Legal Commentary

Preacher Does Time For Writing That Judge Could Be Punished By God

By TChris

The Rev. Edward Pinkney was the Green Party candidate for Congress in Michigan's 6th District. He earned a respectable 3,500 votes despite his inability to leave his prison cell to attend campaign events.

According to an AP story, Pinkney was convicted in 2007 of "paying people to vote in a Benton Harbor election." He was placed on probation.

Months later, he wrote an article in a Chicago newspaper, People's Tribune, saying the judge who handled his case, Alfred Butzbaugh, could be punished by God with curses, fever and "extreme burning" unless he changed his ways.

For that exercise of free speech, Pinkney's probation was revoked. A different judge imposed a 3 to 10 year prison sentence. The ACLU is helping Pinkney appeal. Today it asked the appellate court to release Pinkney on bond while his appeal is pending. [more ...]

"To our knowledge, this case marks the first time in modern history that a preacher has been imprisoned for predicting what God might do," said Michael Steinberg, legal director for the ACLU in Michigan.

Of course, that's not how the sentencing judge saw it. You never want to be sentenced for threatening a judge.

"Those are words that would ... put the fear of God into anybody, as a threat that this could happen to them if they do not do what Mr. Pinkney wants him to do, whatever that might be," [Judge] Wiley said, according to a transcript [of the sentencing].

With due respect, Judge Wiley, putting "the fear of God" into somebody is what preachers do. Do you really fear that God does Rev. Pinkney's bidding? Do you really believe Pinkney made a true threat to inflict "curses" and "fever" on his sentencing judge? If he didn't, the First Amendment protects Pinkney's right to preach his beliefs and to criticize public officials.

Full post as published by TalkLeft on November 12, 2008 (boomark / email).