (RIA) 5001 (1983); the Supreme Court upheld the IRS law. See the following articles.

2. Steve Lee Drake v. State of Texas (This was a case in which a sidewalk counselor at an abortion clinic was falsely charged with violation of the City of Austin, TX sign ordinance. In falsely charging Steve, the city violated his First Amendment freedom of speech. Jerald Finney handled the case from trial (Finney’s second trial) to final appeal (his first appeal) and reversal of Steve’s conviction and order to dismiss).

Simply left click to go to a particular document:

Brief for Appellant Steven Lee Drake (PDF)
State’s Reply Brief (PDF)
Appellant’s Reply To Brief For Appellee (PDF)
Decision Of Court Of Appeals (PDF)
Trial Court’s Finding Of Not Guilty In Compliance With Judgment of Appeal Court (PDF)
Trial Court’s Final Letter To Attorney Jerald Finney (PDF)

3. Jury Nullification: Article, Brief, and Requested Jury Instruction (by Jerald Finney)

4. The Legality of Door-to-Door Evangelism (by Jerald Finney)

5. Summaries of all U.S. Supreme Court Cases Dealing with Parental Rights (Researched and prepared by Jerald Finney for the Alliance Defense Fund in 2002. This has not been supplemented since original publication.)

6. Summaries of all 5th Circuit Cases Dealing with Parental Rights (Researched and prepared by Jerald Finney for the Alliance Defense Fund in 2002. This has not been supplemented since original publication.)

7. Summaries of 5th Circuit Cases Dealing with Abortion (Researched and prepared by Jerald Finney for the Alliance Defense Fund in 2002. This has not been supplemented since original publication.)

8. The Force Is All Around Us – Even in Our Courtrooms (Article by Jerald Finney)

9. December 22, 2013: Lawless Police Officer Attacks Street Preaching In Northfield, Minnesota (On the law concerning street preaching)

9a. Tract: Street Preaching in America: Is it Legal?  

10. Article by Jerald Finney: “Is It Wrong For A Believer To Sue For Violation Of His Constitutional Rights? A Real Life Study

11. Booklet by Jerald Finney: Critique of Church Freedom and the Corporation Sole Website. This booklet reveals the truth about church corporation sole organization.

12. Booklet by Jerald Finney: Ecclesiastical Law Center Exposed. This booklet explains the ordinary trust and exposes the problems with the trust recommended to churches by the Ecclesiastical Law Center.

13. Article by Jerald Finney: Can a church force a homosexual to turn straight to stay in the church? (090915)

14. Article by Jerald Finney: Moslem question on AVVO concerning free speech in America with answers from lawyers (092015).

15. Article by Jerald Finney: Lawyers answer question about speech in the public forum in America (091915).

16. Letter to city officials concerning up-coming street preaching by men of OPBC (102115).

17. Are you ready to lose your job or be dismissed from school for your faith? Important Freedom Of Religion Cases Lose On Appeal (041315)


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