It all started when Rev. Edward Pinkney, a community organizer and associate pastor at the Hopewell Baptist Church in Benton Harbor, Michigan, wrote a newspaper editorial condemning racial injustice in the criminal courts of Berrien County.
He also expressed his opinion that a particular judge -- Judge Alfred M. Butzbaugh -- was “racist and dumb.” Then, borrowing from the Book of Deuteronomy, Rev. Pinkney predicted that if Judge Butzbaugh did not change his ways, God would punish him "with consumption and with a fever and with an inflammation and with extreme burning."
The next thing Rev. Pinkney knew he was serving a prison sentence of three to ten years in prison -- yes, years -- for "threatening" Judge Butzbaugh with the wrath of God.
As a result the ACLU of Michigan is representing a Baptist minister in what may be the first case of a clergyman thrown into prison for predicting what God might do.
The implications of throwing an individual in jail for speaking out against government are far reaching. Our democracy cannot function unless all citizens, whatever their political persuasion or favorite Biblical passage, are free to publicize their views without fear of retaliation by the government. Political opinions and religious prognostication can be harsh, offensive, even alarming to some, but allowing citizens to express their opinions without fear of imprisonment is a distinguishing aspect of American democracy.
Free speech does have its limitations however; understandably, the Constitution does not protect "true threats."
The problem with Rev. Pinkney’s sentencing, as the ACLU argued in its brief to the Michigan Court of Appeals, was that Rev. Pinkney never threatened Judge Butzbaugh. He quoted the Bible and predicted that God might punish the judge.
That means since Rev. Pinkney's powers do not include telling God what to do, to my knowledge, that his statement was no threat. Simply his statements were political commentary and religious prognostication, which of course are fully protected by the First Amendment to the Constitution.
Recently, the ACLU scored a major victory in Rev. Pinkney's case by convincing the Michigan Court of Appeals that Rev. Pinkney should be released on bail while he pursues his appeal.
After serving over a year in prison he was finally released on Christmas Eve. While an important milestone, Rev. Pickney’s release signaled the start of a new battle.
Despite a court order from the Michigan Court of Appeals saying he should be released, the trial court imposed a long list of highly restrictive bond conditions -- including 24-hour-per-day house arrest and a ban on participating in any capacity in a political campaign.
In addition to those conditions, the Reverend was also banned from giving public speeches. Without question, these conditions are unreasonable, unconstitutional, and thoroughly undermine the Court of Appeals' order granting Rev. Pinkney bail.
Rev. Pinkney's allegedly "threatening" newspaper editorial began with these words: "It is our constitutional duty as American citizens to hold our elected officials accountable for their words, actions and inaction of wrongdoing. We must draw the line and decide what to do if that line is crossed, and we must use our Constitution."
All Americans should be horrified when a preacher is thrown into prison for criticizing a judge and quoting the Bible. We must, indeed, "use our Constitution" to make sure it never happens again.
As a result, the ACLU is asking the Court of Appeals to remove these conditions and restore Rev. Pinkney's basic constitutional rights while his appeal is underway.
By Dan Korobkin, ACLU of Michigan Staff Attorney