First Liberty Briefing: A “Mark of the Beast” Does Not Mean First Amendment Violation

First Liberty Briefing: A “Mark of the Beast” Does Not Mean First Amendment Violation October 12, 2017

To most people, a pay raise suggests the recognition of hard work and appreciation from your company. However, after organizing his fellow law professors into a union, Sheldon Gelman lost committee appointments and soon his wife, Jean Lifter, was fired. Gelman received a raise, but the number caught everyone’s attention. Learn more at

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A “Mark of the Beast” Does Not Mean First Amendment Violation

You probably have a similar opinion about pay raises that Sheldon Gelman and Jean Lifter did: they’re symbolic. Do a good job, and an increase in pay suggests that the company is grateful for the effort.

Gelman and Lifter were law professors at Cleveland-Marshall College of Law. Gelman organized his fellow law professors into a union with the support of Lifter, his wife, and over the objections of management.

The next Spring, the faculty, Gelman included, received a pay raise, but Gelman lost some committee appointments and, soon after, Lifter was terminated altogether.

One wouldn’t think much of it, but the dollar amount on the pay increase caught everyone’s attention. It was too intriguing to be coincidental. The newly organized union faculty received a raise of $666.

Taken alongside Gelman’s loss of committee influence and Lifter’s termination, the numerals seemed to send a message.

Gelman and Lifter sued alleging retaliation against a protected First Amendment freedom. But, the United States Court of Appeals for the Sixth Circuit wasn’t buying it.

There were simple explanations for the pay raise amounting to apocalyptic numbers. And, while Gelman’s union organizing was certainly protected by the First Amendment, there were no facts present to suggest the law school retaliated against him for doing so.

The lesson here is clear: if your paycheck shows the supposed “Mark of the Beast,” don’t assume your employer violated the First Amendment.

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