2 2 3 3 6 7 8 CERTIFICATE I, Vicky Nickeson, Official Court Reporter in the district court of Nebraska for the second judicial district, 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 1 (On the 26th day of April, 1934, in the District 2 Court of Cass County, Nebraska, before the HONORABLE RONALD E. 3 REAGAN, Judge, the following requested proceedings were had:) THE COURT: The credibility of the witness Sileven ; is really negligible for several reasons. And I'm sure a 6 7 8 9 10 11 full bill of exceptions of his testimony would more specifically point out other incidents, but I was able to pick up two that were glaring. And that was on direct examination, he opened in 1983 in violation of the court order. The court order required it not to be open absent compliance and approval 12 by the State Department of Regulations (sic). And later on in his testimony when he's still under the same oath, 13 14 he testified that he thought the school was in compliance. 15 Those are directly contradictory statements. And they quite obviously were brought up to meet the exigencies of the circumstances. 16 17 He further testified on direct examination that he did not use the term "school", but that it was a week on redirect examination, in a question posed by the County Willful contempt Willful, under Nebraska statutes, 4 1 Nebraska case law, simply means intentional and with knowledge. 2 There is no question but what the defendant Sileven violated 3 the injunction and order of this Court in August, September, October and November of 1983. And there's no question beyond 5 Ε 7 8 9 4 a reasonable doubt that that violation was willful. The adjudication is therefore made at this time that the defendant Sileven was in willful contempt of the 10 11 12 13 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 Schmidt is withdrawn and the motion to dismiss the contempt proceedings is granted. 14 I will now hear any statements that counsel wish 15 16 to make on sanctions to be imposed on the contempt proceedings. These sanctions are punitive in nature for past violations THE COURT: (At this point, arguments were It's mine to determine now, and I guess whatever decision I reach will promote comments pro and con. And I recognize that that's a particular thing that comes with the office that I hold. Mr. Moravec has already taken some of my thunder because I pulled out 212 Neb. 830 which was the Sileven versus Tesch decision when the three month 5 1 or four month jail sentence was ultimately appealed by 2 virtue of a habeas corpus proceeding. I have in front of 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 it does not give him the right, or them the right, whatever 18 their numbers may be, to violate the laws, including 19 court orders of the State of Nebraska that have been enacted 22 21 22 22 for the benefit of all citizens. And I suppose this will sound cruel, but there was an answer to Sileven's problems. After the Nebraska Supreme 23 Court ruled and the United States Supreme Court ruled, you 24 could have left. You could pick up and leave. If there are states that choose not to have those conditions and |