Leaderboard 728 X 90

Thursday, May 1, 2014

Alabama Case from 1909 Provides Strong Warning Against "Censorship In Advance" On Free Speech

A 1909 court case uses strong language to decry "censorship in advance" on matters of free speech. Was the case decided in a coastal state that has become known for its liberal traditions? Nope, it was decided right here in Alabama, in a federal court.

Our thanks to the Popehat blog for unearthing Citizens’ Light, Heat and Power Co. v. Montgomery Light and Water, 171 F. 553 (1909). After reading the key finding in Citizens' Light, one can only wonder how Circuit Judge Claud Neilson issued a preliminary injunction in a defamation case, leading to my incarceration in 2013/2014. That remains a head scratcher, but the words from Citizen's Light leave little doubt that I never should have been subject to an injunction, with resulting contempt and incarceration. 

Popehat sets the stage by explaining that equitable remedies, such as an injunction, are improper in defamation cases:

An injunction is an equitable tradition because it is only supposed to be imposed when legal remedies — like monetary damages — are unavailable or inadequate. American courts have long held that equity will not enjoin defamation — that courts may not issue an injunction to prohibit someone from committing libel or slander because the victim can always sue for damages.

With that as an introduction, let's consider these powerful words from the 1909 Citizens' Light case.Note it's key finding in the first sentence: that an injunction imposed by a single judge in the equity setting amounts to censorship:

Neither a court of equity, nor any other department of government, can set up a censorship in advance over such matters, and prevent a person from exercising this constitutional right. He has the right to publish, if he chooses to take the consequences. After he has spoken or written falsely, the criminal law can punish him, and the civil courts amerce him in damages. That such redress may not be adequate in all cases, and in some cannot be, is quite apparent; but the remedies named are all that the Constitution permits any court to employ against slanders upon a man’s credit and business standing. The court cannot go outside of the Constitution, or hold that to be an inadequate remedy which the Constitution has declared to be the sole remedy. The wrongs and injury, which often occur from lack of preventive means to suppress slander, are parts of the price which the people, by their organic law, have declared it is better to pay, than to encounter the evils which might result if the courts were allowed to take the alleged slanderer or libeler by the throat, in advance. Citizens’ Light, Heat and Power Co. v. Montgomery Light and Water, 171 F. 553 (1909)

7 comments:

Anonymous said...

Supreme Court Global Government's Fascist Dictators got us George W. Bush and now the Detention Appeal not allowed, Chris Hedges Et Al don't get out of jail, no one does now that the SUPREMES have said no, no they don't care about the NDAA, or do they?

Well global investments are what they are and Americans' as digital commodities, are part of that equation, we do not have the rights' regardless of the States' Constitutions.

So we have to do something about the system which isn't law and hasn't been, because the globalists decided the order was a digital world pay as you play, and those that have get to.

Those that don't, are in their houses as Bundy said, that is a slavery because we own nothing. The idea was to own property, real and personal, that was the Jeffersonian Et Al, U.S. CONSTITUTION'S Corner Stone? Cap Stone? Well, the three number is the first in the idea of balance, too, sit on a stool with three legs a human can and not fall off.

NOTICE, RESPOND, BE HEARD. Not happening here in Big AL, and therefore, no such idea, U.S. Constitution and States' NOPE the dope in the bloodstream doesn't get clean, not in the time of collapsing vile evil.

Anonymous said...

THE ASSOCIATED PRESS
BIRMINGHAM, ALABAMA
MAY 01, 2014

"Former AG Baxley defending Republican legislator"

"Former Alabama Attorney General Bill Baxley has signed on as a defense lawyer for Republican Rep. Barry Moore of Enterprise."

"............is charged with perjury and making false statements to law enforcement officials."

"........before a Lee County grand jury investigating possible public corruption."

"Baxley filed court papers Wednesday saying he'll be one of Moore's defense lawyers."


And now, who is it that said from down there, that apples and oranges cannot be mixed while one being subjected under oaths to answering litigating questions?




Anonymous said...

Lawyers, Attorneys at Law, REAL Legal Experts.

Yes, getting that there is definitely a problem in the nation that was and has been and is, touted as lawful and not the lawlessness.

Ohio election stolen, September 11, 2001, but long before those coups were the coups in the 60s, 70s, 80s, 90s. Now, we're in very serious collapse.

Journalists were not aware. When the truth did get to the journalists that are Rogers of America, well the Roves are far more powerful.

Must get all the attorneys in the USA to sue the violators of the law, beginning with the dictator war criminal that decided to be the most insane of America's history.

Anonymous said...

LB) CNBC just got very surreal. I have been following the release from prison of well known hacker and troll “Weev” for several weeks now. What has really captured my attention is his effort to get the world’s smartest hackers to find vulnerabilities in companies, short the shit out of them, and then release the vulnerability to the public. He plans on using a hedge fund naturally called TRO LLC to achieve this goal. - See more at: http://commoditiefutures.com/convicted-hacker-weev-to-launch-new-hedge-fund-to-bring-down-u-s-banks/#sthash.I26JrBvz.dpuf

Anonymous said...

http://oathkeepers.org/oath/2014/04/23/is-confronting-federal-power-an-act-of-domestic-terrorism/

Division in the United States of America was a very well planned agenda. Take the 'liberals' and 'conservatives' as well as the "breeds", that is, 'immigrants', the 'asians, africans, blacks, latinos, hispanics, mexicans, and all the not whites, and then the whites', of course, too, and make a movie of America.

Call the show: Apartheid.

When the Apartheid gets out of control and the model always has in every place in earth, in forever since history wrote about the horror of those that 'have' and make 'have nots'' into the slaves of the haves,

GENOCIDE, call the lucrative extinction of our own species' necessary to make war so peace can be experienced. Very sick.

Liberal Democracy was the answer to all the prayers of the victims of the Conservative Republicans.

Then the drugs into the people for as long as the pharmaceuticals were given out, World Wars started the drug industries big time.

War is the only real industry that America has cultivated and the small local police state out of control, is the model.

What to do. Join the so called people that aren't considered those that worship George Soros' or Soros' Pimp Karl Rove.

Anonymous said...

Paraphrasing, WHAT DIFFERENCE DOES IT [BENGAZI] MAKE? Question made while appearing under oath before the U.S. House of Representatives by the former Secretary of State Hillary Clinton to Chairman Daryl Izza, i.e. House Oversight Committee.

Within recent past few days was heard speaking to the press, former Speaker of the House, Nancy Pelosi saying the following; "BENGAZI, BENGAZI, BENGAZI.

It should be required of all political wantabee politicians, a specially designed course for learning how to achieve the most basic insensitive and imperfect
styles of communications so when having opportunities to really flex their muscles, and tones of voices, over those others apparently when compared to wantabees, as plebeians; having accomplished thru the instilling of them their own fragile insecurities.

What can really be described of a politician seeking to represent their fellow countrymen and nation when for examples as follows rings loud for truths and answers; obviously to many to mention, not making others more important: Remember the young man who traded in his Cardinal football uniform for a Army uniform to train thru the swamps of Florida, Remember the young man, a U.S. Border Patrolman and his needless assignment. Yes, BENGAZI; UNKNOWN STILL AS OF THIS DATE TOTAL PERSONNEL'S INJUIRES, WHERE THEY WERE TRANSFERRED TO AFTER BEING ATTACKED AT BENGAZI; AND THE 4 KILLED INCLUDING THIS COUNTRY'S AMBASSADOR.

To make mockeries of these and other Americans who after having given their full measures for fellow servicemen and country are looked upon as being no longer worthy, not honest, ...........
and for those killed at Fort Hood, "WORKPLACE VIOLENCE".

It should be.......that if there was anyway possible that those having died away from the fields of war; to begin with their names should be the rallying cries for this nation's coming together for a new government, BY VOTING 2014, KICKING THOSE HAVING TOYED WITH TOO MANY OF THE PUBLIC'S LIVES FOR PRESENT DAY POLITICIAN'S SELF-SERVING GREEDS............

"NO, IT IS NEVER EASY TO STAND ALONE." STAND FOR SOMETHING by Ohio Congressman John Kasich.




Anonymous said...

In 2010, the prediction was America's collapse was about another number of years, 2025, or later. The American BIG LIE is that the soft landing of America's collapse was going to be in about 2050.

Now in 2014, the 2025 minus the 2014, is 11 gone years and there were definite reforms to save the collapse from being "hard".

No more wars and no more belligerence and not acting like the other "super powers" (China, Iran, Russia, and others), aren't able to get the trading and exchanging accomplished that is in the digital age.

Star Wars are real. The missing Malaysian Plane is a really big deal in the new 'game' of 'war'.

Technology is set to disrupt the whole system, just like that.

China and Russia and Iran and all the BRICS, are very ready for the electronic wars that have begun.

Getting the losses restored (Roger and Carol's "damages" redeemed), the digital credit to prepare for the coming shock waves, hurry.

All Americans must be thinking about getting credit restored for the very new and different world of only fiat exchange here.