Red Herring Alert

There's something fishy going on!

Censorship

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Everyone has the right to seek, receive and impart information and ideas without fear or interference. Well, ALMOST everyone.

Probation Conditions in State of Minnesota vs Deirdre Elise Evavold- Case No. 19HA-CR-15-4227

“You will not reference any of the XXXXXXXX-XXXXX family on any social media.”

I previously posted a press release on Darren Chaker, who reversed his conviction in federal court on First Amendment grounds. A Good Day For The First Amendment.

After corresponding with Mr. Chaker regarding my own First Amendment violations as well as numerous other violations in my case, I was enlightened further about our inherent rights.  See Below

“Rights might be inherent, but ideas need to be taught.” Maida Buckley, retired classroom teacher in Fairbanks, Alaska

Image courtesy of Pixabay

Focusing on the First Amendment issue,  I see a few flaws in Condition 2 preventing referencing to specific people in social media:  Case No. 19HA-CR-15-4227

What if you want to criticize the police/DA, the judicial process, etc but cannot even reference to your case since it makes reference to the names of the people you cannot make reference to? Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government because criticism of government is at the very center of the constitutionally protected area of free discussion. Chaker v. Crogan, 428 F.3d 1215, 1217, 2005 U.S. App. LEXIS 23728, *1, 33 Media L. Rep. 2569 (9th Cir. Cal. 2005)​ Yes that is my first First Amendment case where I overruled the California Supreme Court. See also, https://www.scribd.com/document/3698825/Press-Release-CAL-SUPREME-COURT-Reversed-by-Chaker-v-Crogan

Additionally, you have a First Amendment right to re-distribute information contained in a public record.

     Preventing Blogging is Not a Governmental Interest.

For government to regulate speech, it must be “integral to criminal conduct.” United States v. Meredith, 685 F.3d 814, 819, 2012 U.S. App. LEXIS 13012, 7, 2012-2 U.S. Tax Cas. (CCH) P50,421, 110 A.F.T.R.2d (RIA) 5157 (9th Cir. Cal. 2012) Typically, restriction of speech concerns a gang member not associating with other gang member; a child pornographer being monitored or restricted from the internet, defendant not speaking to victims, etc. The only nontypical First Amendment challenge relates to a defendant speaking or writing about the unconstitutionality of tax laws and was reversed, but prohibiting advocating tax evasion was affirmed. Speech is presumptively protected by the First Amendment. The burden is on the government to show that a defendant’s website is within one of the narrow categories of unprotected speech. United States v. Carmichael, 326 F. Supp. 2d 1267, 1270, 2004 U.S. Dist. LEXIS 13675, 1 (M.D. Ala. 2004) The Government would in its burden as it did not prove the speech at issue would be outside the scope of the First Amendment.

Suppressing speech rarely is justified by an interest in deterring criminal conduct, and in any event the justification “must be ‘far stronger than mere speculation about serious harms”’ and supported by “empirical evidence” Barnicki v. Vopper, 532 U.S 514, 530-32, 121 S.Ct 1753, 1763-64, 149 L Ed 2d 787 (2001) (citing U.S v. Treasury Employees, 513 U S 454, 475 (1995))  

Protecting Reputation is Not a Government Interest.

If the Government were to say, ‘the families have been through enough and do not want to cause embarrassment or harm to there reputation’ – such would not be a proper Governmental interest. Specifically, protecting ones reputation is not a governmental function unless it violates criminal law.  United v. Alvarez, 617 F. 3d 1198. (Stolen Valor Act held unconstitutional) “At issue here is the First Amendment exception that allows the government to regulate speech that is integral to criminal conduct. . . .” Id. at 819-20. United States v. Osinger, 753 F.3d 939, 946, 2014 U.S. App. LEXIS 10377, 17-20, 2014 WL 2498131 (9th Cir. Cal. 2014)

Further, you have the right to attack people if you believe such behavior was unethical. See Wait v. Beck’s N. Am., Inc., 241 F. Supp. 2d 172, 183 (N.D.N.Y. 2003) (“[A s]tatement[] that someone has acted . . . unethically generally [is] constitutionally protected statements of opinion.”); Biro, 883 F. Supp. 2d at 463 (“[T]he use of the terms ‘shyster,’ ‘conman,’ and finding an ‘easy mark’ is the type of ‘rhetorical hyperbole’ and ‘imaginative expression’ that is typically understood as a statement of opinion.” (quoting Milkovich, 497 U.S. at 20)).

 Loss of Privacy Due to High Profile Case.

Also, due to all of the publicity in the case, it is likely the names you cannot blog about are deemed public figures. Public figures are entitled to less protection against defamation and invasion of privacy than are private figures with respect to the publication of false information about them. Carafano v. Metrosplash, Inc., 207 F. Supp. 2d 1055, 1059, 2002 U.S. Dist. LEXIS 10614, 1, 30 Media L. Rep. 1577 (C.D. Cal. 2002)

         

Purpose of Probation is to Rehabilitate and Prevent Future Criminal Conduct, Blogging is Neither.

Consideration of three factors is required to determine whether a reasonable relationship exists: (1) the purposes sought to be served by probation; (2) the extent to which constitutional rights enjoyed by law-abiding citizens should be accorded to probationers; and (3) the legitimate needs of law enforcement. (Citation omitted.) United States v. Pierce, 561 F.2d 735, 739 (9th Cir. 1977). United States v. Lowe, 654 F.2d 562, 567, 1981 U.S. App. LEXIS 18287, 11 (9th Cir. Wash. 1981) See also, United States v. T.M., 330 F.3d 1235, 1240 (9th Cir. 2003) (“The conditions imposed run afoul of the supervised release statute because there is no reasonable relationship between them and either deterrence, public protection or rehabilitation.”)


“The Minnesota legislature delegated the authority to prosecute criminal matters to the county attorney, who was elected by the voters of that county.”

But, according to the Minnesota Attorney General’s website, the office does sometimes get involved in criminal matters:

The Dahlens have pled guilty in an associated case for their role xx xxxxxx xxxxxxxx xxx xxxxxx, while another defendant, Dede Evavold, was found guilty as well. Inexplicably, Judge Karen Asphaug presided over all four cases.

A message left with the Minnesota Attorney General’s Office concerning the current legal situation was left unreturned. An email to Laura Flanders was also left unreturned and an email left with the Minnesota Attorney General’s Office was also left unreturned. The current Minnesota Attorney General is Democrat Lori Swanson, and she has held that position since 2007.


Excerpts from The “Justice” blog authored by an anonymous group of concerned citizens.
The Attorney General’s Office has been receiving documentation concerning the XXXXXXXXXXXXXX case for over 5 years and has refused to investigate or take any action in the face of serious allegations, and evidence, showing corruption in local government and law enforcement. However, when opposing President Trump’s immigrant order, Lori Swanson said “It does not pass constitutional muster, is inconsistent with our history as a nation, and undermines our national security.” The same can be said for Dakota County; yet instead of taking a public stance on a very real concern that affects not only the XXXXXXXXXXXXXX family but the entire state of Minnesota, and possibly tens of thousands of families victimized by an out of control court system, Swanson remains silent. Now is a time for leadership, not silence.

Another article written by Michael Volpe on indicates that other MN citizens have encountered the same type of cover-up by the MN Attorney General’s Office.
Excerpts Below:
The tact does not surprise John Hentges, another parent battling court officials on behalf of his children and suffering from disingenuous actions by the court, who told CDN that rather than representing the people of Minnesota the office covers up and represents the corrupt public officials.

“I reported the corruption to her (Lori Swanson, Minnesota Attorney General) and to the governor and to the Minnesota Chief Justice of the Supreme Court.” Hentges.

Hentges said he spent time in jail for failure to pay child support for a bill which had already been paid in another state and his trials in the Minnesota Justice System opened his eyes.

“I found several other things they were doing in the criminal justice system.” Hentges said. “I firmly believe that nearly every single case in the 1st Judicial District is fixed in one way or another.”

 

THE FIX

August 01, 2016  Sandra Grazzini-Rucki story/The Fix.   Podcasts: Archived programs

 August 01, 2016  Sandra Grazzini-Rucki story/The Fix

http://www.ustream.tv/channel/22387094

 

Female Misogynists

Florida Judge Sanctioned, Ordered to Take Anger Management Classes After Jailing Abuse Victim 

Welcome to Big Time Small-Time Dicks, a regular column on The Slot that explores local politicians, small-town scandals, and everything else making life miserable on a local level. Know a small time person who is a big time dick we should feature? Email us.

A Florida judge who jailed a crying survivor of domestic abuse is being sanctioned by the state Supreme Court. Seminole County Judge Jerri Collins jailed the woman for three days last summer after brutally berating her in court, telling her, “You think you’re going to have anxiety now? You haven’t even seen anxiety.”

Collins jailed the woman for contempt after she failed to appear to testify against her attacker, the father of the woman’s one-year-old child. The woman told police that the man choked her, threatened her with a knife and ground his thumbs into her eyes. But the woman didn’t appear in court to testify; when compelled to appear, Collins berated her at length:

Continue:: http://theslot.jezebel.com/florida-judge-sanctioned-ordered-to-take-anger-managem-1783343576

Grazzini-Rucki Children

2016/07/07 Sandra Grazzini-Rucki Children

SpeechlessMN SpeechlessMN

Tim discusses the case of the Sandra Grazzini-Rucki Children with Lynn Maris, Family Court Advocate

Fathers Day to the Nth Degree

Ad Council

U.S. Department of Health and Human Services’ Administration for Children and Families, Office of Family Assistance, National Responsible Fatherhood Clearinghouse and Ad Council Show Fathers the Critical Role They Play in Their Child’s Life
This 2010 Initiative is an example of how we are being polarized by the gender wars the family court system promotes. It’s also another example of government seeking to pursue an agenda of divide and conquer: If parents and other groups are kept in constant conflict, the attention is taken off the government entities that are robbing us blind through taxation.  Millions of dollars in funds are handed over to the States by the Department of Health and Human Services to family court connected nonprofits and GRANT DOLLARS = TAXPAYER DOLLARS! Continue reading about the HHS, National Responsible Fatherhood Clearinghouse and Ad Council campaign below:

New Public Service Advertisements Inspire Fatherhood Involvement

Washington DC, October 18, 2010 /PRNewswire/ — Nine out of ten parents believe there is a “father absence crisis” in America, according to two national surveys by the National Fatherhood Initiative. To inspire fathers to become more involved in the lives of their children, the U.S. Department of Health and Human Services’ Administration for Children and Families, Office of Family Assistance, the National Responsible Fatherhood Clearinghouse (NRFC) and The Advertising Council are launching a new series of public service advertisements (PSAs).  (Do we really need government telling fathers to become more involved in their children’s lives and more importantly, do taxpayers need to pay for it?)

“These new PSAs continue the National Responsible Fatherhood Clearinghouse’s tradition of delivering messages that inspire dads to give their children what they need to succeed: their time,” said Roland C. Warren, Media Campaign Director of the National Responsible Fatherhood Clearinghouse.

Created pro bono by C-E (Campbell-Ewald), the new TV, outdoor and Web PSAs emphasize to fathers that “the smallest moments can have the biggest impact on a child’s life.” The PSAs conclude with the campaign tagline, “Take time to be a dad today” and direct fathers to visit www.fatherhood.gov or call 1-877-4DAD411 for parenting tips, fatherhood programs and additional resources for fathers.

“We are proud to continue our work with the Department of Health and Human Services on this campaign that is helping fathers recognize the critical role they play in their children’s lives,” said Peggy Conlon, president & CEO of the Ad Council. “These lighthearted and touching PSAs will demonstrate to all fathers that the time they spend with their children can make a significant impact on their lives.”

“It has been our privilege to be a part of this worthwhile endeavor,” Bill Ludwig, chairman and CEO of Campbell-Ewald said. “We want to inspire a new commitment of active fatherhood with an engaging message to fathers that even the smallest moments can have the biggest impact on a child’s life, while capturing the hearts of viewers everywhere.”     (Give me a break!!!)

Health and Human Services

Through HHS, the federal government supports responsible fatherhood in diverse ways. Because engaged fathers strengthen families and contribute to healthy outcomes for children, many HHS programs integrate support for fathers. These include Head Start, child support programs, and Temporary Assistance for Needy Families. HHS also supports programs that focus on responsible fatherhood, such as the Promoting Responsible Fatherhood grant program administered by the Office of Family Assistance.

National Responsible Fatherhood Clearinghouse

The National Responsible Fatherhood Clearinghouse (NRFC) is funded by the Administration for Children and Families’ Office of Family Assistance’s (OFA) efforts to assist States and communities in promoting and supporting Responsible Fatherhood. Primarily a tool for professionals operating Responsible Fatherhood programs, the NRFC provides access to print and electronic publications, timely information on fatherhood issues, and targeted resources that support OFA-funded Responsible Fatherhood grantees. The NRFC Website also provides essential information for other audiences interested in fatherhood issues. The address for the NRFC website is www.fatherhood.gov.

The Advertising Council

The Ad Council is a non-profit organization with a rich history of marshalling volunteer talent from the advertising and media industries to deliver critical messages to the American public. Having produced literally thousands of PSA campaigns addressing the most pressing social issues of the day, the Ad Council has effected, and continues to effect, tremendous positive change by raising awareness, inspiring action, and saving lives. To learn more about the Ad Council and its campaigns, visit www.adcouncil.org.

_____________________________________________________________________________


Don’t get me wrong, I’m all about the critical role fathers play in their children’s lives. What I don’t support is the role abusive fathers play in their children’s lives. I also have a problem with federally funded HHS grants that incentivize conflict for profit and the promotion of one gender over another.

The narrative that’s been pushed is that fatherlessness is THEE cause of poverty and the root of all social ills in society. Remember though. . .The issue is never the issue. An issue is only used if it furthers the cause of tyranny.

Marriage: America’s Greatest Weapon Against Child Poverty

The National Fatherhood Initiative (NFI), was founded in 1994, to “lead a society-wide movement to confront the problem of father absence”.  In 1995, former President Clinton issued executive orders that directed federal agencies to review and “modify” all family programs and initiatives serving primarily mothers and children, to include fathers and “strengthen their involvement” with children.

Welfare Reform 1996, drastically changed the way the federal government provided aid to needy families. This legislation stipulated that three out of the four purposes of the Temporary Assistance for Needy Families (TANF) program created by the reform either directly or indirectly promote “responsible fatherhood” and “healthy marriages”.

In essence, the courts have been weaponized to destroy families and If we want to stop child abuse, we need to stop the systems that allow for money-laundering and gender-based funding incentives.  America is being destroyed while we engage in secondary issues which serve to divide us. Mothers and fathers are both being duped by the courts and we need to join forces to oppose the corruption in the systems and not each other. Government by private nonprofit is not part of the US Constitution.

_____________________________________________________________________________

Below are further examples of federal initiatives related to fatherhood

Fathers Supporting Breastfeeding: The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides educational messages to highlight the advantages of breastfeeding and how fathers can play a critical role in promoting the healthy development of their children and in strengthening family bonds. The WIC program also allows fathers to receive nutrition education, counseling, and referral services on behalf of their children.

Non-profit photographs men in breastfeeding  poses to raise awareness

Fatherhood Buzz: This Department of Health and Human Services, Administration for Children and Families, Office of Family Assistance initiative, through the National Responsible Fatherhood Clearinghouse, reaches out to dads with positive information through their barbers and barbershops.

Reconnecting Homeless Veterans with Their Children: This initiative of the U.S. Department of Veterans Affairs and Department of Health and Human Services, along with the American Bar Association, helps homeless veterans gain permanent housing, assist them with child support obligations, and connect them with programs that offer employment and supportive services

.Transitional Jobs for Non-Custodial Parents: This Department of Labor grant program supports local efforts to prepare unemployed non-custodial parents for work through transitional employment, while assisting them to gain unsubsidized employment intended to promote family engagement and long-term self-sufficiency.

Building Assets for Fathers and Families: As part of a wider Department of Health and Human Services initiative to extend the benefits of financial education to individuals and families with young children, the Office of Child Support Enforcement (OCSE) has provided seven three-year demonstration grants to encourage non-custodial parents to establish savings accounts and access other services to increase financial stability.

National Child Support Non-Custodial Parent Demonstration Projects: OCSE has provided five-year grants to eight states to link non-custodial parents with employment services.

The Office of Planning, Research and Evaluation in the Department of Health and Human Services, Administration for Children and Families, has a number of ongoing research projects focused on the implementation and impact of fatherhood programs. Two recent projects are the Ex-Prisoner Reentry Strategies Study, being conducted by the Urban Institute to document program implementation funded under the FY 2011 Community-Centered Responsible Fatherhood Ex-Prisoner Reentry Pilot Project grant announcement, and the Parents and Children Together (PACT) Evaluation, which is a formative evaluation being conducted by Mathematica Policy Research to document and provide initial assessment of selected Responsible Fatherhood and Healthy Marriage grantees.

 

Investigative Reports on Grazzini-Rucki Case

Rucki girls would “suffer physical, sexual, and emotional abuse if returned to their father.”

Abuse of Power in Grazzini-Rucki Case

Blogtalkradio TS Radio: Mike Volpe reports on the Rucki divorce/custody case | The PPJ Gazette

Hosted by Marti Oakley  Follow

M. Volpe

Click to listen to podcast:

http://www.blogtalkradio.com/marti-oakley/2016/05/23/ts-radio-mike-volpe-reports-on-the-rucki-divorcecustody-case

__________________________________________

Mike Volpe joins the show to report on the Rucki divorce/custody case here in Minnesota.  After an April 8, 2016 on 20/20, where Sandra Grazzini-Rucki was interviewed, it is uncertain what the actual situation is.  Why didn’t the court respect the wishes of the girls allowing them to live with their mother?  Why did the court give custody to the father who had a history of abusive behavior, documented in police reports?

“Despite his history, David Rucki currently has sole custody of their five children; Sandra Grazzini-Rucki last saw her children in early 2013 and she is scheduled to go on trial for parental interference for her alleged role in her two daughters’ more than two-year disappearance.

The Rucki family came to the attention of the media when the two oldest daughters ran away on April 19, 2013, after their pleas to live with their mother were shut down repeatedly by the court.

They remained missing until November 2015, when U.S. marshals discovered them on a farm in Herman, Minnesota”

Read more at  http://www.commdiginews.com/news-2/police-reports-paint-disturbing-minnesota-family-court-picture-62949/

%d bloggers like this: