Repost: You have the Right to Free Speech

Ok its no secret that I follow and have followed and in reading a recent post that led me to a TP link that had another link (yea, link after link, but follow me here) to U.S. District Judge Kurt Engelhardt recent order of November 26, 2012 with regard to certain people posting on the TP web site on cases that they had knowledge of or were involved in.

Now with that being said, I can see the problem that presents itself; and while I have internal disagreements as to the 1st amendment issues involved; I can fully understand and agree I do not want a prosecutor or defense attorney, nor law enforcement trying a case via the press or blogs.

Where I have a problem with Judge Engelhardt’s order is his further pontificating (on Page 17) on who has 1st amendment right and what other parties that should refrain from such conduct. Judge Engelhardt states; “the undersigned commented on the inappropriateness and impropriety of persons engaged in certain professions, such as lawyers, government employees and other public sector workers, and persons who handle sensitive/confidential information, for instance, in posting unprofessional opinions, unauthorized comments, or even some factual statements hidden behind the mask of an online alias regarding matters related to their professions or employment.”

Unless I miss reading the statement, he is not limiting this prohibition to just the DOJ and parties involved in the current case. He would remove the right to express ones opinion to all who work for any agency of the state, county or local government. Continue reading……..

8 thoughts on “Repost: You have the Right to Free Speech”

  1. Which was my point in an earlier post. I’ve seen politicians “prompt” whistleblowers only to fire them later on charges of “disruption” and the like. Given the rank paranoia sweeping the thugs in charge of the federales, state & local governments, the adage better safe than sorry, thus refrain, is on point.

  2. It seems the Judge feels the mussel of free speech should be used broadly and without consideration of the impact it may have upon the check it places on those already in power. The internet is merely an avenue of free speech and its power should not be used to erode long standing free speech rights. I believe he should operate under existing legal presecendent and not develop new case law in this matter. The internet has no voice. Thus its existance is not related to free speech. The bull horn didn’t change our free rights did it? Nothing has changed in our rights and I’d like to have his Judical ruling keep it that way.

    “””The protests have shared techniques of mostly civil resistance in sustained campaigns involving strikes, demonstrations, marches, and rallies, as well as the effective use of social media to organize, communicate, and raise awareness in the face of state attempts at repression and Internet censorship.”””

    “””…the organizational role of internet technology…”””

    “””…widely believed to have been instigated by dissatisfaction with the rule of local government…”””

    “””…insufficient transparency of its redistribution, corruption, and especially the refusal of the youth to accept the status quo….”””

    “””…Many of the Internet-savvy youth of these … have, increasingly over the years…”””
    “””President Barack Obama issued the secret Presidential Study Directive 11, asking agencies to prepare for change. The directive cited “evidence of growing citizen discontent with the region’s regimes”, warned that “the region is entering a critical period of transition” and asked the advisers of the US President to “manage these risks by demonstrating to the people of ……..the gradual but real prospect of greater political openness and improved governance”.”””

    “””…During this period of regional unrest, several leaders announced their intentions to step down…”””

    “””the suggestion that some protesters may be nominated for the 2011 Nobel Peace Prize…….. one of the three laureates of the 2011 Nobel Peace Prize as a prominent leader ….. In December 2011, Time magazine named “The Protester” its “Person of the Year””””

    This isn’t the first attempt of the state to use repression and internet censhorship.

  3. What we have here is a CAJUN SPRING.
    The events of Katrina has spawned a change
    in the relationship between the citizens and its
    elected officals. It happened before after the flood
    of 1927. Political, sociological and cultural effects were
    notewothy enough to be included in the WIKI article
    about the flood.(link provided)

    Faulker wrote a short story about the flood where the
    security of social provisions for its populus vs the freedomaphorically
    of being on ones own were metaphorically explored via the stream
    of consciousness writing style he is credited with developing.
    In the story the Mississippi river was used to symbolize the plight
    of individuals in the mist of a great natural disaster and their desire
    to return of more communical norms under such circumstance. I never
    figured out what the pregnant women of the story symbolized, perhaps
    the future of society itself?

    The modern civil rights movement was born as a direct result of the flood and our
    society has changed more due to its disasters than one might suspect.

    Let me be the first to call this the CAJUN SPRING. Last time the Cajuns had a spring Huey Long was made Governor and threatened the very structure of our government in his desires to be President.

    Read the book. It will forever change your view of Katrina and change the role you want to play in this
    the worst national disaster in our Nations history. But for Katrina there would be no Slabbed…

    FROM THE BOOK RISING TIDES. Haley Barbour made it required reading for elected officals in Missisippi and related social organizations. I think the Judical branch should have been required to read it as well. It would certainly help. Perhaps a reader will mail one to the Judge in question? Last disaster it was the poor and blacks who were told they didn’t have a right to speak. This time it is an attempt to silence a broad section of our leaderships support staff and even those who have never engaged in the practise the Judge states he wants to help. TOO BROAD and against the course of history is my ruling.

    Read this book and Faulners book on the Great Flood of 1927. Must reads for a Judge after Katrina in my book….

    “””An American epic of science, politics, race, honor, high society, and the Mississippi River, Rising Tide tells the riveting and nearly forgotten story of the greatest natural disaster this country has ever known — the Mississippi flood of 1927. The river inundated the homes of nearly one million people, helped elect Huey Long governor and made Herbert Hoover president, drove hundreds of thousands of blacks north, and transformed American society and politics forever. “””

    For those have ever doubted the genius of Faulker he refered to the great flood as “Delta Autumn”
    his protaganist is quoted in one novel about the disaster as “This land which man has deswamped
    and denuded and derivered in two generations so that white men can own plantations…” No doubt the
    man was a genius and I’m a fly on his intellectual butt in life. Wow is all I can say when I read his work.

    A Judge should be well read in matters not directly to the law so there is hope that ours will reign in his broad reaching. If not him we can hope someone will.

  4. I apolize for the reader for so many long and boring post. But here goes another one. (or two)

    POST 1

    This Court filing reminded me of how the Trout Point owners have tried to use a back door method of
    prevent the owner of Slabbed from receiving legal representation. The front door method was entering
    the Canadian court room. The back door method was what I view as a dubius attempt to purge Mr. Handshoe of the right to legal representation in the good ole US of A. How? But making speculative
    legal filings in Canada which engage in wild accusations of the nature of the client/lawyer relationship
    their actions have forced Mr. Handshoe to enter into with a local lawyer. The want to pierce the attorney
    client relationship. Why? Not even in The People vs Larry Flint did this stunt enter the picture. Of course it hasn’t, to my knowledg of reading Slabbed, entered into US Courtroom all parties are now a part of. If it has
    than I stand corrected. I reject the idea that the nature of the work of ones client is the basis of piercing the
    lawyer/client relationship. Should all bloggers not enjoy legal representation? Should all media members not enjoy the right to legal representation? The internet has spawned a movement and a counter movement. I believe the internet is a tool and not free speech itself. So our rights should remain the same as they always have.


    Next yet another book on New Orleans and its famous river.

    POST 2
    The Accidential City: Improvising New Orleans gives a more Creole centric view of New Orleans and its
    development on the swamps of the Missisisppi RIver.

    “The secret for harvesting from existence the greatest and fruitfulness and the greatest enjoyment is—
    to live dangerously.! Build your cities on the slopes of Verusius.” Nietzche

    There are bigger cities than New Orleans, more beautiful cities than New Orleans, and more important cities than New Orleans but there is no city more interesting than New Orleans. This is a fascinating book about a fascinating city.
    –James Carville

    A masterful unfolding of the story of the most complicated and unusual city in the United States. This will become the definitive book on the early history of not only New Orleans but much of the Gulf Coast.
    –John M. Barry, author of Rising Tide and Roger Williams and the Creation of the American Soul

  5. Oh! I read that bit of Engelhardt’s order as part of a spat between Engelhardt & Mann. He made that pointed remark with USAO’s behavior in mind, and Mann counterattacked by turning the accusation against Engelhardt’s employees, which infuriated him (bad habit of hers).

    Engelhardt got so mad he sent a letter by hand telling Mann to put up or shut up (“I am writing to request that U.S. Attorney

      1. ! Didn’t know there was one. :_) If mutual hostility predated the events described in the order, then Mann was a fool for leaving herself open to the construction Engelhardt put on her behavior, but I don’t see any room for doubt in his description of what she did.

        It sounded as though she tried to minimize Perricone’s behavior when he was questioned in Engelhardt’s chambers, which can’t have endeared her to the judge, and carrying that minimization to the extreme of turning the accusation around was INCREDIBLY dumb. But no less so than refusing to resign, of course. :_) Very irritating woman.

        P.S. Did you see her brother sent an e-mail to WWL? (“Mann’s brother Joe Maselli sent us an email suggesting his sister is not the villain here,” Some shared congenital flaw in discerning moral nuance there, as there are villains aplenty in this piece.

        1. Well, you know. Maybe the rumor mill is getting ahead of itself as we still have 2 more DoJ employees that must fess up according to that same mill.

          Court employees posting to message boards and news stories and leaking in Louisiana? Gotta be a near certainty when one includes the state court system.

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