Saturday, March 15, 2014

Lawyers who skipped the First Amendment: Michelle Bachmann, Judith Hayes (who is now a judge) and the partners at Stutz law firm

Michele Bachmann (top) and Judge Judith Hayes

Michele Bachmann is calling on the Feds to imprison everyone criticizing the Koch brothers.

Daily Kos notes, "Bachmann, who must have skipped class when the First Amendment was taught at her law school, believes critics of Charles and David Koch should be indicted on RICO anti-racketeering charges."

Bachmann attended Oral Roberts University School of Law. Perhaps they teach the Constitution differently there, but Judge Judith Hayes knows better. She attended University of San Diego School of Law. So why has she pretended, in Stutz v. Larkins, that she doesn't know what the First Amendment says?

Education attorney Dan Shinoff and his partners at Stutz Artiano Shinoff & Holtz clearly feel the same way about the Constitution as Michele Bachmann and Judith Hayes. Stutz law firm asked Judge Judith Hayes to put me in jail for MENTIONING THEIR NAMES!

The law schools attended by the three major Stutz law firm partners are Western State (Dan Shinoff) and University of San Diego SOL(both Ray Artiano and James Holtz).

In fairness to University of San Diego, it should be mentioned that USD SOL Professor Shawn Martin wrote the Reply and gave the oral argument that resulted in this Aug. 5, 2011 Court of Appeal win for Maura Larkins. Professor Martin didn't seem to have much trouble convincing the Court of Appeal that the Constitution vehemently forbids such an exceedingly broad prior restraint on speech.
In fact, he seemed to convince Stutz attorney Jack Sleeth, as well. When the presiding judge asked Mr. Sleeth if he had any case law to back up his firm's position, he admitted that he did not--even though he had searched long and hard for such case law. "I tried, believe me, I tried!" he told the appeals panel.

Perhaps the law schools that have most reason to think about this issue are Thomas Jefferson, where Ray Artiano currently teachers, and Cal Western, where James Holtz gives classes.

I suspect that the only reason Judge Hayes didn't comply with Stutz law firm's request to put me in jail was that she was afraid the news media would pick up the story. At most other times she has been incredibly compliant with the requests of Stutz Artiano Shinoff & Holtz law firm, as detailed in my current appeal.

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