NOTE WELL: "a church" - Wilmette nsa merely constitutes one of many

[Freedom of Conscience]

Opinion of US 7th Circuit Court of Appeals, Case No. 08-2306 - November 23, 2010
http://www.fglaysher.com/bahaicensorship/US_7th_Circuit_Court_of_Appeals_11-23-2010.html


p 14-15: "Considered in light of these First Amendment limitations on the court’s authority, certain aspects of the 1966
injunction are troubling. The decree declares that “there is only one Baha’i Faith,” that Shoghi Effendi was its last
Guardian and none has come since, and the National Spiritual Assembly was its representative and “highest authority” in
the United States and was “entitled to exclusive use of the marks and symbols of the Faith,” including the exclusive
use of the word “Bahá’í.” Declarations of this sort push the boundaries of the court’s authority under Kedroff and
Presbyterian Church. In church property disputes (trademark suits obviously qualify), the First Amendment limits the
sphere in which civil courts may operate. When a district judge takes sides in a religious schism, purports to decide
matters of spiritual succession, and excludes dissenters from using the name, symbols, and marks of the faith (as
distinct from the name and marks of a church) [boldface added], the First Amendment line appears to have been crossed."


NOTE WELL: "a church," i.e., the Court clearly states, as a matter of incontestable historical fact, that the Wilmette
nsa merely constitutes one of many interpretations of the Baha'i Faith.



Chicago Tribune. Baha'i rift. Baha'is upset with Orthodox Baha'i Faith
http://articles.chicagotribune.com/2009-05-18/news/0905170216_1_orthodox-community-rift-jesus-and-muhammad

Comments posted to The Chicago Tribune Forum on one page:
http://www.fglaysher.com/bahaicensorship/Chicago_Tribune.html

Baha'i Faith & Religious Freedom of Conscience
http://www.fglaysher.com/bahaicensorship

[NUR]

Opinion of US 7th Circuit Court of Appeals, Case No. 08-2306 - November 23, 2010http://www.fglaysher.com/bahaicensorship/US_7th_Circuit_Court_of_Appe...
p 14-15: "Considered in light of these First Amendment limitations on the court s authority, certain aspects of the 1966
  injunction are troubling. The decree declares that there is only one Baha i Faith, that Shoghi Effendi was its last
Guardian and none has come since, and the National Spiritual  Assembly was its representative and highest authority in
the United States and was entitled to exclusive use of the  marks  and symbols of the Faith, including the exclusive
use of the word Bah . Declarations of this sort push the  boundaries of the court s authority under Kedroff and
Presbyterian Church. In church property disputes (trademark suits  obviously qualify), the First Amendment limits the
sphere in which civil courts may operate. When a district judge takes  sides in a religious schism, purports to decide
matters of spiritual succession, and excludes dissenters from using the  name, symbols, and marks of the faith (as
distinct from the name and marks of a church) [boldface added], the First Amendment line  appears to have been crossed."

And this is why the 7th Circuit Court of Appeals decision is now
precedent and not a case that can be pushed up for further appeal to
the USSC. They won't accept to hear it.