News Scrapbook 1985

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,324) !Cir. S. 339,788) FEB 2 0 1985

shrrif rs Bird campaign have not contacted her about the suit, they said. A spokeswom for Bird said yes-

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do the wnting. Robert L. Simmons, the USD pro- fessor who ill a plaintiff, said the suit was filed because Duffy is using his office for political activity. Last year, Simmons was the umuccessful Democratic nominee for the Ust Congressional District seat won by Rep. Bill Lowery, R-San Diego. ·•u it were John Duffy who was taking this action there would be nothlllg wrong \lilth that It's the fact that it's Sherill Duffy doing it while in uniform.'' Simmons said. See ACLU fl Page B-4

now and when the election is held." The pnnted message on the post cards, supp~ed to Duffy by Crime Victims for Court Reform, ,accuses the chief JU5tice of havin& made "our entire JudiCial system a mockery" by repeatedly deciding "cases in favor of crunmals over victim!." Duffy is a charter member of the committee that as formed last month: Murray, a Los Angel trial attor- ney, asked why Duffy thou it · necessary to wnte the post cards for c1t1zens. ·•Apparently, they don't wnte any. That's the reason he bas to

terday that the chief Justice knows nothlllg about the matter. However, Anthony Murray, pokesman for the Comm1ttee to Conserve the Courts that is upporting Bird's retention, called the post cards "nonsense. 'Of course it's political. It's en~ ly political What else could it be? He's (Duffy) creati· a drumbeat that be expects to refer to from ume to time in the fu~. They will con- tinue to ask her to res1zn between

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post card campaign is gaw.st Bird. •·u Sherill Du.Hy were campa1gpinl for Rolle Bird. we·d still be sUJDg," be said. The plamWfs have not taken a stand on Bll'd's bid for retenuon and

• Wednesday, February 20, 198S

3top sheriffs anti-Bird campaign

·Lawsu

newspaper articles about the post card distribution. ''The resulting media hysteria re- garding the so-ealled conuoversy has generated overvrnelming public requests for these post cards," he wrote in a letter. • He added: ·There is no mention on the card of any election, any cam- paign, any vote or any ballot mea• sure. There 1s no election scheduled for retention of the chief Justice for almost two years. The post card 1s a simple written communication be- tween an ordinary citizen and the chief justice. lt IS respectful and non- threatening. lt is exactly the .kind of expression of free speech and ex· emse of the right to petition govern- ment that the ACLU bas protected so well over the years."

that they be prohibited from distrib- uting the post cards ,,., mle Lil uniform. and requests a finding that tbe activ- ity is illegal In addition. the swt seeks to recov- er costs for filing the suit. attorney fees other relief tbe court finds prop- er. Tbe suit follows a request the ACLU made to Duffy asking him to stop the post card distribution volun- tanly. 1n response to the request, Duffy wrote the ACLU saying, "I am well aware of the law regarding on- duty political act1V1ties by on-duty employees. I know what is proh1b1ted and what is constitutionally protect- ed." He said his employees are not en- gaging in unlawful and illegal politi- cal activities while on duty. He also said that the ACLU was "set up" by

'Th.is is so blatantly wrong," said Byron Lindsley who reltred from the Supenor Court bench m 1980. ''The · shenff used the office of the sheriff o what no other public official 'hould do ...." Lindsley said that if another clec:ed official did be same thing, 1t would be Duffy's "duty to do something about tt It bothe~ ine . . that he should engage in something that is contrary to a law" Louis S. Katz. another ACLU attor· ney involved in· the suit. said the heriffs policy manual ··specifically forbids any political activity by a to Kau said he also is concerned about what impact Duffy's action wtll have on the entire judiciary for urean county sheriffs in Washing· ton. D.C.. was unavailable for com- deputy in uniform.' Duffy, who lS attending a meeting

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about th coercive impact on his em- ployees." chael AJ1mov, chairman of the 40.000-member Caliiorma Common Ca said the swt was filed " o pre- vent th.13 unauthorized use of public funds." He made the 3tatement yes- terday dunng a pre:;s conference at ACLU headquarters to announce the SUit. Hilb said Duffy has argued he 1s exercising bis right to free speech by di tnbutmg the cards. ·'hen!f Duffy has free speech rights to say whatever he wants on h: owu time," he ,aid. he has no free peect1 rights to run a poltti· ~al campaign on taxpayers' ttme and money, and certainly no free speech r:ghts to use the resources of his off- ice and the time of his deputies to engage m partisan politics"

However. Lt. John Tenwolde, Sher- lffs Department spokesman. said, 'We're continuing busmess as 11SUal" He said the post cards, put·out by Crime Victims for Court Reform. are available at most of the 19 sheriffs offices and substations in the county. He said the 3.000 originally giv;en to Duffy were quickly dismbuted and 12.000 more were delivered to the county. Of that number. 5,000 went to fill a request from an or£. ·1ation, 1.000 are at headquarte:,. ~,.... the re- matr.mg 6.000 have been or will be T e sutt seeks court orden prohi· bmng the sheriff and his deputies • from distributing the "campaign lit- erature" from sbenff department fa- cliiues and from using county equii>- mentor supplies to do so. It also asks j1smbuted.

San Diego, CA (San Diego Co.I Evening Tribune (Cir . D. 127,4541 FEB Jlll~r1'1 P. C. B

San Diego, CA (San Diego Co.) Daily Transcript (Cir. D. 7,415)

San Diego, CA (Son Diego Co.) Evening Tribune (Cir. D. 127,454) FEB 211985

Fu. 1888

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e~~elwin B. Schneider, prof sor of relig• n Diego, w.11 speak at a re,1kfast meeting sponsored bf the Natio al Confer- ence of Christians and Jews at 7:30 a.m. Wednesday at the Stardust Hotel, 950 N. tel Circle. Schneider's an• nounced topic i "Beyond the Judeo-Christian Tradition: Other Religions in a Changing America." res~ the University of

P. c. 8

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1888 .. /.~u,l>j~ow Language Is / Y~fQl!i~lat_e and Control Us" a fr~ lecture by William Lutz wiii be given at 8_ ton\ght in the Uni;ersi- ty of San Diego s Camino Theater Fm' more mformation, call 260-4~

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/.,r. 1888

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~School of Law's alumni dinner March 8 is called "Putting on the Writs." d<.955 U.S. Attorney Peter Nunez and Superior Court Judge Gilbert Nares will be toast.ed. * * *

Santa Ana, CA (Orange Co.) Register (Cir. D. 279,452)

(Cir. Sat. 246,128) (Cir. Sun. 311,062) EB 1 1995

Jlll~r1•s

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18XS

things beings. But to think that we should ab• stam ?e~use some uses of animals in- i ?lv~ mfhctmg pain is to regard the in· fl1~t10n of pam too severely. It would im· pl; bannmg dentistry, surgery joggm and all sorts of painful activiti~s: g th~am is bad, but sometimes there are. mgs t~at make it necessary. Amon those thmgs are the improvement of hu~ man _health, nutrition and matters that contribute to the betterment of our lives. We could say more - for instance, how 1mpos~1b_le the mJunction is to absta;n rrom kilhng all animals - ants, bacteri~. _1es, etc. Or how odd it is that animal- nghts advocates do not convict the am- m~ls tha_t perpetrate pam and death upon oht er animals .. But those matters are not t e central pomt. The point to make against animal- nghts ad:7ocates is that. yes. human be- mgs are important and this may tmpl that some other beings should be used f/ our betterment. r The indecency of wanton infliction of pam upon animals should not allow us to forget tha~ human life is more noble than all other life and we are thus entitled to take some other life to make lt flourish. Machan teaches philosophy at the Universi- ty of San Diego and ,s senior fello~ , Reason Foundation e

~!~R-~~~~erly asserts his superiority among living L treatmg each other or human b . q :J : 0 ased on _what we know, ammal~ 1 ~r~

without getting int? con_iplications, but o;e mus! attend_ to It a bit, in light of all t. e pubhc1ty bemg received by animal- nghts advocates Lets start by notmg that the ve mor- ~11i511c ~pproach of animal libera1Jonists be ies ft eir theory. They know that to the . est o our knowledge, only human be- ings are_ open to moral arguments In· ted,. w_itho_ut that acknowledgme~t of t e d1stmct1ve moral nature of h life, the whole movement would be ~ess - after all, the movement counts on umlan bemgs paying heed to moral ap peas. · mBut that immediately shows why hu- knan bemgs are indeed superior to other own ~mmals. They have reached a way of hfe that makes room for distinc· ttons between good and evil conduct. . Animals. in contrast, do not worry their mnocent heads about such things They will eat food made of the flesh of their fellow cre~tures. They will destroy one another without the slightest trepida• tions, even those of the same species No courts of law will be established to· :ry them when they kill or assault one anoth er · a ts true, of course, that wanton killing , n . torture of animals is evil This is mamly ~ecause !t shows lack of.sensitiv• tty to pam, certainly a bad thing for living

T he o-cAlled ammal-hbcratlon or ammal rights movement has b gaming mo acad micrnns . mentum.. ophisttcated hat human .i :ref developing the case 1 o a~1mals is no better t 1 , according to such een than h ry tate Umvcrsay, heer chauvmi m to ma ntam that human beings are a higher Pfc1es and are en11tled to benefit them• e ves at the expen c of animal exocrimcntat10n m medical research. t~e la.ightcrufbeefand poultry for food t e u e of 11n1mals in ports and enter' all come to nothmg better than ~he en luvemcnt of one ammal spe- tumm nt - lave P~~~:nt I ~;opr~ilsor Thom Regan of the osop Y, orth Caroli nn T~t view implle th t serious ammal

mplex b1ochem1cal entities genetically programmed to do what they do. o suppos_e. for example, that animals ~re responsible for killing each other and should abstain from such brutal behavior 1s quite beyond the pale So the d of animal rights must al~o seem The contention underlying the cl . that hun:ian beings are "higher" ani;;~~ ts sure!} that they are morally sens1t1v T ose etween right and wrong. Yet, we do know that at certam periods of human history simtlarly unfavorabl views were held about unfamiliar meme bers of the human species. Blacks. browns, yellows and other strams of th• human race have been dismissed a l s ow o the ar~ument is that ammal ltbera• tton is a vahd, logical, progressive move- ment m our moral awareness. that we fught to regard all livmg thmgs as equal· y tmportant .and sacred. There is an m1 tal plaus1b1hty here. After all mfantt c1de 1s regarded as morally ev·i ::;-;nycl~~r1mly clapable of i1e~ttth~n~ asareinthewayof . ' ow u l d1fficua to approach this topic er forms. omplex behavior . . and posses dignih• _ the e cho b .'' capacity to

San Diego, CA (San Diego Co.) Communicator

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