Locked Up for the Wrong Thing


Roger Shuler seems like a complete wacko, and it may be that he should be locked up somewhere. However, he’s now in the slammer for violating an unconstitutional court order. He may be where he needs to be but for the wrong reason.

Two points.

First, unlike Aaron Walker who, when faced with a unconstitutional court order last year, obeyed that order until it was struck down, Shuler violated the order issued against him.

Second, even if he is a nutcase, he still has First Amendment rights worth defending. IANAL, so I’ll refer the Gentle Reader to Aaron Walker and Ken White for better explanations than I can offer.

UPDATE—Stacy McCain provides some more perspective concerning Roger Shuler.

UPDATE 2—Aaron Walker has further analysis here.

3 thoughts on “Locked Up for the Wrong Thing

  1. The injunction may be an unjustified prior restraint – but the failure to appear to show cause why he should NOT be arrested….and then resisting arrest, were willfull acts that account for his jailing. Also, excluding the vague order to refrain from publishing defamatory remarks, there were parts of the judges orders that were probably perfectly within the bounds of the constitution that Shuler showed contempt for with repeated violations (repeated publications of documents under seal).

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