I'm all for an expectation of privacy in a bathroom stall the moment you can guarantee my nose won't be violated from the normal natural happenings that take place inside such stalls as they were designed for!
I'm not about sting operations of gov't but Craig IMO got exactly what he deserved. He knows the law, imposes the law on others and therefore not above it. I understand the precedence the ACLU is concerned with and I'd concur but they should take a powder on this specific case.
Back to the school prayer just a moment. IMO we opened that door to regulation the day we as States and local jurisdictions began taking money at the federal level for education. The 14th amendment grants fair and equal protection under the law and the 1st amendment IMO lays bare that religion was a State and local issue at the least or at best depending on POV. Congress shall make no law meant that the sole depositor of regulatory creation at the federal level was barred from touching the matter in any shape or form because the very beings directly effected were under State or local jurisdiction and not federal.
The idea of the amendments in the first place was to calm the fears of many that a large central gov't was coming into being with the new constitution that would usurp State and local jurisdiction. The first amendment in effect was all about States rights as much as the 9th and 10th amendments were. IMO and in the opinion of others, the 14th amendment created a federal citizenship which had not existed before that point. This was the crack in the door using the "Fair and Equal" clause to thus regulate and now Pandora's box is wide open and the State and local jursdictions are laid open for assault.
BTW: What to do about the slaves? Amend the organic constitution as it should have been written in the first place to exclude the 3/5's man clause and to word it so that all peoples are counted under the organic principles as equals and free men. Sadly since this was not done some provision of federal citizenship needed creating and thus the genie is out of the bottle!
Jefferson's "Wall of Seperation" and it's relation to the 1st amendment has been used by those whose goal it is to remove religion from public life. No argument. There are also those who on other fronts favor or disfavor when it comes to this issue for other reasons. Christianity and it's moral code was very much apart of the foundational makeup of the founding era as it was a core fabric of the idea and ideals of Western mankind. Now I'm not saying that America was a Christian nation alone or it was founded on purely theocratic principles but this fabric none the less was an instrument in the process.
This being the case, it's funny that in those days there was no federal mandate of school prayer or not to have school prayer. Neither for that fact was there a pledge of alligence as this act would have provoked ideas of a return to monarchial days and autocratic lifestyles which they had just broken from. Empire if you will and it's of interest that the thought of the day was of "no entangling alliances" with these empirical types but that's another thread. The European empires were religion by King's decree. Remember Divine Right of King's? This was borrowed from the ancient empires who believed their Kings to be Gods themselves and our history, even religous history is under that influenced. Son of God known well in Western Religious ideals is most associated with Jesus but the term is no purely exclusive to him. It had long standing millenia before Jesus walked among us.
http://www.newadvent.org/cathen/14142b.htm
The part I would reference is the first section regarding the old testament usage at the link. This was not so much an exclusive of the Hebrew peoples but rather a tradition they took on from others around them. This belief was long held before their creation in the Abrahamic traditions and as thus held sway from the early Sumerian/Egyptian/Assyrian/Babylonian traditions through the Greek and Roman and finally the late variations of the Roman empire and it's traveling effects through the early barbaric hordes of Northern and Western Europe as they assimulated from tribal life to larger centralized life and the European monarchial life.
It was as much this historical linkage of King to God by sociatial decree that the founding fathers wanted to break. This would also break the yokes of mental bondage imposed on society by certain religious leaders who through intrigue and secret stealth had gained religious priviledge over society and therefore with political power and religious power hand in hand dominated all thought within society.
Over the years we've gleefully especially in the so-called conservative movement handed over the powers of local determination under the ill informed guise that embedding moral principles using religious code at the federal level would mandate a moral society across the fabric of our nation. As in days gone by it is having a reverse effect because the neutrality of political doctrine set forth by the founders is coming to bare as it should. Jefferson's "Wall of Separation" is being scolded by the very people who unknown to them are the most protected by it. You see, if you read Jefferson you've soon realize that his "Wall of Separation" was for the real purpose of protecting the faith against the contamination and filth of the politician and his minions of power.
It's ironic that the ideals of free market that the founders held dear in economics were also the very same ideals behind the "Wall of Separation" regarding religion. Let the competitive forces of a free religous market police itself rather than for gov't to take charge and mandate for the people what is doctrine and what is heresy. Would anyone here dare claim we should have a dept. of religion at the federal level to regulate religious thought? We regulate everything else these days and in most cases you guys welcome it with open arms.
Instead of screaming at the ACLU who loves central federal control, makes life easy when all the worms are in one can, you should scream at the republican party who for years talked in lenght of killing once and for all the Dept. of Education and returning all school control back to the State and local level. Ironic that when the States and local communities had control (and no it wasn't perfect) but the vast amount of kids coming out of them knew the 3 R's and a High School diploma meant something. I remember when a high school grad could come to UPS and the sky was the limit and now if you don't have the lambskin of higer learning, the need not apply sign is in full view on the door! Also seems like civility and manners were of greater bearing than we have today also but that's a personal observation of a school child of the early 60's through early 70's so there you go. If you lacked them, a one on one meeting with a paddle was in your future and the results tended to work very well. Federal law now outlaws such barbaric practices!
The States and local communities are not barred from prayer in school in "THEIR" schools but the key word is the possessive term "THEIR". Ever noticed in private schools not a word is said about school prayer one way or the other? Why? No tax dollars involved. Want a reason to oppose gov't volchers for school or if you are a gov't power hungry agent of change, what better way to get the federal foot into the private door! Ah-Ha! Light bulb go off did it?
Stop whining about the ACLU and start thinking when you go vote and hold the party that claims to believe in limited gov't to that very principle. Either vote for candidates who have a proven track record of truly limiting gov't if you believe in or stop whining.
Stop talking the talk and walking the walk!
JMO