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Types of flags and those kinds of things. and again, the constitution does mandate that no government religion be established but the concept of a separation of church and state is something that comes out through constitutional precedent. the veterans this is an area, this is an area where reasonable minds can disagree. if the aclu file suits against e lottery or against some other system then you may see the divided supreme court ruling. the military used the lottery in 1969 and they once used it back in 1942. and there are 41 different types of flags that the veterans administration for religious purposes have approved. so just to pick one, that is not proper. jon: back to my point, rebecca, hang on just a second, dan. back to my point though, we decide elections based on ....
Come jon, may i make one last point? jon: go ahead. may i make one last point on christmas eve, on christmas eve, as practicing christian, to my fellow christian brethren, have christ in your heart and mind and flagpole issue leave to the courts. jon: rebecca nikkin got it there. thank you both. not being christian i still say happy holidays to everybody. jon: merry christmas to you. thanks. thank you. thank you. jenna: let s get to shopping now, huh? it is time. jon: shopping? jenna: could today be black friday number two? stores are getting creative in the final hours of the holiday shopping season. why today could be a perfect retail storm. speaking of storms though, massive system causing a lot of trouble as it heads across the country. harris is keeping an eye on that. harris? reporter: oddly one of the places they look to have a white christmas or snow shortly after christmas is ....
Lottery of sorts. each week one of the 52 winners in this lottery gets to decide whether a religious should fly at war memorial or some other time of banner. is that constitutional? let s talk about it with our legal panel. rebecca is criminal defense attorney, dan conaway, a former prosecutor. here we have king, north carolina, public war memorial. they have been traditionally flying the christian flag over the war memorial and then somebody complained. so, dan, the solution is, hold a lottery, you get one week to fly the flag of your choice. people picked the christian flag for 51 weeks. and then one week the winner chose no flag at all. sound as little odd but is it legal? well, that s the issue, right and this area of constitutional law is very murky and this is one of these areas where, one of those decisions, lottery is one of those split the baby kind of things it may not ....
End up satisfying anyone. members of the town of king aren t happy. they want things back the way they were. and then the aclu and other civil liberty groups may not be happy. they say it as a way of continuing the old system under the guise of a lottery. the constitutional precedent is fairly straightforward, that is, government property can not be used to promote any particular religion however it can be used for promoting history and knowledge and education in general. so it is going to be very interesting to see what happens on this point one way or another. so far it appears that neither side is completely happy and the constitution has come down on both sides of this issue, again, right down basically legal lines, promoting religion or is it really something of more historical significance for the people, the town in general? jon: rebecca, why not let the townspeople vote on it? well, the ultimate issue here i think is that they have to understand, they have already made a deci ....