Tuesday, April 29, 2014

Gag order on formerly public records unconstitutional

UCLA law professor and free speech expert Eugene Volokh writes:
According to the Chronicle, “[t]he allegations against [Jackson] were settled, but no one connected to the case would say what happened because of the gag order.”

If the facts are as reported, then this order is clearly unconstitutional. Given the First Amendment, a court can’t order a publisher — whether Google, some other Web site, the Houston Chronicle, or this blog — to delete formerly public records.

Even damages liability in such cases is generally unconstitutional, see Florida Star v. B.J.F. (1989) (in which the Court that a newspaper had a right to publish even an erroneously released name of a rape victim, notwithstanding a state statute prohibiting such publication). The case against an injunction is even clearer.
I agree that the First Amendment implies that a court cannot order this blog to delete formerly public records. But that is exactly what was done by Commissioner Irwin H. Joseph and Judge Heather D. Morse issued such gag orders and forced me to remove public evidence from my blog.

I am not talking about personally embarrassing info about my ex-wife, or anything vindictive. I am talking about testimony of court officials against me that was used to justify decisions against me.

The gag orders served no purpose except to cover up incompetence and corruption.


Anonymous said...

So post it again since the law protects you.

Anonymous said...

Acquiesence to tyranny is akin to turning a blind eye to the abomination of such evil; worse, it sabotages the efforts of those who are actually challenging tyranny, just as Quislings undermine the efforts of righteous resistence.

I agree, post it again, since the law protects you. We need more Dan Brewington's to expose the corruption and perversions of the courts.

George said...

The law should have been on Brewington's side also, but he served a prison term.

I was tried for contempt of court twice. I took down the posts rather than be sent to jail.

Anonymous said...

Man driven to suicide by ex wife and divorce courts

Chris Mackney committed suicide on December 29, 2013 because his ex wife was using the divorce courts in America to torture him and kidnap his children from him. He wrote a 4 page suicide note before killing himself.


LATEST UPDATE: The ex-wife is such a psychopath that is she trying to copyright her ex husband's suicide note, in order to prevent it from being circulated on the internet. She is using her lawyers to threaten legal action against websites that published Chris's suicide letter. She is trying to silence him, even in death.

The website "A Voice for Men" also got a letter from her lawyers and wrote an article about it yesterday:

Here's a few more updates:





Anonymous said...

@Anonymous re: Chris Mackney Suicide Note Update:

Thank you for the update and the courage to spread this across the Internet.


How about publishing this story on your blog so more can see the conversation taking place, not just in your comment section, but across the Internet?