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Tuesday, April 29, 2014

Alabama's Staunch Support of Free Speech Has Roots That Go Back More Than 100 Years

Alabama might not be seen as a favorable spot for progressive ideas, but the state's strong support of free speech goes back more than 100 years. Case law from both state and federal courts in Alabama show that preliminary injunctions that restrict free speech--the kind that led to my recent incarceration--are unlawful.

We have found several such cases, with the help of the authors at the Popehat blog, which seems to present a right-of-center view on legal and political issues. An October 27, 2013, post at Popehat puts it simply:

The order underlying Shuler's arrest is unconstitutional. There is a strong and venerable rule in American law against pretrial injunctions prohibiting defamation.

The post then points out that this notion doesn't just find support in parts of the country that are considered moderate to liberal. It also has strong support right here in Alabama, and it conflicts with Judge Claud Neilson's preliminary injunction in my case. Writes Popehat:

This is not some mere Yankee affectation. The courts of Alabama — where Judge Neilson issued his injunction — have long recognized the principle. "Nor can an injunction be granted to restrain the publication of a libel." Montgomery & W.P.R. Co. v. Walton, 14 Ala. 207 (1848).

Popehat notes that an injunction is an equitable remedy, one that is only supposed to apply where legal remedies, such as money damages, are unavailable or inadequate. Popehat then shines light on these principles by citing a federal case that was heard in Alabama in 1909.

We will take a look at that case, and what it says about my 2014 situation, in an upcoming post.

11 comments:

Anonymous said...

Due Process Rule of Law, now ain't IT something!

When Due Process Rule of Law was DECIDED to be a CIVILIZED FORM of resolving DISPUTES, well the process wasn't shoddy.

Boss Rove is going to take a lot of criminally insane into the history bin (already has) with his rotten no good for hypocritical cult, tribe. clan, filth not fit to be in human form.

Steady as the real hand of righteous justice is.

Excellent work.

Anonymous said...

sometimes the worst happening gets the best of our spirit into the correct energy frequency to get a job done that has to be.

sorry you had to be in jail, there is a saying Jesus said:

shall i not drink from the cup my father hath given me.

regardless of what people think of 'scripture', there are also words that are sublime, even mark twain though highly of Jesus' words.

in other words, schnauzer, you like Jesus were there, the Romans arresting you, Paul cuts off the Roman's ear? No, but you are alive and therefore, that is how you now do what Jesus said.

he drank from the cup, and rose again in three days, the words say.

so perhaps the resurrection of your power is a source of pure Jesus that the south didn't expect.

Anonymous said...

THE ASSOCIATED PRESS
WASHINGTON, D.C.
U.S. SUPREME COURT

FREE SPEECH RIGHTS

"WHEN EDWARD LANE TESTIFIED ABOUT CORRUPTION AT A COMMUNITY COLLEGE PROGRAM HE HEADED IN ALABAMA, HE WAS FIRED."

"THE CASE HAS ATTRACTED INTEREST FROM THE AMERICAN CIVIL LIBERTIES UNION, AND WHISTLEBLOWER GROUPS..."

"LANE CLAIMS HE WAS FIRED FROM HIS JOB AS DIRECTOR OF A COLLEGE PROGRAM AFTER EXPOSING CORRUPTION INVOLVING A STATE LAWMAKER."

The average everyday going to work one/two or maybe 1 third part-time job don't know, doesn't have time to know about the seriousness of these matters, such as individuals enduring personal plights in efforts for State of Alabama to rise above and out of contaminated, tainted, and tarnished state government herein having existed, continuing to exist.

Tragically the State of Alabama's medias are so beholding to whomever for whatever throughout all these past decades they have intentionally or not lost sight and/or focus being advocates for truths and honesty for "we the people's" government's rights; respecting their subscribers, listeners, and viewers rights to decide for themselves, especially when involving matters regarding THE PEOPLE'S RIGHT TO KNOW.

Medias becoming commonplace placing footsy with the public's bill of rights; toying with their lives are due to be held accountable; FOR WHICH IS WORST, media knowing of bad government and not reporting to the people, or media knowing of bad government becoming complicit for not reporting to public; whereas had they been their coffers and injuries would have been avoided?

Those down in Alabama fortunate enough to have access to the Schnauzer should TAKE THE TIME TO CONTRIBUTE YOUR SHARE OF FACTUALLY KNOWN OF TRUSTWORTHY INCIDENTS AND EVENTS INVOLVING EXACTLY WHAT'S BEEN TRYING TO BE EXPOSED SEEN VIA SHULER'S JAILING AND OTHER'S STORIES. A COMPILED LISTING DETAILED WILL GO TO HELP OUR PRESIDENT GET THE UNDERSTANDING HE NOW LACKS OF THE U.S. HAVING A HUMAN RIGHTS PROBLEM.

Shuler's are doing their share; everyone with any compassions needs to care.

Anonymous said...

Judge Charles Evans Hughes, who later became a Justice of the US Supreme Court, said "The Constitution is what the judges say it is."
Sadly enough, Professors Caplan and Volokh have paraphrased Hughes in their law review articles denouncing warrants and restraining orders for viewpoint-based internet speech, and other innocuous communication.
Also shockingly enough, Judges like Neilson know that their immunity from liability is so ironclad they are unaccountable for violations of the Bill of Rights. Neilson still should be sued IN FEDERAL COURT to overturn the restraining order, and request compensatory damages, under 42 US Code, Section 1983 and for specific violation of 18 US Code, Section 242, Deprivation of Rights Under Color of Law.
There are glimmers of hope everywhere. All nine Republican appellate justices in Texas struck down an internet "stalking" law in that state as unconstitutional. Higher Courts in other states have voided cyberstalking convictions in Illinois, Missouri, Washington State, and Maryland. Some of these judges have indeed read the Bill of Rights and understand it. That is little consolation, however, to those of us who have been repeatedly arrested and jailed on frivolous charges and had deputies and police buttonholing us with frightening new charges, as I have. And I couldn't hold a candle to the brutal tyranny worked on Roger Shuler. You are not alone, as readings of the alarming case histories in A. H. Caplan's and Eugene Volokh's scholarly treatises demonstrate.
I have been run through the ringer 4 times already on charges that could have me jailed for at least 30 days, and two new albatroses still hang around my neck which could get me jailed -- and for nothing but asserting First Amendment rights.

Anonymous said...

04-28-2014
White House, Press Office
U.S. Government
Joint Press Conference
HUMAN RIGHTS
President Obama and PM Najib

"In the United States embracing that diversity and upholding the rights and dignity of all our citizens has always made us stronger, and I [Obama} believe it can make Malaysia even stronger as well."

"I [Obama] think it's important to note that there is not a meeting I have around the world where issues of freedom of the press, human rights, civil liberties aren't prominent on the agenda."

"But what I have shared with the Prime Minister is the core belief that societies that respect rule of law, that respect freedom of speech, that respect the right of opposition to oppose even when it drives you crazy, even when its inconvenient, the respect for freedom of assembly, the respect for people of different races and different faiths and different political philosophies---that those values are at the core of who the U.S. is,...."

"HUMAN RIGHTS WATCH PROBABLY HAS A LIST OF THINGS WE SHOULD BE DOING AS A GOVERNMENT. AND I AM GOING TO BE CONSTANTLY COMMITTED TO MAKING SURE THAT THESE ISSUES GET RAISED IN A CONSTRUCTIVE WAY."
Leaving public with impressions that his office is available, an invitation, for making known of their concerns for Human Rights Violations within their states, counties, cities, or towns.
President Barack Obama has now gone on the record stating his position, his administration's positions; his failure to cause or cause to be caused movement involving the very issues, matters, problems, violations, crimes, reviewed within recent past years now has an official avenue to further channel those complaints to: President Barack Obama, Human Rights Violations
The White House, additionally Alabama's elected/employed officials, for they too having given officially their sworn oaths and bonds.

Give MURPH another treat...Rog

Anonymous said...

Since President Obama has established, and maintained apparently such an extraordinary good ongoing relationship with Alabama's state and federal officials it's more than reasonable for any average IQ capable individual of reading President Obama's following comments not to have to be very curious as to what happened when applying his philosophies to use within Alabama's political decision making processes, namely;

the premeditated orchestrating of arresting Shuler inside his home without a warrant, beating him up, confining him for 5 months without bond; now, let us see what part of Anon 04-29-2014 @ 2:02 PM's 3rd paragraph, lines 1-2-3, hasn't Alabama's highest ranking politicians and their underlings learned by now; "THAT RESPECT
FREEDOM OF SPEECH, THAT RESPECT THE RIGHT OF OPPOSITION TO OPPOSE EVEN WHEN IT DRIVES YOU CRAZY, EVEN WHEN ITS INCONVENIENT.." President Obama.

What particular words reach out of all others that particularly attaches themselves to the Riley and Strange/Garrison cases vs. Shuler?

Anonymous said...

Peter cut the ear off the Roman soldier, not Paul.

A law firm in California is now representing Iraqi people in the War that has destroyed them.

We're not as bad as the Middle East, and that is a thankful true reality.

We're bad off though, and the news nor any of the government information sources talk about how bad this country is.

A small percent own everything because they're a mafia global construct.

Iran reports that Americans are being super police controlled because once we wake up to no clothes on these emperors that are total fraud, well there is going to be a very interesting time coming.

e.a.f. said...

The legal points are interesting but if the judge can't read or understand what he is reading, what does it matter. O.K. the judge can read and understand. Then it is reasonable to conclude the judge simply wanted to do "right" by his "friends" and not the law of the land. Nothing changes all that much in life. Some people just get the best "justice" available, i.e. for sale.

Anonymous said...

But, apparently, the US' own crackdown on journalists, particularly those involved in whistleblowing, is a completely “separate category” to be highlighted by such an event, as Jen Psaki, the spokesperson for the US State Department made clear.

On Friday, the US Justice Department urged the US supreme court to reject New York Times correspondent and Pulitzer-Prize winner James Risen's petition on reporter's privilege, which could force him to go to jail for not disclosing his source. The request comes after Obama administration lawyers asked the US Supreme Court to not hear testimony.

In the State Department, Lee continued his line of questioning, asking Psaki if the US State Department regards Risen's case “as an infringement on press freedom or not.”

“And I would suspect that you do not, but I want to make sure that’s the case,” he said.

“As you know, and I’ll of course refer to the Department of Justice, but the leaking of classified information is in a separate category. What we’re talking about here, as you all know, and unfortunately we have to talk about on a regular basis here, is the targeting of journalists,” Psaki answered, adding that that she is referring to “the arrests, the imprisonment, for simply exercising their ability to tell a story.”

Lee continued his grilling, clarifying that “reporters in question here have not leaked the information” but simply “published it.”

“So is it correct, then, that you don’t believe – you don’t regard that as an infringement of press freedom?” he asked.

“We don’t,” Psaki answered, drawing the line under the “Free the Press” campaign announcement.

New York bases Committee to Protect Journalist (CPJ), in their 2013 report on the freedom of speech in US noted that the Obama administration continuously violates the freedom to share information.

http://rt.com/usa/155124-press-freedom-violations-us/

Americans are waking up. The GOV Global is America and the Americans don't have any rights when the reality gets into real, like what the whole world has been suffering under the "Bringing Democracy" to the earth people everywhere.

Roger and Carol have suffered the Washington D.C. Global Gov New World Order, and there isn't any human on earth that is going to be free according to the so called Washington D.C. Wall Street Mafia, Agent for Gov Global.

Anonymous said...

Hey Anonymous 12:01-Why do you have such an erection for Boss Rove ??

Anonymous said...

.. Hey Anonymous 12:01-Why do you have such an erection for Boss Rove ?? April 30, 2014 at 7:33 AM

> anon 4/29/14 12:01 >

http://harpers.org/blog/2012/09/_boss-rove_-six-questions-for-craig-unger/

September 3, 2012, Boss Rove: Six Questions for Craig Unger

By Scott Horton