Where did Judge Judith Hayes develop her thinking about free speech?


See all Judge Judith Hayes posts.

Judge Hayes says that I don't understand Constitutional law (click on image above to read her decision). She's right that I don't understand that the Constitution allows Judge Hayes to impose broad prior restraints on a citizen journalist in order to protect law firms that appear before her. Well, not ALL the law firms who appear before her, but one of them, a group that was founded by two members of what some school-watchers think of as the Poway Pow-wow, lawyers who live in the suburb beloved by Judge Hayes.

What is this constitutional subtlety that Judge Hayes accuses me of not understanding? It seems to be the Hayes Doctrine, devised to fill a gaping hole in the legal system of the United States--a hole that allows citizens to become informed about actions of public entities that their lawyers don't want the public to know about.

In my benighted state, I believe that the law that Hayes is supposed to follow is Balboa Island Village Inn v. Lemen, 156 P.3d 339 (Cal. 2007), a decision striking down an overly broad injunction on speech. (Judge Hayes' injunction says I must remove every mention of Stutz law firm from my websites, and never mention their name again. Balboa Island says that court may only apply prior restraints to specific statements found to be defamatory.


Judge Hayes attended Catholic University of America, which may explain her antipathy to citizen journalism and her remarkable efforts to protect Stutz law firm from criticism. The University is under censure for lack of academic freedom.

Catholic University of America--Academic freedom

Wikipedia

Although the University continues to be under censure by the American Association of University Professors (AAUP) for academic freedom violations and continues to ban certain speakers from campus, CUA has made a general statement of policy that the academic freedom of its faculty and students will be respected.[18] It considers academic freedom a "fundamental condition for research and dissemination of information."[18] The policy sets forth its respect for the right and responsibility of its faculty and students to (i) conduct research, (ii) publish their findings, and (iii) discuss ideas according to the principles, sources and methods of their academic disciplines.[18] The University further "sanctions" the investigation of "unexplored phenomena, advancement of knowledge, and critical examination of ideas, old and new" and "accepts the responsibility of protecting both teacher and student from being forced to deny truth that has been discovered or to assert claims that have not been established in the discipline."[18]

However, the University specifically provides that "theologians" in the University are "expected to give assent to the teachings of the magisterium in keeping with the various degrees of assent that are called for by authoritative teaching."[18]

No comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...