First Amendment
Preacher Granted Bond as He Appeals Sentence for Article Criticizing Judge
Posted Dec 11, 2008 12:37 PM CST
By Debra Cassens Weiss
A preacher will be granted bond as he appeals a sentence of up to 10 years in prison for an article he wrote predicting God’s wrath will be inflicted on a judge.
The Michigan Court of Appeals granted a motion Wednesday for bond pending appeal, according to a press release by the American Civil Liberties Union.
The Rev. Edward Pinkney had predicted in the article that God would smite the judge who oversaw his trial and conviction for paying patrons of a soup kitchen to vote. “The Lord shall smite thee with consumption and with a fever and with an inflammation and with extreme burning,” he wrote.
Pinkney was sentenced to three to 10 years in prison for violating his probation in the vote case by writing the article. The ACLU contends in an appeal filed on behalf of Pinkney that his statements were protected by the First Amednment.
The amount of bail will be set at a hearing in the Berrien County Circuit Court.
“We are thrilled that Rev. Edward Pinkney will be home with his family celebrating Christmas instead of sitting in prison for criticizing a judge,” Michigan ACLU legal director Michael Steinberg said in a press release. “The court properly recognized that serious constitutional questions are raised when a minister is thrown in prison for predicting what God might do.”

Comments
Jim
Dec 11, 2008 12:50 PM CST
Were they paid to “vote” or were they paod to vote for a statrd cadidate or issu.
- Perhaps the trial judge is to sensitive to the “het in her/his kitchen.”
2008-12-11-5 135 -0500
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B. McLeod
Dec 11, 2008 1:04 PM CST
I think the defendant’s problem here was the recurrent “shall.” Less a “prediction” than trying to tell God what God must do. Apart from partners in law firms, you don’t often find people who think they can tell God what to do. In this instance, prolonged custody could actually have been helpful to the defendant’s mental health, in that when he ordered God to spring him, and nothing happened, it would help dispel the delusion that he is in charge of God and the Universe. Now he probably thinks God did spring him by posting the bond.
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first amendment
Dec 12, 2008 12:39 PM CST
The First Amendment is great - except for all the exceptions. You can’t criticize the courts, judges, or lawyers, and there little right to speech at work. So basically you are left with what is done in the provacy of your home.
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