Courts are properly authorized to sanction acts of defamation—publicly lying about someone—but they’re not authorized to prohibit truthful speech or opinion (even if it’s negative), and they’re not authorized to prohibit speech acts before they’ve even been committed. An order of the court that prohibits future speech is called a prior restraint, and it’s unconstitutional (see the First Amendment).
With civil harassment orders, things get knotty. A prior restraint may not be expressed; it may be implicit.
When a “protective order” is in effect, it prohibits speech to someone but not speech about that person, per se, as law professors Aaron Caplan and Eugene Volokh have emphasized. A court, however, may conclude that speech about someone (any speech about that person) is “harassment,” and it may label that speech a violation of the “protective order,” and rule that a defendant be remanded to jail.
Matthew Chan, who was himself issued a prior restraint, has been writing about such a case, that of New Jerseyite Bruce Aristeo, who was incarcerated for six months. Several people have reported on this site that they were jailed or had orders of the court extended because of publications online or, in one case, for posting flyers about an accuser’s conduct. Many have reported, too, that the basis of the “protective order” against them was speech about a person (in one recently shared account, a woman complained on a county bulletin board about her neighbors’ shabby treatment of their dog).
So you have instances where people are issued restraining orders for lawfully exercising their First Amendment privilege to free speech, and you have instances where people who’ve been issued restraining orders are sanctioned for lawfully exercising their First Amendment privilege to free speech.
Trial judges aren’t First Amendment authorities and may not have graduated from college, let alone have law degrees. Furthermore, protecting the free speech of people they’ve labeled abusers is hardly an urgent concern of theirs.
Here’s what a prior restraint looks like:

Orders like this don’t expressly forbid criticism of the government. They forbid criticism of people who exploited a process of government. This, by extension, forbids criticism of the government.
This order was issued against me in 2013 when I was sued for libel and harassment in the Superior Court of Arizona by a married woman who had falsely accused me to the police and several judges years prior. She was someone I scarcely knew who had hung around outside of my house at night (what that might suggest to you is what it should suggest to you). Her original claims to the court (2006) were to obtain an injunction to prohibit me from communicating her conduct to anyone, and her claims to the court in 2013 were to obtain an injunction to prohibit me from communicating her conduct to anyone.
The motive for both prosecutions was the same: cover-up. (Try to imagine what it is to fight false accusations for seven years, daily, while everything around you erodes, and then have some trial judge offhandedly tell you you’re lying and should be gagged. The judge had plainly made up his mind how he would rule before ever setting foot in court. The trial nevertheless dragged out from March to October. Today I avoid using the road where I rented the private mailbox to which the judge’s arbitrary conclusions and fiats were mailed, so nauseous is the association.)
Some of my accuser’s testimony is here, and the contradictoriness of her claims, as well as the motive for them, will be evident from no words other than her own. Does it matter that her misrepresentations are self-evident? No. Does it matter that they ridicule process of law and mock the court? No.
All that matters is that those who’ve been misrepresented are silenced to preserve the image of propriety.
Copyright © 2015 RestrainingOrderAbuse.com
Estrella
February 7, 2019
I have been arrested over 10 times by my psychotic neighbors for violation Order of Protections . I’ve paid approximately 20k in bail money. I was sentenced to 180 days in the last trial and had to do 90 days. The public defender, the state, the judge, police and “victim” were all in the conspiracy. I became aware of the public defender, definitively, being part of the conspiracy on the day of the trial when approximately 6 police officers were scheduled to testify, mind you this was for parking my car within 100′ of her home. I live DIRECTLY across the street from her. When she got the original order she said I was using profanity. Yet still, all the arrests, has to do with me parking my within 100′. I petitioned the court for an emergency order, the judge gave me a return court date. She found out I filed for one and the judge gave her an emergency OOP. They are racists here. They filed an indictment alleging I had a prior conviction listing a case which was a different offense. I filed a post trial motion and the judge stated the charge was amended by my attorney in a prior case. My motion was good and they didn’t want a “nigga”, I’m sure that’s what they called me” to be smarter then them. THis time I’ll be hiring a private attorney. One arrest I had a $45,000 bail for parking my car within 100′. ‘when I was incarcerated, the other inmates could not believe my bail was so high for violating a stalking no contact order for parking my car within 100′ until I showed them the documents. I sued her and the police department and they were found liable for conspiring to have me arrested because they knew the evidence would not withstand it. That was payback for the federal lawsuit win. I was incarcerated immediately. While in custody, there were white drug addicts and thieves with long criminal records who were allowed to do weekends in jail on their terms. 90 days was extreme. I’m filing a $5 millions lawsuit against them. I’m Pro se and I file my own lawsuits and I’ve been successful in federal court on civil rights violations. I’m getting a paid attorney but I”m doing research. The question I have is “causing someone not to park within 100′ of someones home when the individuals live less then 100 feet is that constitutional? I think it would hinge on the 4th amendment all citizens are entitled to the enjoyment of their homes w/out being seized. I hired an attorney, but I need to do as much research as possible so I can reduce the fee. They upgraded all the charges to felonies, I failed 3 background checks and have not even applied for another job. Charged me individually with individual bails I’ve spent approximately 20k in bails for parking my car within 100’ of her home. I’ve been living off my savings in this has been going on since 2017. While in custody she tried to have my dogs taken by lying saying they were unattended.
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Anne Copeland
November 14, 2015
P.S. Happy Thanksgiving. I know this had been a difficult year for us, but it is still important to go ahead and live our lives as best as we can and as fully as we can. The best revenge is to succeed at something we had set out for ourselves as goals. Be well, and there are sure a lot of nice dogs waiting sadly in the pounds for someone to come and help them to have a forever home. As an old gal, I have loved all my many, many dogs that have come into my life through rescue, and eventually passed on from cancer or old age, but they have been well loved and cared for, so I am glad they got rescued. I hate to see dogs in the pounds crying at the bars for someone to take them. I would go get another one right now if I could, but I have a full load now.
Was thinking too about how many little children have parents in prison, and a children’s story to help them deal with that would sure be a good and much needed thing. Don’t know what is out there already. I have written children’s books too. None of them published yet because I need good artists that fulfill my idea of what I want the characters etc. to look like. You have a great talent for writing the legal issues, but don’t ever lose your ability to write for the children. They face so many things I never faced in my own childhood because of my age now. Being successful in your original goals will help you a lot in your life. I am not going to let those fools who hurt me so much ruin my life. One of these days when I graduate from the university and have a career, I will be laughing because they never accomplished any real thing in their miserable lives. They can eat their own feces!
by the way, I used to live in Arizona too in Scottsdale (not the ritzy area), and went to Az. State Univ. with a degree in Archaeology. Graduated in 1975. It was a nice place then, but way too much traffic and too many people now for me.
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Moderator
November 14, 2015
Thanks, Anne, for your thoughtfulness.
FYI: I would be very glad to post something for you here titled, “Anne Invites You All to Eat Shit” (…especially if I could slip a few names in among yours).
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Anne Copeland
November 14, 2015
I totally agree with Ahava, Todd. The U.S. is not a place where justice is done anymore in so many instances. The courts are absolutely full of injustices. I have read in my criminal justice studies (my major) about the many cases of people sent to prison for ridiculously long prison terms (and you can find this on the Internet) for simple things like buying plants without having so-called certifications (or whatever stupid paperwork it requires) because the person did not realize such a thing was needed, but of course someone sold them to the person. We are talking more years of prison than a lot of murderers. It is really truly sad what this country has come to. People who are blatantly evil are getting away with every crime known while we, who were productive members of society continue to get slapped down, ignored, and abused in general. Yes, maybe it is time to leave this country for a lot of us. It is ridiculous that we should lose years of our lives due to such stupidity and ignorance and corruption in our legal system, especially since the civil laws are more abused than any criminal law. Thanks so much for your dedication all these years to trying to right the unrightable wrong. I wish things could change, but the whole country needs to change its way of thinking. Abuse is abuse no matter how you color it.
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Moderator
November 14, 2015
I think Bruce was held in jail for so long (on a $75,000 bond) because he insisted he was innocent instead of taking a plea deal; he didn’t play the game the way he was supposed to.
Once you’ve seen how judges and cops comport themselves here, Abu Ghraib doesn’t seem shocking at all.
I was just talking to Larry Smith, who was persecuted for years by a psycho neighbor. He’s entering his 70s, has scoliosis, and requested a continuance in one the latest prosecutions, because he was supposed to stay in bed until his back was better.
The court had him arrested, and he was rolled into a cell in a wheelchair. The cell’s toilet was blocked and had overflowed, and human waste had been tracked around the room. Larry was held in a filthy toilet stall on a $10,000 bond because the courthouse or the prosecutor’s office “didn’t get” the paperwork from his doctors meant to relieve him of having to appear in court to contest false accusations by a woman who should be in an institution for the criminally insane.
They even took the wheelchair away.
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Martha
November 13, 2015
I gotta say Todd that if there is anyway that you can get out and by the way that is the title of a book about becoming an ex patriot, called interestingly enough GETTING OUT,if there is anyway you could do that it would be great. I am waiting for my grandmother’s birth certificate and an apostille as well as hoping to get my ticket money refunded from the airline insurance company. If I had my druthers I would fly El Al but they are a bit too expensive to go to Israel, a country that is really a democracy not a republic like the U.S. was originally supposed to be but which today is more of an oligarchy. I don’t even like republic as the richer and more famous you are the more clout you have at least in the U.S whilc eht middle class gets left behind.We are no longer a republic either but we instead have fallen to the level of a corrupt oligarchy. A few at the top pull the strings or those puppets at the top who are forced to toe the party line. Whose party you might ask? Why there is of course, the Obama’s, CIA, Bushes etc. I don’t vote any more. What’s the point? The elections are already rigged so who cares who gets in? Actually I do care but it doesn’t seem to matter who gets in anymore. Elections except for perhaps local ones are a big joke..Years ago the Trilateral Commission called the “masses” and I guess that includes you and me, “cannon fodder” openly on Christian television and that gentleman mysteriously disappeared.
I have a former CIA operative friend who went back to Langley only to see if they would pay him the money he was owed by them and amazingly he was able to get out and has renounced his US citizenship and is now a Swiss national living off his money that was
grudgingly given to him. They labeled him crazy and did not see him as a threat as long as they could continue to make sure he was seen as crazy…Still giving up my US citizenship is not in the plan for me as long as I can get over to Israel. Social Security is still paid and if you are not an Israeli citizen you can still find a job in a higher end profession such as a PhD and writer of children’s books. As long as you have not committed a felony you are welcome in
in Israel.and you can become a permanent resident if you don’t want to give up your US citizenship.I am waiting on enough money for the flight then I am out of here. Almost half a million Americans a year GET OUT and love it…but I would choose a friendly democracy not South America. Even Japan is somewhat better than the U.S.
My best to you Todd and if you would send up a few prayers for me so that the final review will let me have my ticket refund back. I want out by no later than March of 2016. God Bless you Todd and I do hope that there is an end to your misery and that you once again can start on your writing and PhD. Blessings and Ahava.
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Moderator
November 15, 2015
I haven’t voted in years, either. Politics is circus and theater. Thanks, Martha, and I hope you’re able to see Sam during the holidays and that he’s okay. I have a friend I haven’t seen in a few years who hoped to emigrate to France. You’re not alone. Blessings to you, also.
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