Today a source provided me with a copy of the letter Judge Grendell sent to the editorial board of a local paper, the Plain Dealer, in response to a critical article.
To the Editorial Board ofCleveland.com,
As a constitutional oriented judge and legal scholar, I appreciate the First Amendment and the general right of free speech.
What tha blue fuck is a "constitutional oriented judge," other than an attempt to make me choke on my morning coffee?
Also, note the classic censor's rhetorical move: you always start saying you respect free speech. BUT . . . . [Edit: I am reminded that the technical term for this is "gertruding."]
But the right to free speech is not unlimited. Just as a person cannot stand up in a movie theater and yell "fire", a person has no constitutional right to falsely tell a party in an ongoing child protective custody case that the judge is mentally ill, does not follow the law, and should be "kicked" by that party. Such irresponsible and false speech is just as detrimental to the public welfare and the fair administration of our public justice system as the prohibited movie theater conduct is to public safety.
So much arglebargle.
First: "the right to free speech is not unlimited" is another typical censor's rhetorical move. It's a non sequitur. If you have relevant authority showing that this particular instance of speech is outside the protection of the First Amendment, cite it. Otherwise this is like saying, "well, there are some circumstances where I am allowed to shoot someone" when the cops come to arrest you for shooting your spouse.
Second: Stahhhhp. Staahhhhp with the hackneyed, misleading fire in a crowded theater reference. Protip: the legal analysis of anyone who references that Holmes line is not to be taken seriously.
Third, the generic and conclusory "detrimental to the public welfare and fair administration of our public justice system" is meritless for the reasons I explained yesterday. Most of the language he's complaining about is explicitly opinion and rhetorical hyperbole, and he hasn't come close to offering the sort of compelling evidence of actual disruption of justice required by three quarters of a century of Supreme Court precedent.
In the case in my court, involving the protection of a child in need ofjudicial intervention, Nancy McArthur's false speech encouraging a noncompliant party to continue to be disrespectful of the Court and noncompliant with Court orders was not protected speech. It was interference with a judicial proceeding and improperly impeded the protection of a child.
Judge Grendell's proposition seems to be that if a party to a case asks me about a judge, and I criticize the judge, I'm subject to a contempt order because I am encouraging disobedience. I invite Judge Grendell, with the assistance of a doctor holding a flashlight if necessary, to cite any authority supporting that proposition.
Confidentiality limitations prevent a discussion of any other facts, but suffice to say, the Plain Dealer's Editorial Board and Brent Larkin are mistaken as to both the facts and the law. This is particularly disappointing because the Court provided the newspaper with the correct information before it published its editorial.
Oddly, though the issue is so important to him, Judge Grendell cannot cite a single precedent supporting his unconstitutionally narcissistic view of his own contempt power. Ultimately this letter is reminiscent not of an analysis by a "legal scholar" but of a YouTube comment.
People like this decide on which of your rights the State will recognize.
Last 5 posts by Ken White
- Free Speech Triumphant Or Free Speech In Retreat? - June 21st, 2017
- The Power To Generate Crimes Rather Than Merely Investigate Them - June 19th, 2017
- Free Speech, The Goose, And The Gander - June 17th, 2017
- Free Speech Tropes In The LA Times - June 8th, 2017
- I write letters - June 1st, 2017