How broad is the First Amendment?

According to Milkovich, 497 U.S. 1, 20; 110 S.Ct. 2695, 111 L.Ed.2d 1 (1990):

The first Amendment protects statement on matters of public concern that are not provably false.

BUT the legal standard the ARDC is using in my complaint is:  the (false) statements must have been made knowing they were false, or with a reckless disregard as to whether or or not they were true or false.

That’s a fairly amazing standard concerning the fact that the missing gold, the antics of the GAL’s and all the statements made in my ARDC complaint against me have been verified over and over by GJS and her family as being true and accurate.  Not just one family member, but several knew about the gold coins not being inventoried, several or most know about the cash in the mattress uninventoried.

But what have the GAL’s told the court over and over?  These were figments of GJS’s imagination.

After the defendant brings up the defense of “substantial truth” to the statements, then the burden shifts to the plaintiff to show the statements are false.

This has not been done in the Sykes case, the Tyler case, the Wyman case, etc.

3 thoughts on “How broad is the First Amendment?

  1. Thanks JoAnne

    Thanks Carol

    iPhone

    Nlv

    On Feb 3, 2013, at 9:36 AM, marygsykes wrote:

    > > Respond to this post by replying above this line > New post on marygsykes > > > Is Atty Leah Black stopping the probate blogs from calling for an investigsation? > by jmdenison > It is clearly a resounding NO! > > see an email I received today and please help in any manner that you can. > > We have to keep on the authorities until our elders are not isolated, hospitalized without information and access by the family, and they are protected. > > see below. just another email that will make the ARDC attys trying to shut this down weep and wet their panties today. and it’s not me–I am just the messenger. > > Re: Urgent – need Everone to write a brief one page email to Cuyohoga county Commissioner Ed Fitsgerald and Ohio Disability rights before Monday 8 am > OMGDS–scurrilous behavior that LB would stop–citizens writing to news papers and authorities asking for an investigation of something amiss in probate? > > do you think she would start crying or wet her pants if she found out it happens all the time on all the major probate blogs and you and I spreading the word to do this for the sykes case is de regieur for the field of endeavor? > > —–Forwarded Message—– > >From: jcp > >Sent: Feb 3, 2013 8:11 AM > >To: Nancy Vallone , helpelders , Guardian Abuse , GLORIA Jean SYKES , C Monday News , Nasga , Nasga , Nasga , Nasga , Nasga , Nasga , Nasga , Warrior Mom aPSI , Stop Apsi , krwrosanna@hotmail.com > >Subject: Re: Urgent – need Everone to write a brief one page email to Cuyohoga county Commissioner Ed Fitsgerald and Ohio Disability rights before Monday 8 am > > > >Nancy, > > > >If all goes well with my brother, I will be contacting the major networks. > >Previously I have heard from one major network, but it is not clear what > >they need. I had contacted various local stations within a two-three hour > >radius, but this was a “dead end”. It will probably be the latter part of > >next week and I will see what kind of responses I receive. I have also > >been given a lead to a TV station in Indianapolis. > > > >I am working on your letter, but have to leave and will finish this up when > >I return in the middle of the week (unless I can’t get down the highway this > >morning). > > > >Stay strong, > >Carol > > > >

    • Gives new meaning to the song–Hope I die, before I get old, talking ’bout my generation–the Who.

      I wonder if saying that was a bar complaint.

      One thing I pointed out today was, after 15,000 views, 200+ posts, not a single complaint on the blog from any of you, the readers, but somehow the ARDC thinks they need to file a 10 page complaint about some of my funniest and most ridiculous blog posts.

      amazing, utterly amazing.

      joanne

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