Dismissing Religious Belief Concerns, Federal Court Rules in Favor of Texas School’s Expulsion of Andrea Hernandez Over Objections to RFID Tracking Badge

SAN ANTONIO, Texas — Declaring that a Texas student’s refusal to wear a chipless RFID tracking badge is “not grounded in her religious beliefs” and is a “secular choice rather than a religious concern,” U.S. District Judge Orlando L. Garcia for the Western District of Texas in San Antonio has denied The Rutherford Institute’s request for a preliminary injunction preventing school officials from expelling Andrea Hernandez until the case is decided.

According to the judge’s order, Hernandez, a sophomore in a science and engineering magnet school housed in John Jay High School, has until the end of the current semester to provide written notice to Northside Independent School District officials as to whether she will accept the school’s accommodation of wearing the Smart ID badge without a chip, which Andrea, a Christian, objects to on the grounds that it represents the “mark of the Beast.” The badges, part of the school’s “Student Locator Project,” include tiny Radio Frequency Identification (“RFID”) chips that produce a radio signal, enabling school officials to track students’ location on school property.

In coming to Andrea’s defense, Rutherford attorneys have alleged that the school’s attempts to penalize, discriminate and retaliate against Andrea violate her rights under Texas’ Religious Freedom Act and the First and Fourteenth Amendments to the U.S. Constitution. Institute attorneys intend to appeal the judge’s ruling.

John Whitehead Interviews Brandon Raub

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Update: Judge Orders Release of US Marine Detained for Facebook Posts

A judge has ordered the release of patriot marine Brandon Raub after he was essentially abducted and held against his will for posts he made on Facebook that the government deemed suspicious.

The judge as well as the Rutherford Institute should be applauded for their quick action in support of Raub’s first amendment protected rights.

From RT:

On the basis that there was zero reason to detain a retired Marine and commit him to a medical facility for psychiatric evaluation, a Virginia judge has demanded that Brandon Raub be released from custody immediately.

Raub, 26, had his home visited one week earlier by FBI, Secret Service and local law enforcement agents who expressed concern over a series of Facebook posts he had made on his public social networking profile.

They detained him without charge and admitted him to a local hospital for evaluation.

“The petition is so devoid of any factual allegations that it could not be reasonably expected to give rise to a case or controversy,” reads a signed statement by Circuit Judge W. Allan Sharrett, which was provided to the Richmond Times-Dispatch Thursday afternoon.

Judge Sharrett adds that he was shocked to find that a magistrate did not include any grounds at all for holding Raub, who was placed in custody for a full week without any charges being pressed.

Earlier in the week, attorneys representing Raub from the Rutherford Institute attacked the mishandling of the case by suggesting that the entire ordeal was a war on their client’s constitutional rights.

“This is not how justice in America is supposed to work — with Americans being arrested for doing nothing more than exercising their First Amendment rights, forced to undergo psychological evaluations, detained against their will and isolated from their family, friends and attorneys.

This is a scary new chapter in our history,” Rutherford Institute President John W. Whitehead says in a statement released on Tuesday this week.

“Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”

Days before he was detained, Raub had made a series of posts that reportedly worried the authorities.

His most recent postings included critique of the investigation of the September 11, 2001 terrorist attacks and other messages, such as, “The Revolution will come for me. Men will be at my door soon to pick me up to lead it” and “Sharpen up my axe; I’m here to sever heads.

“The bottom line is his freedom of speech has been violated,” Raub’s mother, Cathleen Thomas, told the Associated Press after her son was detained.

On Thursday, she told the Times-Dispatch that the entire ordeal has been “phenomenal”and that others could be considered because, “This could have happened to anyone.”

“This has never been about anything but freedom of speech…. We’re going to continue to post on Facebook,” Thomas continued, adding that she considered her son a “true patriot.”

Raub served in both Iraq and Afghanistan and says he had been considering reenlisting before last week’s events.

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Rutherford Institute Defends Marine Arrested, Incarcerated in Psych Ward & Detained Indefinitely for Posting Political Views, Song Lyrics to Facebook

Rutherford Institute

CHESTERFIELD, VA— The Rutherford Institute has come to the defense of a former Marine, 26-year-old Brandon Raub, who was arrested, detained indefinitely in a psych ward and forced to undergo psychological evaluations based solely on the controversial nature of lines from song lyrics, political messages and virtual card games which he posted to his private Facebook page. Although the FBI and Chesterfield County police have not charged Brandon Raub, a resident of Chesterfield County, Va., with committing any crime, they arrested Raub on Thursday, August 16, 2012, and transported him to John Randolph Medical Center, where he was held against his will due to alleged concerns that his Facebook posts were controversial and “terrorist in nature.” In a hearing held at the hospital, government officials disregarded Raub’s explanation that the Facebook posts were being interpreted out of context, sentencing him up to 30 days’ further confinement in a VA psych ward. In coming to Raub’s defense, Rutherford Institute attorneys are challenging Raub’s arrest and forcible detention, as well as the government’s overt Facebook surveillance and violation of Raub’s First Amendment rights.

“For government officials to not only arrest Brandon Raub for doing nothing more than exercising his First Amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon. This should be a wake-up call to Americans that the police state is here,” said John W. Whitehead, president of The Rutherford Institute. “Brandon Raub is no different from the majority of Americans who use their private Facebook pages to post a variety of content, ranging from song lyrics and political hyperbole to trash talking their neighbors, friends and government leaders.”

Brandon Raub, a former Marine who has served tours in Iraq and Afghanistan, was detained by FBI agents and police officers at his home in Chesterfield County based upon the nature of content posted to his Facebook page in recent months. Like many Facebook users, Raub uses his Facebook page to post songs lyrics and air his political opinions, as well as engage in virtual online games with other users. On Thursday, August 16, police and FBI agents arrived at Raub’s home, asking to speak with him about his Facebook posts. They did not provide Raub with a search warrant. Raub was cooperative and agreed to speak with them. Without providing any explanation, levying any charges against Raub or reading him his rights, law enforcement officials then handcuffed Raub and transported him first to the police headquarters, then to John Randolph Medical Center, where he was held against his will. Outraged onlookers filmed the arrest and posted the footage to YouTube. Law enforcement officials have stated in press reports that Raub was not arrested. However, as attorney John Whitehead points out, if the police have put handcuffs on you and you’re being held against your will, that qualifies as an arrest. In a hearing before a special justice on August 20, government officials again pointed to Raub’s Facebook posts as the sole reason for their concern and for his continued incarceration. Ignoring Raub’s explanations about the fact that the Facebook posts were being read out of context and his attorney’s First Amendment defense, the special justice agreed that Raub should be incarcerated at a VA hospital for up to 30 more days. Rutherford Institute attorneys are working to challenge Raub’s detention and the highly unconstitutional nature of the government’s actions.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated.”

Petition | The President of the United States: Free Brandon Raub | Change.org

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