Bad First Amendment News

TechDirt reports that a state court judge in Rhode Island has issued a restraining order requiring a Massachusetts blogger to take down allegedly defamatory posts. The order was issued without a hearing, creating due process issues in addition to being clearly at odds with the First Amendment.

There’s more about the case over at The Volokh Conspiracy where Eugene Volokh points out that the First Circuit Court of Appeals (Rhode Island in in the First Circuit) has ruled that even permanent anti-libel injunctions barring the repetition of statements found to be libelous at trial are unconstitutional.

The ACLU is representing the blogger and has removed the case to federal court.

Stay tuned.

3 thoughts on “Bad First Amendment News

  1. I know those of us who have been following the saga of LOLsuits and Peace Orders against Mr. Hoge like to say “But, Maryland…”, but Rhode Island really is the most corrupt, elitist, and bureaucratic state. And many of the businesses, some towns, and all the unions are run by organized crime.

    • As a native of RI, I can tell you that you’re either connected or you’re f*cked. My former Rep, David Ciccilline, was a mob lawyer best known for leading his posse of boytoys around downtown Providence clubs before he did a stint as Mayor in which he completely phoneyed up the books before replacing Patrick Kennedy in Congress.

      They don’t call it The Dirtiest Little State In The Union for nothing. Rhode Island is hopeless, which is ironic given its flag.

      That said, this judge is just as idiotic and incompetent as Vaughey and will surely get drop kicked through the goalposts of the First Amendment in short order.

  2. It would help if lawyers and judges were required to go to a special school and actually study key points of law like the constitution and stuff. Sure, it might be inconvenient for them as they try to rule tyrannically from the bench, but it seems like a good place to start.

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