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Saturday, May 3, 2014

From Ken Ditkowsky–Our appeal to the 7th circuit based on the First Amendment!

by jmdenison

While the ARDC is telling everyone that attorneys do not have First Amendment rights to reveal, discuss and disclose information regarding troubles and issues in the court system, Ken has done a wonderful, wonderful job on explaining how court system issues are actually political or content oriented speech--speech which should be given the highest protection in the US under the Bill of Rights because it is essential to a free and open democracy.

This blog has repeatedly explained the difference between private trash talk (saying your married neighbor is a slut, is actionable, saying that he or she swindled someone in their business or trade when they did not is likewise actionable, and of course you cannot bully, stalk or threaten anyone with a crime against person or property, that too is actionable).

But talking about, discussing, revealing, studying and revealing and disclosing information relating to public figures clearly is not and it is fair game. Not only that, it is essential to a free and open democracy.

Recently in People vs. Clark, 2014 IL 115776 (SCOI 2014) the court struck down Illinois eavesdropping law. I have no idea why any of the circuit courts are stopping anyone from bringing in laptops or recording devices, that is now their right, so please write or fax the Hon. Tim Evans and Sheriff Dart of Cook County and remind them of that and demand your rights, that is, until the Illinois state legislature can draft an anti-recording statute that will withstand a facial constitutional challenge. For a great article which appeared in the ISBA magazine this month, see http://www.isba.org/ibj/2014/05/lawpulse/whatnextforeavesdroppinglawinillino.

Best quote from that article:

"Until the state legislature crafts a new law, people are now free to tape whatever they'd like, whether the conversation is private or public."

And of course, I hear many, many complaints, and have experienced it myself that transcripts are changed in favor of favored attorneys and courts (see this blog re Judge Stuart's testimony and Gloria's handcuffing for further information), so I have to say it's a very, very good thing people can record in court. Further, what average person making $8 to $12 per hour can afford a transcript from a court reporter at $4 a page--the going rate in Cook County? Is it fair that only the rich can prove justice. I don't think so. I think if you are middle class to poor, your transcripts should be available at reduced price. Justice Kilbride of SCOI has asked why the average person does not turn to the courts for justice resolution, and this blog has stated why over and over. The filing fees are too high, no one can afford transcripts, the proceedings are lengthy, stilted and greatly skewed in favor of those that have lawyers or have good experience in court proceedings.

Back to the subject at issue, there are still many of you out there speaking the truth regarding your court cases, you get slapped with a defamation suit, you try to use 750 ILCS 110 1/2 and you get no where. The frustrating complaint is not dismissed.

You might want to try your next motion with a bit of case law and argument from Ken's brief we filed yesterday:

https://drive.google.com/file/d/0B6FbJzwtHocwblJWYjRJZ1pfbWs/edit?usp=sharing