Browsing All posts tagged under »First Amendment«

“PERMANENTLY PROHIBITED”: Camden County, New Jersey’s Idea of a Just Order of the Court

June 2, 2016

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NOTE TO THE COURT: Facts in this post were gleaned by its author and do not originate from its subject, Bruce Aristeo, who had no influence on its composition. Commentary, likewise, is solely that of its writer. A recent post on this blog highlighted the case of Raines v. Aristeo, out of Camden County, New […]

The Female of the Species Is More Deadly than the Male: A Restraining Order Plot Twist That Fans of Novelist Gillian Flynn Will Appreciate

May 29, 2016

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The previous post concerned the interpersonal and legal travails of a blogger who brought her story to my attention last week. Jenny has twice been served (this month) with restraining orders alleging “domestic violence” that were petitioned by an ex-boyfriend with whose son she had formed a parental attachment. The “man” resents her talking about […]

The Use of Restraining Orders to Bully Women: Jenny’s Story

May 26, 2016

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A woman named Jenny brought her blog to my attention yesterday. Jenny reports she was falsely accused of domestic violence for no better motive than to hurt her, and she prevailed in court. I broke down during my turn to defend myself, but I couldn’t help it. My heart hurt so badly. I was in […]

A Man’s “Tasty Little Balls…What a Treat!”: On RAINES v. ARISTEO, Free Speech, and Censorship

May 16, 2016

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Typical of cases stemming from court injunctions, the case that occasions this post, Raines v. Aristeo, is a he-said/she-said quagmire. Not disputed is that the woman and the man had a four-month relationship in 2010. He says he ended the relationship after learning “disturbing…information” from her ex-husband about her. She says she ended the relationship because […]

Gimme a Break: A Response to Marlisse Silver Sweeney’s “What the Law Can (and Can’t) Do about Online Harassment”

May 14, 2016

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“It was late summer when we met, on a patio jutting out onto the Pacific. The night was still warm as I sipped my Gewürztraminer and asked him about his exciting career. His articulate responses drew me in, and I breathed back nerves and adrenaline with the ocean air as we continued this perfect first […]

FABRY v. POWERS: An Injunction against a Woman That Underscores the Wastefulness and Absurdity of the Restraining Order Process, and Its Licensing of Civil Rights Violations by the Courts

May 12, 2016

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Contents of this post were independently investigated by the writer. He alone is responsible for the post’s authorship. Here is a chart prepared by the “state administrative offices of the courts” in 2010 that puts the number of “general” and “limited” jurisdiction state courts in our country at about 30,000. Here is a single judge’s docket for this […]

Restraining Orders as Strategic Lawsuits Against Public Participation (SLAPPs)

May 4, 2016

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Not a day goes by when a search engine query doesn’t lead someone to this blog because s/he wants to know whether speech on Facebook can be prohibited by the court. Lawfully…maybe. If someone sends communications TO someone else after the someone else has repeatedly requested that s/he be left alone, this can be labeled […]

“Contact”: A Lesson in Semantics for Officers of the Law and Court

April 17, 2016

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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 […]

What Can Be Done with Public Records, Like Restraining Orders, Arrests, and Convictions: A Tutorial for Judges and Everyone Who’s Been Lied about to One

January 3, 2016

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Court records are available for public consumption, freely or for a few dollars, besides people’s home addresses, telephone numbers, birth dates and ages, work histories, list of associates and family members, etc. Men and women falsely targeted for blame in drive-thru court procedures may be fined or jailed for airing information about their accusers’ conduct […]

Another Way False Testimony Is Concealed: The Unconstitutional “Prior Restraint”

November 13, 2015

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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 […]

Why More Falsely Accused Don’t Speak Out

May 17, 2015

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If procedural abuses are epidemic (and they are), why do so few vociferously complain? Why isn’t the Internet inundated with personal horror stories (and why aren’t state representatives’ in-boxes choked with them)? We purportedly enjoy the privilege of free speech, so why isn’t it exercised more? The absence of rampant complaints of procedural abuse is misleading. Limitation […]

A Victory for Free Speech: Matthew Chan Prevails in His First Amendment Appeal of a Lifetime Restraining Order

March 30, 2015

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Several posts on this blog in the past year have concerned the case of Matthew Chan, a Georgia entrepreneur who blogs and administers a forum for victims of “copyright extortion” (i.e., people who’ve been threatened with lawsuits for unsanctioned use of a copyright holder’s original material and may be intimidated into paying thousands to avoid […]

First Amendment Rights from Beyond the Grave: Defense of a Suicide’s Publication of His Final Words by the Randazza Legal Group

March 20, 2015

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“I couldn’t flee and I could not fight. I was never going to be allowed to heal or recover. I wish I were better at articulating the psychological and emotional trauma I experienced. I could fill a book with all the lies and mysterious rulings of the Court. Never have I experienced this kind of […]

Talking Back to Restraining Orders Online: What the First Amendment Says Is Okay

March 1, 2015

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“If someone puts a restraining order on you, can you write about it online?” —Google query that brought a visitor here recently Here are some other search terms that led people to this site last week: “lying to obtain a restraining order,” “false cps reports perjury,” “fake rape restraining order,” “restraining order lie,” “falsely accused of molestation […]

RestrainingOrderAbuse.com Guest Post by Matthew S. Chan, the Appellant in a Restraining Order Case before Georgia’s Highest Court

January 26, 2015

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In my desire to give something back to RestrainingOrderAbuse.com (ROA) for the enormous help, contribution, and insights into my own protective order appeal case with the Georgia Supreme Court that it provided, I found myself a bit stumped as to what to write about that might be helpful and perhaps a bit different from the […]

Restraining Orders and the First Amendment: A Female Blogger’s Successful Appeal of a Restraining Order That Labeled Her a “Cyber-Stalker”

December 14, 2014

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“The First Amendment is FIRST for a reason.” —Larry Smith, former attorney and indomitable muckraker A recent post on this blog revisited the case of Matthew Chan, author of ExtortionLetterInfo.com (ELI), whose appeal of a lifetime restraining order is presently under consideration by the Georgia Supreme Court. A verdict is anticipated within the coming month […]

Criminalizing Criticism: Restraining Orders, the First Amendment, and Chan v. Ellis

November 1, 2014

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This search term brought a visitor here a day or two ago: “restraining order in ohio because a couple texts.” It struck a chord with this author, because he himself was issued a restraining order on a similar basis (three emails over a weekend). There were accompanying allegations, but the court’s final ruling was based […]