First Amendment triumphs again
October 12, 1998
The First Amendment, possibly the most brilliant piece of law ever written, proved its worth again last week.
Menno Byler, a 42-year-old man from Davis City in southern Iowa, was ticketed in August for driving his horse-drawn buggy without displaying a state-mandated orange reflector.
Seems like an open-and-shut case: Byler pays his fine, buys a reflector and tacks it onto the buggy.
But Byler is Amish, and the highly visible reflector would violate his religious commitment to a simple, unadorned lifestyle.
So he fought the ticket in Decatur County Magistrate Court, and thanks to the constitutional intelligence of Judge Robert A. Rolfe, he won.
Police officers said Byler was a danger to public safety, but they could cite no accidents in the county to prove their point, leaving Byler’s beliefs as the touchstone of the case.
And, as Rolfe wrote in his decision, “The right of free exercise of religion has been and should continue to be one of the most fundamental beliefs of American citizens.”
Kudos to Rolfe for fulfilling the original purpose of the First Amendment: protecting those in the minority, especially when their viewpoints are offensive, obscene and unpopular.
Most everyone wholeheartedly supports the First Amendment — except when they don’t like what’s being said, written or preached.
Freedom of speech is great when someone is advocating affirmative action, but do you support the Nazi Party member spouting hate on the street corner?
Freedom of the press is wonderful when a columnist is lambasting corrupt politicians, but do you appreciate the forum provided for uninformed complainers?
Freedom of religion is comfortable when the congregation is talking about love and compassion, but do you recognize the legitimacy of a Satanic ritual?
These are the people who need protection, not the indomitable trumpets of the majority.
As Supreme Court Justice Antonin Scalia said in R.A.V. v. City of St. Paul, “The First Amendment does not permit [government] to impose special prohibitions on those speakers who express views on disfavored subjects.”
Amen to that, and may all those with unpopular beliefs be as fortunate as Menno Byler.