2 1 2 CERTIFICATE I, Vicky Nickeson, Official Court Reporter in the district court of Nebraska for the second judicial district, 3 4 do hereby certify that the within and following partial transcript contains all the evidence requested to be transcribed by me, and the rulings of the Court thereon, from the proceedings had in or at the trial of the foregoing cause in said court; and that said transcript is a correct and complete transcription 9 of the evidence requested to be ttanscribed from the record 3 2 3 4 (On the 26th day of April, 1934, in the District Court of Cass County, Nebraska, before the HONORABLE RONALD E. THE COURT: The credibility of the witness Sileven E is really negligible for several reasons. And I'm sure a full bill of exceptions of his testimony would more specifically point out other incidents, but I was able to pick up two 8 9 10 11 that were glaring. And that was on direct examination, he order required it not to be open absent compliance and approval 12 by the State Department of Regulations (sic). And later 13 on in his testimony when he's still under the same oath, 14 he testified that he thought the school was in compliance. 15 Those are directly contradictory statements. And they 16 quite obviously were brought up to meet the exigencies of 17 18 19 He further testified on direct examination that 20 21 22 23 24 25 he did not use the term "school", but that it was a week referring to the Faith Baptist School. - Willful contempt Willful, under Nebraska statutes, 1 Nebraska case law, simply means intentional and with knowledge. There is no question but what the defendant Sileven violated 3 4 the injunction and order of this Court in August, September, October and November of 1983. And there's no question beyond 5 a reasonable doubt that that violation was willful. 6 7 8 9 The adjudication is therefore made at this time that the defendant Sileven was in willful contempt of the of the County Attorney for contempt proceedings. 10 11 In accordance with the bench conference and the joint motion made by counsel, the bench warrant for Mrs. Schmidt is withdrawn and the motion to dismiss the contempt proceedings is granted. I will now hear any statements that counsel wish to make on sanctions to be imposed on the contempt proceedings. whatever decision I reach will promote comments pro and con. And I recognize that that's a particular thing that comes was the Sileven versus Tesch decision when the three month or four month jail sentence was ultimately appealed by virtue of a habeas corpus proceeding. I have in front of 5 me an individual who says his faith demands him to be and yet has now been adjudicated guilty for the fifth time state must set aside its laws in order to accommodate religious beliefs is not to be determined under our form of government by the individual, but rather by the Court. Freedom of religion in the First Amendment is no different from freedom of speech and is no different from freedom of the press. It's not absolute. Simply because you have freedom of speech, as the old legal scholar said, doesn't give you the right to shout "fire" in a crowded theater. And freedom of religion as an individual determines 17 18 it does not give him the right, or them the right, whatever their numbers may be, to violate the laws, including 19 court orders of the State of Nebraska that have been enacted 21 22 23 And I suppose this will sound cruel, but there was an answer to Sileven's problems. After the Nebraska Supreme Court ruled and the United States Supreme Court ruled, you 24 could have left. You could pick up and leave. If there 25 are states that choose not to have those conditions and |