Minnesota Appellate Upholds Free Speech Rights of Bloggers – Is Evavold Protected?

In a historic ruling from 2012, the Minnesota Appellate Court upholds the free speech rights of bloggers, rules that bloggers cannot be held liable for publishing true statements…

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How will this ruling bear on the case of Dede Evavold, who faces both a HRO hearing and a probation violation hearing, in relation to her blog “Red Herring Alert”. Evavold has even been held liable for true statements, which include multiple sources to verify their authenticity, which she did not personally make but were posted on her blog. “Red Herring Alert” includes articles from multiple authors and sources.

Blogger Dede Evavold has been slapped with a fraudulent HRO and faces jail time for publishing a blog, “Red Herring Alert”, after being banned by Judge Karen Asphaug, Dakota County, from mentioning the Grazzini-Rucki case for the next 8 years as a condition of probation.

Evavold was convicted of felony parental deprivation for her role in assisting two teenage sisters who ran away after a family court in Dakota County, presided over by Judge David L Knutson, failed to protect them from physical, emotional and sexual abuse. The father accused of abuse is wealthy and well-connected, and has been shown special treatment by both Judge Knutson and Judge Asphaug – who both, presided over previous criminal trials involving him. (See: Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?)

While Dakota County has branded Evavold as a “criminal”, may say she is a hero for her efforts to protect these children who vowed that they “would run away with or without help” after raising dozens of abuse allegations, and even speaking personally to Judge Knutson, that all went ignored. (See: The court created horror of the five Rucki children) The girls were called “liars” by the Guardian ad Litem, and accused by the court appointed therapist of being “brainwashed” despite the father’s lengthy criminal history, numerous police reports, HROs, and witness statements that attested to his propensity towards violence. (See: The definitive dossier documenting David Rucki’s violence: 99 pages of police reports, orders for protection, letters, affidavits, and more…)

(Judge Karen Asphaug, Judge David L Knutson)

 

Through blogging, Evavold has continued to raise awareness, and bring attention to, systemic injustices and corruption occurring across America’s political system today; and the devastating effect on individuals, families and children. As a wife and mother, Evavold feels a strong purpose in blogging – to inspire needed change so that this world can become a better place, and justice will be restored, not just for her family but for all future generations.

Just as egregious is the message being sent to abused children everywhere by Judge Karen Asphaug in this ridiculous condition of probation, and related charges, against Evavold and her free speech rightsA clear message is being sent to children, and victims of abuse, to remain silent because you will not be believed, and the system will not protect you but, instead, protect the perpetrator. The Grazzini-Rucki case has set a horrifying precedent, that, if you are a child who speaks out abuse in Dakota County, or reports abuse to the family court, police, social workers, therapists as these children did… you risk being called a “liar” and accused of being “brainwashed”. Social services and the court system will then force the child to “reunify” with the perpetrator against their wishes, despite their cries for help, and to the detriment of their safety, which is also what happened to these abused children – who now reside in the sole custody of the identified abuser.

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Will the Courts of Dakota County recognize Evavold’s Constitutional protections, and the precedent set by the Appellate, or strike a blow against freedom of speech?

 Stay tuned to “Red Herring Alert” for updates on Evavold’s shocking case, that will have far-reaching implications, and especially for writers and bloggers everywhere.

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THE JOHNNY NORTHSIDE LAWSUIT – “THE BLOGOSPHERE TRIAL OF THE CENTURY” AND BLOGGER’S RIGHTS

(August 20, 2012) In a 2012 defamation lawsuit against John Hoff, who publishes the blog “The Adventures of Johnny Northside”, the Minnesota Appellate Court, overturned a judgment issued against Hoff in defense of his 1st Amendment right to free speech.

A three-member panel of the Minnesota Court of Appeals overturned a $60,000 award for damages against Hoff.

Judge Jill Flaskamp Holbrook, appointed to that panel, stated in her decision that “Hoff’s blog post is the kind of speech that the First Amendment is designed to protect. He was publishing information about a public figure that he believed was true (and that the jury determined was not false) and that involved an issue of public concern . . . Attaching liability to this speech would infringe on Hoff’s First Amendment rights.

The lawsuit resulted after Hoff exposed Jerry Moore as being involved in a high-profile mortgage fraud case, and accused him of various misdeeds. At the time of the blog post. Moore worked at the University of Minnesota Urban Research and Outreach/Engagement Center, where his job was to study mortgage foreclosures. Moore was fired from his job the day after Hoff’s post. Moore then filed a lawsuit for financial damages against Hoff for two counts of tortious interference – meaning he was fired because of the blog. Hoff said he told the truth and had documentation to back up his claims.

The Court of Appeals reversed the jury’s decision, saying that Hoff can’t be sued for publishing statements that are true. The Court also found that there wasn’t evidence that there was anything besides Hoff’s protected speech that interfered with Moore’s contract.

Hoff declared his trial to be the “Blogosphere Trial of the Century”. Johnny Northside’s blog retired in June 2015, but archives can still be read online. The MisAdventures of Johnny Northside

More Info:

Justice Delayed But Not Denied – Appellate Court Overturns $60K Verdict Against Blogger for Posting “Not False” Information

Minnesota Court of Appeals: Johnny Northside blog IS protected by First Amendment

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Continued Lawlessness

Learn More:
“Dangerous State of Justice” Executive Summary
Minnesota’s Decriminalization of Child Sexual Exploitation
Examples in the News Now
To read or download full report, click on cover image
Check back for new links and information

NEWS RELEASE

Tuesday November 29, 2016
New Report Examines Minnesota’s “Dangerous State of Justice”
Most Child Predators Get Probation, Child Pornography Decriminalized

(MINNESOTA) Minnesota courts are granting probation for most sexual assaults on children and have virtually decriminalized trafficking in child pornography, according to a report just released by the National Association to Protect Children (PROTECT).

PROTECT’s 45-page report, “Dangerous State of Justice,” found that 65% of all offenders convicted of felony sexual assault against children (Criminal Sexual Conduct 1-4) never see a day in prison. In those crimes, 90% of victims are girls and 40% are under age 13.

“When a Stanford student got probation for raping a woman earlier this year, the nation erupted in outrage,” said J. Christian, CEO of PROTECT. “Yet, behind these Minnesota numbers are hundreds of similar cases, where judges gave rapists probation for attacks on children.”

The report also examines the Minnesota Incest Loophole, which allows judges to grant probation instead of prison for the most serious sexual assaults against children if the court deems it to be in the best interest of “the family unit.”

Perhaps the most shocking finding, says PROTECT, is that Minnesota’s sentencing guidelines have decriminalized trafficking of video and photographs of children being raped, tortured and sexually displayed. A review of 909 cases from 2001-2014 found that 90% of those convicted of possession and distribution of child abuse imagery (child pornography) were given probation.

“Dangerous State of Justice” lists sentencing patterns of specific Minnesota judges, details the state’s outrageous sentencing guidelines, and discusses problems with how child protective services responds to public reports of child maltreatment. It also makes 19 specific recommendations for legislative action.

“These judges haven’t gone rogue,” said Grier Weeks of PROTECT, one of the report’s authors. “Tolerance for sexual violence is deeply embedded in the Minnesota justice system. But it is deeply hypocritical to decry sexual violence and exploitation then treat it like a trivial crime.”

PROTECT is urging Minnesotans to ask their state representatives and senators to read the report and take action.

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Below are the two judges that have been involved in my case no. 19HA-CR-15-4227.  

What’s interesting is that I have received a probation violation for discussing my own case on social media ( a major free speech violation). My hearing is scheduled for September 28th, 2017. The recommendation is that the stay of execution be vacated and I would serve the remainder of my sentence, (4 more months in jail). As you’ll see in the documents below, Judge Knutson and Judge Asphaug gave a higher percentage of probation vs. prison time to criminal sexual assailants of children.

So, the bottom line is that you will get more time for protecting children than abusing them.

Give these Judges a call and ask them for an explanation of their sentencing decisions and if it’s normal procedure to give a harsher sentence to those that protect children vs. assaulting children.

Judge Karen Asphaug
Judge Karen Asphaug                                                    

Assistant Chief Judge David L. Knutson

Assistant Chief Judge David L. Knutson

 

 

NOTICE OF OBJECTIŌNE

The message is clear… shut up or we’re coming after you!!! You accept the status quo or we’ll find a way to get rid of you! Free speech be damned!

Are you going to stand up or are you going to cower? People need to forget their petty differences and come together to stop the erosion of our civil rights.

Florida Mom Julie Price Ordered by Judge to Shut her Blog and Stop Talking (Repost)

Yet another grieving mother was forced to stop talking, in an effort to mask the continuation of abuse in the Family Courts. This court order by a family court judge violating her constitutional right to Freedom of Speech, was in response to the Naples News highlighted the story of Julie Price.

The Naples News, in their story, told about alarming details from the court file and the felony child abuses charges being faced by her former husband in regards to hog tying Julies daughter to a bed, for which Jon Parrish admitted to.

Just like other courageous mothers all over the United States, Julie created a blog to expressing her right to freedom of speech. On August 4, 2011 the trial court of Judge Brodie told Julie to take down the blog. During the hearing, the judge was not concerned that the former Husband was non-compliant with court orders, and then admonished Julie for her blog, which only expressed her concern for the safety and well being of her daughters and how the “court appointed” experts were handling her case. These “experts” were named, causing alarm to the courts and their cronies, concerned about exposure to the illegal practices.

One wonders, when will justice prevail for Julie Price, her children and all of America’s children involved in the child-custody visitation scandal cases happening all over the US….”

Read Full Story: Florida Mom Julie Price Ordered by Judge to Shut her Blog and Stop Talking

Bloggers Have Same First Amendment Protections as Traditional Journalists – HRO vs Evavold Should Be Dismissed

This ruling should be a clear reminder to misguided attorneys, corporations, developers or those with affluence to cease bullying or intimidating those who report the issues of the day.” ~ Choon James

The purpose of the free press clause of the First Amendment was to keep an eye on people in power and maintain a check on corruption.

Given the cutbacks in traditional media, bloggers have taken up the slack, serving as watchdogs — with attitude…Yet we still see an uninformed attitude from some lawmakers and judges who seem not to understand that digital and social media deserve the same respect as newspapers, magazines and broadcasters. ” ~ Ken Paulson, USA Today: Bloggers have rights, too: Column

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The Crystal Cox lawsuit is a landmark court case that defines, and upholds, the 1st Amendment protections of bloggers.. and is relevant when considering the recent HRO issued against Dede Evavold – blogging is an exercise of protected speech and does NOT constitute ‘harassment’!

Judge Karen Asphaug violated the 1st Amendment Rights of Dede Evavold by issuing a harassment restraining order against her that constrains, and censors, her exercise of free speech. A court cannot issue an order that violates the Constitutional rights of a party; as such the HRO issued by Judge Asphaug is void and should be immediately dismissed.

Dede writes about the HRO: “Most of you are aware of the fact that I was maliciously prosecuted and falsely convicted in the State of Minnesota vs Deirdre Evavold Case No.19HA-CR-15-4227.

There were several conditions beyond state sentencing guidelines imposed on me. However, the one condition that numerous attorneys and rank and file citizens are most amazed by is the restriction on my first amendment right to free speech (Judge Asphaug ordered that I may NOT reference the family involved in this case  on any social media)

As previously reported, I filed a witness tampering complaint against the petitioner in 2016. I had received a harassing and threatening extortion letter from petitioner’s attorney to intimidate me into deleting this blog and coerce me into changing not only my plea but to coerce me into changing my testimony in Sandra’s case. Also,  petitioner coerced and intimidated his daughter into recanting her testimony which led to the addition of 4 more felony charges against me.

Once again, the petitioner is violating the law by: retaliating against a person who was summoned as a witnes..”  For more info on the Evavold HRO please read: When We Lose Free Speech-We Lose Everything

CONSIDER THIS….

Court: Bloggers Have Same First Amendment Protections as Traditional Journalists

(Source: Slate, Daniel Politi, 1/18/2014)

“A blogger—and, really, the public at large—has the same protections for free speech in the United State as a traditional journalist and can only lose a defamation lawsuit on an issue of public concern if plaintiffs manage to prove negligence.

In a ruling that may come as a surprise to many bloggers who probably didn’t even realize this was even a question, the 9th U.S. Circuit Court of Appeals ordered a new trial for Crystal Cox, a blogger who had lost a defamation lawsuit in 2011 over a blog post that accused an Oregon bankruptcy trustee and Obsidian Finance Group of fraud, reports the Associated Press. A jury had awarded the plaintiffs $2.5 million.

 

To be precise, the Ninth Circuit concludes that all who speak to the public, whether or not they are members of the institutional press, are equally protected by the First Amendment,’ writes Eugene Volokh, who represented Cox.”

 

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Confirmed: Bloggers Have First Amendment Rights as Corporate Media

(Source: Huff Post, ‘The Blog’. Choon James, 1/24/2014)

“On January 17, 2014, the 9th U.S. Circuit Court of Appeals sided with Crystal L. Cox from Eureka, Montana who was sued by for defamation by Kevin Padrick, an attorney and his company – Obsidian Finance Group, LLC. Cox had written posts exposing fraud, corruption, money-laundering and so forth…
This ruling should be a clear reminder to misguided attorneys, corporations, developers or those with affluence to cease bullying or intimidating those who report the issues of the day.

Many concerned citizens have no choice but to create their own blogs and websites to level the playing field in this blossoming social media warfare.

The government has its plentiful public relations specialists, paid for by taxpayers. Corporations and special interests have their hired PR consultants. There are hired mercenaries who feel no qualms about spinning the facts. News media can be bought or controlled by big money or shut down.

It’s not uncommon for the public to read articles or watch the TV news only to lament the irregularities or inadequate reporting. Oftentimes, critical issues are shunned or ignored by corporate media because of entwined relationships.

Bloggers with information or have intimate experiences and understanding of issues are critically needed now, more than ever.

Blog away!”

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Court Says Bloggers are Journalists Too

(Source: Law Street, Anneliese Mahoney, 1/21/2014)

Last week, the 9th US Circuit Court of Appeals ruled that the same standards that apply to journalists in print media also apply to bloggers and anyone else. The Reporters Committee for Freedom of the Press member Gregg Leslie said, ‘it’s not a special right to the news media. So it’s a good thing for bloggers and citizen journalists and others.’

The case came from a Montana blogger named Crystal L. Cox….

The Court stated,

The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable.” They went on to cite cases in which individual speakers have been granted First Amendment rights, despite not being a part of the established press. For example, the First Amendment rights of authors have often been protected, regardless of their training, background, or affiliations.

This is very good news for anyone who has a blog or even a desire to post things in an individual capacity on their social network…”

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