----- Original Message -----
From: "Bill Turner" <wrt@dslextreme.com>
To: <k0tv@arrl.net>
Cc: "Jim Lux" <jimlux@earthlink.net>; <brewerj@squared.com>;
<towertalk@contesting.com>
Sent: Friday, August 15, 2003 8:02 AM
Subject: Re: [TowerTalk] Neighbors "rights"
On Fri, 15 Aug 2003 07:57:47 -0400, Jerry Muller <k0tv@adelphia.net>
wrote:
> The majority can say "we want to run all
>the Jews out of town" (I'm Jewish), but that doesn't mean that they can.
Religion is protected at the federal level. Too bad ham radio isn't a
religion.
---------------------------
Bill brings up an interesting point.. to judge from some contestors, I'd say
it comes close to being a cult, if not a religion. What's the legal
defintion of a religion? Are not Maxwell, Tesla, Marconi, and Hertz but
prophets?
However, there IS precedent for restricting certain religious practices
(polygamy, animal sacrifice, nude dancing, suttee, self-immolation)... They
can make "time, place, manner" kinds of restrictions and stand a fairly good
chance of holding up constitutionally. Sure, buddy, you can practice your
religion of radio, but you have to do it using structures less than 35 feet
high, etc. Same arguments apply to "freedom of expression", etc.
I'd also point out that if you are a "true believer" you need to be willing
to go to jail for it. How many would be tower erectors are willing to erect
the tower, strap themselves to it (a'la tree sitters) and wait to be
forcibly removed and dragged off to prison for contempt?
|