Prosecutor fired for going to "white preservationist" conference

[Volokh, Eugene]

	Communists were also quite prominently anti-religious, not just
anti-wealthy / anti-property; discrimination based on religion is just
as unconstitutional as discrimination based on race.  But beyond this,
surely the government has very strong interests in more than just
preventing the appearance of race discrimination:  For instance, I take
it the government would have a very strong interest in preventing people
from thinking that prosecutors would take it easy on violent
revolutionaries, or would refuse to protect constitutionally secured
property rights.  More broadly, I assume the public would generally have
reason to distrust a prosecutor who believed that the government whose
laws he was enforcing should be overthrown in a violent revolution, no?

	Eugene

> -----Original Message-----
> From: Jonathan Miller [mailto:jmiller at swlaw.edu] 
> Sent: Friday, March 03, 2006 10:28 AM
> To: Volokh, Eugene
> Cc: conlawprof at lists.ucla.edu
> Subject: Re: Prosecutor fired for going to "white 
> preservationist" conference
> 
> 
> A prosecutor enjoys enormous discretionary authority which cannot be 
> used in a race-based fashion, but which in practice cannot be 
> monitored.  While a leftist prosecutor might use his 
> discretion in favor 
> of the poor and against the wealthy, wealth is not a suspect 
> class while 
> race is.  The societal concern that those coming into court 
> not receive 
> or perceive differential treatment because of race is greater 
> than with 
> the case of wealth.
> 
> Jonathan Miller
> Southwestern Law School
> 
> Volokh, Eugene wrote:
> 
> >    Any thoughts on the First Amendment issues?  The natural 
> analogy, 
> >of course, is whether it was proper for prosecutors to be fired for 
> >similar Communist-related activities.
> >
> >    Eugene
> >
> >
> >>From the Hornell Evening Tribune
> >March 3, 2006 
> >http://www.eveningtribune.com/articles/2006/03/03/news/news03.txt
> >
> >
> >Allegany DA fires 'white preservationist' prosecutor: 
> Firestorm erupts 
> >downstate, with call for investigation of DA's office; 
> Alfred U. will 
> >still allow Michael Regan to serve as adjunct professor
> >
> >
> >
> >
> >>From Wellsville Daily Reporter and Associated Press reports
> >
> >BELMONT - Allegany County Assistant District Attorney 
> Michael Regan was 
> >fired from his job as a county prosecutor Thursday over his 
> attendance 
> >at a conference of "white preservationists."
> >
> >Regan was terminated following an investigation by his boss, 
> Allegany 
> >County District Attorney Terrence Parker, who said he had received 
> >numerous e-mails expressing concern about the assistant district 
> >attorney's presence at a meeting of the New Century Foundation in 
> >northern Virginia last week....
> >
> >"It has become clear that his recent activities will continue to 
> >significantly disrupt and impair his effectiveness as an assistant 
> >district attorney and the operations of the entire district 
> attorney's 
> >office," Parker said.
> >
> >Regan was quoted in Saturday's Washington Post as calling 
> participants 
> >at the conference "white preservationists" rather than white 
> >supremacists, and saying U.S. policies on immigration, trade and 
> >demographics have put the country on the wrong path. He declined to 
> >comment in the days that followed....
> >
> >Wellsville Attorney Bill Gunner said he has opposed Regan in 
> court and 
> >has never seen any "bigotry or bias toward any particular ethnic or 
> >religious group." ...
> >
> >The Anti-Defamation League characterizes the New Century 
> Foundation's 
> >ideology as "intellectualized, pseudoscientific white supremacy" and 
> >said the group promotes "genteel" racism.
> >
> >The ADL's regional director for New York was among those who 
> wrote to 
> >Parker, noting the article also quoted Regan as saying: "You can see 
> >European Christian Americans are an endangered species." ...
> >
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