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Cross controversy in Rhode Island town

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    Atheist group calls WWI memorial cross 'unconstitutional'

  • Duration 3:50
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Now a bitter battle in Rhode Island over the separation of church and state an atheist group calling this cross which is a World War I memorial.

Unconstitutional.

They say they want it moved but some of the community of Woodstock and Rhode Island disagree.

I don't -- came into the Booth.

Atheist group takes them out when it caved -- to them they seem to be preying on the weak.

Communities that can't defend themselves that they don't have the ones to do it and that tells me what kind of people these people -- That many issues a big -- by the way should the town be allowed to keep the -- still a Jackson a criminal defense attorneys here.

-- Fred TC a former federal prosecutor is also with us welcome to you both gentlemen.

-- -- and neither of you are 91 years old.

I'm distillate and I'm yeah -- -- -- -- -- -- -- But that's how long this cross has been standing in this town to Joey it has survived multiple -- -- a few pretty bad snowstorms.

What is the argument to take it down now.

Well here's the argument I mean from a personal perspective you know the community should do what it wants to do when that would be to keep it but there are some legal argument that a compelling that would suggest that it be removed that his what they ought to and a there's a First Amendment and not only I know we know what is the freedom of speech amendment but it also addresses religion and it speaks to the issue of the establishment clause.

And a free exercise plus you can establish a religion as an individual.

Whenever you want you can practice that religion the problem here is that there is a separation of church and state and so the legal test will -- If this symbol is deemed to be.

An advancement by the government which sponsors supports or endorses religion and otherwise in tangles religion into the government that it's problematic.

Fred the town says this is not a religious symbol it's actually a historical relic for the town.

Is that a good argument for that in this case.

If it it is and I think when you call these people make these groups and I think you hit the nail right on the head -- right the First Amendment.

Those allow the establishment of the endorsement of any type of religion.

But this is a cross that symbolizes people -- -- -- socket where around who died in World War I.

And then died and subsequent wars it's no different in the crosses and Jewish stars that -- the head stones of countless headstone to Arlington national cemetery.

And are caught our government our country is full.

Of religious references I mean the president United States puts his hand on the Bible when he gets sworn in -- saw Joseph Biden -- -- -- Talk about god bless his mother these people would seek to -- all of that.

And it quite frankly I think that's inappropriate and -- -- not with the First Amendment he let me.

Great arguments that Fred and -- go back to on this landed the here's the situation -- town -- is nearly bankrupt.

And even if this goes to -- court they say they just don't have the funds to fight it so Fred what are their options.

Look they they don't they don't have the funds to fight in a minute made it very clear I mean they like most of towns across America are flat broke in and this is unfortunate.

I mean I have a lot of options quite frankly they could sell to somebody for a dollar delta private property and -- case closed Kelly at a later try some other dumped by his figure it out -- absolutely is because the issue with the government entanglement into religion if you move it on private property is Fred suggests -- -- club.

-- the movie Turkey to say this little square.

Part of land is now suddenly.

Private property even if it's in the middle of the street and anyone can buy -- tech.

Likely if it's conveyed and it's now deemed to be conveyed the public you know from public to private property at the different story that -- -- game changer.

Well we'll see maybe -- -- -- That's a pretty interesting to see if that's an easy solution is everybody's in time and money who.

We're giving credit credit he came out -- often hasn't I -- I idolized or somebody else I can't think it.

We'll let you guys now I invite you back Freddie and doing nice having that advertising -- they -- those guys.

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