Here is a very interesting en banc decision, just issued by the United States Court of Appeals for the Seventh Circuit. A divided panel of that court had concluded that the City of Lafayette, Indiana could not -- consistent with the Constitution -- ban a convicted sex offender (whose victims included children) from City parks. The City's ban came after City officials learned that the offender -- "Mr. Doe" -- was in the habit of "cruising" City parks, and engaging in sexual fantasies involving the children playing in the parks.
The United States District Court rejected Doe's First and Fourteenth Amendment challenges to the ban, and disagreed with the claim that the ban effectively punished Doe for his thoughts. In its en banc decision, the Court of Appeals agreed, per my colleague Judge Ripple, that the ban did not violate the First Amendment: "It is difficult to ascertain how the freedom of self-expression is implicated" because Doe's conduct -- i.e., "cruising" the parks for kids -- was not "infused with an expressive element." The Court concluded, "we have nothing approaching 'expression'; instead, we have predation." Apart from the First Amendment issue, the Court concluded also that the ban did not punish Doe for pure, or mere, thoughts -- thoughts that the City disapproves -- but rather (assuming the ban constitutes "punishment" at all) for the expression of those thoughts in dangerous conduct.
There's a lot more here, and the dissent is well worth reading. I had planned to teach the panel's decision in my criminal law course; the case grabbed my attention, touching as it does on a line from the Confiteor: "in my thoughts, and in my words . . ."
Rick
Sunday, August 1, 2004
From the LA Times (reg. req'd):
Father Marcos Gonzalez ..., an associate pastor at St. Andrew Church in Pasadena, is hardly a relic from a fading past. At 41, he offers one glimpse of the future as a member of a new breed of younger priests ordained during the 25-year papacy of Pope John Paul II and passionately committed to the pope's orthodox teachings.
As the health of John Paul — now 84 and the third-longest serving pontiff in history — continues to falter, men like Gonzalez stand ready to guard and propagate his legacy. They represent a global trend toward Christian orthodoxy, in contrast to a generation of more liberal priests ordained during the 1960s reforms of the Second Vatican Council. ...
In general, ... the "John Paul priests" are less supportive than older colleagues of optional celibacy, women priests, the democratic elections of bishops and greater lay leadership, according to numerous surveys. They show less tolerance for dissent against church teachings. And they are more apt to favor greater use of Latin prayers, special vestments, bells and other traditional touches to restore a sense of sacredness to the liturgy ....
Praise God for raising men like this to the priesthood. Given what one hears about the seminaries out here, of course, I'm surprised they made it through. Even in the seminaries, however, the Times article suggests things are changing for the better:
In 1981, he entered St. John's Seminary in Camarillo right after high school. The experience, he says, was filled with conflict. His class of about four dozen men, mostly conservative, challenged the more liberal faculty. The young seminarians asked for uniforms, more discipline and more group devotions such as the rosary. The students also asked for more of John Paul's teachings in class. "The faculty gave the perception that they were suspicious of this pope and that somehow he was turning back the clock," Gonzalez says. "We were perceived to be in line with the pope, so we were also viewed with suspicion."
Weary of the conflict and hoping to help support his parents financially, Gonzalez left the seminary for four years. In 1991, after a stint with a hospital trade association, he returned to the seminary and found the instruction far more balanced. He was ordained in 1994.