I was an English major. In the mid- to late ’90s, I taught literature as a doctoral student—everything from Homer to Robert Louis Stevenson to Virginia Woolf.
I taught privately, too. Each week, I would tutor the grandson of a retired Pima County Superior Court judge, sometimes crossing town to do it. For years.
I got $15 (eventually $20) per visit. It wasn’t about the money.
I liked words, and I liked sensitizing others to them. I used to carry words around in my pockets, and I meant to write for my living.

If the Tucson Police Department and the Tucson City Prosecutor’s Office are correct that writing ABOUT someone is “contact,” then the Weekly World News is distinguished for contacting Bigfoot; Saddam Hussein, Osama bin Laden, AND their shaved ape baby; aliens; a redneck vampire; and both Satan and Jesus.
As a teacher and student of words, then, it’s not without irony that today I face nearly a year and a half in jail because of them. Ostensibly I stand exposed to this punishment because of words I’ve written here. Really it’s because a single word, whose meaning everybody knows, has taken on such a pyrotechnic glare that custodians of the law have become blind to its significance.
That word is contact, which decades of scare propaganda have turned into a loaded weapon. People are criminalized today for purportedly making “unwanted contact” or “unsolicited contact.”
I was arrested in January by a Tucson detective I’ll call Rottweiler (which is a word the detective used to clarify how his name is spelled and pronounced, and isn’t used by me to insult him: Rottweilers are dogs dear to my heart). Det. Rottweiler told me that he believed I had “caused a contact” with some women who’ve stalked me for a decade and falsely accused me of stalking them to reverse roles. They’ve accused me of sexually harassing and posing a violent “danger” to them, too. (One of them, whom I’ve met exactly three times in my life, reported to Det. Rottweiler in January that she now carries a gun to protect herself from me—and she probably does; she takes her method acting seriously. When you’ve deceived as many people as these women have, including police officers and judges, you have to up your game to save face.) The detective said I had “contacted” the women by using their names as I’ve just used “his” in this paragraph. By this reasoning, I have just contacted him.
Have I, though? No, plainly not. When the detective called me in January, we were “in contact.” When I later called him to appoint a time to meet for an interview, that, too, was a “contact.”
The distinction is stark. Contact is one-to-one. I contact someone by calling him, meeting him, emailing, texting, etc.
In its ruling in favor of entrepreneur Matthew Chan last spring, who was accused of “stalking” on the same basis I’m being prosecuted for criminal “harassment,” the Georgia Supreme Court put it like this:
“To ‘contact’ is readily understood by people of ordinary intelligence as meaning ‘to get in touch with; communicate with.’” […] Although one may “contact” another…by communicating with the other person through any medium, it nevertheless is essential that the communication be directed specifically to that other person, as opposed to a communication that is only directed generally to the public.
To put it another way, these do not represent contact: carving a person’s name in a tree trunk in the park, skywriting it, or having it tattooed on your biceps. Like using a person’s name in a one-to-many “blog” (which does not communicate anything to any particular person), all of these acts are publications of a person’s name; none is contact.
If an anchor on CNN or Fox News or NPR or the BBC today reports something that the president of Egypt said or did yesterday, that does not mean the news presenter will necessarily have “contacted” the president of Egypt.
(While this should be obvious to anyone, I’ve been writing motions to the court for the past two months, and salient in the documents are boldfaced prepositions like ABOUT, as opposed to TO or WITH. You wouldn’t think communicating the distinction to learned adults would require such antics, but it does.)
It’s a telling reflection on the priorities of stewards of the law today that citizens face imprisonment because of a misattribution of meaning to a word we all learned as little kids.
Copyright © 2016 RestrainingOrderAbuse.com
*It will presage real progress toward reform when we as a people start to re-familiarize ourselves with the meanings of these words: decency, fairness, equality, and justice.
Joel Bond Gunch
April 18, 2016
The impression of a threat or threats by either of the snowflake complainers fails under the Supreme Court case,_Elonis._ A more thorough look at _Elonis_ may be found here, including a link to the full opinion written by Chief Justice John Roberts:
https://groups.google.com/forum/#!topic/alt.appalachian/lKue0YJj1ZI
So yes, everyone has an expiration date. It comes with the territory.
And btw, can either of those two ditzes, Bredfeldt or Terpstra, even read? They remind me of the psychiatric patient rubbing all over himself and complaining to his psychiatrist, “Oh dear God, I got bugs crawling all over me! Just look at them! I’m covered up with bugs!
The psychiatrist jumps back and few feet and exclaims, “Stand back! Get away! Don’t get them on me!”
If either of those wacks swore lies on me like they have on you, I’d file a discovery motion for a court order to have both of their heads examined, in other words for a mental health assessment by a doctor in psychiatric medicine. Bredfeldt needs Zoloft and Terpstra needs a thorazine drip.
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Joel Bond Gunch
April 18, 2016
And if any of you amateurish officials (who are an embarrassment to Tucson and Arizona) are annoyed by what I just wrote, you are invited to read Section 230 of the Communications Decency Act which provides safe harbor and absolute immunity to a blogger when petulant folks like me write comments perceived by you amateurs to be a violation. And besides that I’m in North Carolina, about 2,000 miles away. Come and get me.
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Todd Greene
April 18, 2016
I wrote somewhere last year that the most effed up person in the room is usually the one holding the clipboard.
One of these gals, whose name I’m not using for the moment, works in the Dept. of Psychiatry and writes on mood and mental states.
This is par for the course, too. These are the people producing the “social science” that dominates priorities and perceptions in this area of law.
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Rivkah Hirtshberger
April 17, 2016
u are in my thoughts and prayers. I too hope and pray you have a lawyer. Its ridiculous there is an attempt to call your speaking ABOUT someone as CONTACT, Our liberties have been taken away from us one by one. I for one had hoped to be in another country more democratic than this one but alas it is not to be, not yet anyway. You are in my thoughts and prayers….
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Todd Greene
April 18, 2016
Thanks, M. I’m better informed than I was three years ago, anyhow. I got an email today from an outspoken critic of these procedures, an attorney in Massachusetts, who points out that the trick can be getting past what he calls the “judicial filter.” You have to present things a certain standardized way.
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fightingbarbie
April 18, 2016
Better said by the critic but that’s what I meant several posts ago. You have to present it the way they want it. Anyway, it would be great if you wrote about what his specific critiques of the procedures were. That could be very useful.
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Todd Greene
April 18, 2016
Here are some:
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Joel Bond Gunch
April 17, 2016
Time for you to publish for a living. I have done some writing for a living. It is an honorable profession.
I am glad to see that you are upbeat, sanguine, and very eloquent. As usual.
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Todd Greene
April 18, 2016
You should again.
I thought about attaching the Weekly World News picture and caption to the motions I filed today.
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fightingbarbie
April 17, 2016
Excellent Todd, These are exactly, IMHO, the factual arguments you need to be making. I would think that you testifying as an expert on the matter and the out of state SC decision confirming your explanation will bring you your victory.
Do you have an appointed attorney yet? If so, why Is he not presenting this in the motions rather than you?
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Todd Greene
April 18, 2016
I’m in two different courts. I’ve got a public defender in city court (in which I’ve just applied for a continuance). I’ll call her soon. I just got notification in the mail. I’ve asked for an attorney in superior court, too, where the case is called “civil” but threatens criminal consequences. I have to be given a jury trial if I request it, but I don’t know whether I must be appointed counsel if I ask or not.
I walked in briefs to both courts today that have cost me a week’s sleep and money, so I’ll catch up with this stuff in the next few days.
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nathanlarson3141
April 17, 2016
It reminds me of how, under federal sentencing guidelines, supervised releasees can be sent back to prison if they “associate with any person convicted of a felony”. The question then becomes, what does it mean to “associate”? I got sent back to prison for 10 months because I wrote letters to, and received letters from, incarcerated convicted felons. The dictionary definition of “associate” is to “meet or have dealings with someone”. I wonder at what point mere “contact” crosses the line into actual “association”.
In the Internet age, it’s also a gray area when writing about someone crosses the line into contact, if you know that they’ll be automatically notified of what you wrote. For example, if know she subscribes to your blog, and you don’t unsubscribe her before publishing a new post, does that count as contact, I wonder?
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Todd Greene
April 17, 2016
Beyond what you’ve pointed out about your “associations,” how would you know without asking everyone you met, “Are you a convicted felon?” whether someone was?
What do you do if your spouse is a felon?
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fightingbarbie
April 17, 2016
I know people who could not live together even though they are married with kids because they we’re both convicted felons. (Of the same crime) Last I heard they each had 10 yrs parole after serving time and are only able to “associate” supervised.
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Todd Greene
April 18, 2016
Ridiculous.
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