From Lisa Nadig–court bloggers have same 1st Amend. Rights as mega media

http://www.usatoday.com/story/tech/2014/01/20/defamation-bloggers-supreme-court/4658295/

Court ruled that bloggers have First Amendment protection when sued for defamation

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GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.

“It’s not a special right to the news media,” he said. “So it’s a good thing for bloggers and citizen journalists and others.”

Crystal L. Cox, a blogger from Eureka, Mont., now living in Port Townshend, Wash., was sued for defamation by Bend attorney Kevin Padrick and his company, Obsidian Finance Group LLC, after she made posts on several websites she created accusing them of fraud, corruption, money-laundering and other illegal activities. The appeals court noted Padrick and Obsidian were hired by Summit Accommodators to advise them before filing for bankruptcy, and that the U.S. Bankruptcy Court later appointed Padrick trustee in the Chapter 11 case. The court added that Summit had defrauded investors in its real estate operations through a Ponzi scheme.

A jury in 2011 had awarded Padrick and Obsidian $2.5 million.

“Because Cox’s blog post addressed a matter of public concern, even assuming that Gertz is limited to such speech, the district court should have instructed the jury that it could not find Cox liable for defamation unless it found that she acted negligently,” judge Andrew D. Hurwitz wrote. “We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

The appeals court upheld rulings by the District Court that other posts by Cox were constitutionally protected opinion.

Though Cox acted as her own attorney, UCLA law professor Eugene Volokh, who had written an article on the issue, learned of her case and offered to represent her in an appeal. Volokh said such cases usually end up settled without trial, and it was rare for one to reach the federal appeals court level.

“It makes clear that bloggers have the same First Amendment rights as professional journalists,” he said. “There had been similar precedents before concerning advocacy groups, other writers and book authors. This follows a fairly well established chain of precedents. I believe it is the first federal appeals court level ruling that applies to bloggers.”

An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found “there was no dispute that the statements were false and defamatory.”

“Ms. Cox’s false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court’s decision,” wrote Steven M. Wilker.

From Joanne;

 

Now if we can only get the Illinois ARDC to find that attorney bloggers have the same rights to the First Amendment especially when discussing corruption in the courts, there will be finally a win for the State of Illinois.

Jerome Larkin, head of the ARDC does not want that though.  He refused to have the ARDC managing staff and lawyer publish their Ethics Reports under the Illinois Ethics Reporting Act of 2009.  He ran a kangaroo court for myself and Kenneth Ditkowsky when all we did was write hundreds of faxes, letters and blog posts to protest the fact that the Mary G Sykes case was wired, the Judges admitted it in various ways, Judge Stuart lied at my trial when at first she sad she never chained poor Gloria Sykes, the Protective younger daughter, and threaten her pets with euthanization. Eventually, as warned by this blog on May 23, 2015, Mary Sykes, age 95 was narcotized to death and her body has not been tox screened or autopsied, but the Cook County Coroner should do it ASAP.

We now have a list of 30 probate cases across the nation where seniors were subject to “target, isolate, drain the estate, narcotize to eliminate and then creamate (to destroy the witness and evidence”.

Jerome Larking and his staff of ARDC attorneys–Sharon Opryszek, Melissa Smart and Leah Guiterrez Black have all covered up the Mary G. Sykes case and others where seniors have been fleeced and narcotized to death.

Recently Morris Eformes and Son Phillip were indicted for $1 billion in Medicare/Medicaid and state health care fund fraud in Florida.

Jerome Larkin protected Illinois Atty Seth Gillman for TWO YEARS, while he prosecuted myself and Ken Ditkowsky for speaking out against this massive network of health care fraud and probate court fraud in Illinois.

Illinois citizens are demanding better government. We want people who engage in these crimes and cover ups to either be indicted or tested immediately for psychopathy with a PET brain scan and removed and delicensed.

It is psychopaths like these that destroy the very fabric and fiber of civilization leaving Illinois and Chicago and unsafe environment for disableds and senior citizens.

Joanne

see case decision here:  http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf

Elonis v. US–SCOTUS still stands firmly for free speech.

As many of you will recall, the defendant in this case was charged with a crime for posting rap music lyrics on his website, which apparently, people at his job, his ex wife and some others claimed were threats against them, because we all know how nice rap music is in terms of threatening messages.

https://drive.google.com/file/d/0B6FbJzwtHocwS0hsb3g3RHFxUUE/view?usp=sharing

But the US Supreme Court isn’t buying such a standard.  The Obama administration and others wanted to use the standard, would a reasonable person feel threatened from harm and present that to the jury.

SCOTUS said the key to these cases is whether or not the speaker intended harm and not the listener.  And, to top that off, there would have to be a showing of criminal intent, that is, did the speaker intend to commit the acts constituting a crime.

So while the SCOTUS is making sure that we aren’t dumping even more people in our for-profit jail/prison system for things that really don’t amount to crimes ( publishing lyrics to rap music and having people read them to feel threatened), we have Jerome Larkin and the ARDC going after Mr. Ditkowsky, Mr. Amu and myself for publishing the truth about probate.

Then they ban all the witnesses, many witnesses testify on my behalf, but apparently the Farenga, Stern, Schmeidel team is so tied in, their testimony gets a pass over the dozens of affidavits and actual horror stories from the victims themselves who have suffered on their behalf.

Due tot he Farenga, Stern, Schmeidel team, there was never any discovery in the Sykes case, the Gold coins still have not been found, nor has there been any discovery, Mary wanted to live in her home until she died, but they sold her home for some $200k in attorneys fees–all of which is shameful behavior and all of which Mr. Jerome Larkin, head of the Illinois ARDC wants to cover up.  It’s all the truth.  The probate courts shy away from opening investigations when they should, they divvy up cases and it’s seniors and disableds for cash.

Barbara Stone’s case is “seniors for cash”– with malicious harm to her mother which was never investigated properly.  Her mother is still in grave danger of death from drugs.

Please pray for all of the above persons.  I will soon start a prayer page for all the probate victims.

Please pray for Mary G. Sykes that she died in captivity and her Advanced Directives were totally ignored by the Court and Stern, Farenga and Schmeidel at the end.

JoAnne

Copy of Petition to SCOI for a Supervisory Order

Dear Ms. Farenga, Mr.Stern, Mr. Schmiedel,
Attached hereto is the Motion of attorney JoAnne Denison that was electronically filed by Ms. Denison (via my office) with the Illinois Supreme Court.
This Motion seeks in part that the Illinois Supreme Court order an investigation of the Elder Abuse/Financial Exploitation cases – such as the case of Mary Sykes in which sans jurisdiction a plenary guardian was appointed who is reported to not have inventoried a large number of gold coins and other valuables.
By the United States Postal Service  mail a copy of the document is being mailed to the ARDC as it is an interested party.
In the interests of justice and the interest of Mary Sykes and the other persons similarly affected, we invite you to join with us in requesting an HONEST complete and comprehensive investigation of the Sykes matter and in particular, the admitted lack of the service of the 14 day notices required by 755 ILCS 5/11a – 10.
Ken Ditkowsky

www.ditkowskylawoffice.com

From Ken Ditkowsky, as it was in 1961

From: kenneth ditkowsky
Sent: Feb 25, 2013 10:26 AM
To: JoAnne Denison , NASGA , probate sharks , yjd
Cc: states attorney , Cook Sheriff
Subject: Fw: Firing bad judges – NEWS: (Cook County) How clout keeps court cases secret

On November 28, 1961 I took the same oath that every lawyer in the State of Illinois is mandated to take.    A few days later I tried my first case in the Superior Court of Cook County and a couple of days later tried a case in the Circuit Court of Cook County.    In 1970 by the ‘blue ballot’ Constitutional convention the Superior Court merged with the Circuit Court.
The practice of law in 1961 -62 was quite different from what exists today.    Lawyers belonged to the same fraternity.    95% of us were friends and we had an interest in solving our client’s problems rather than churning their files and bankrupting them.    When a case came into the office, the lawyers discussed the case and determined what, if anything, could be agreed upon.  We then submitted the matters that were in issue to the Judge.   Most of the time the ‘Judge’ would cut to the heart of the issue and the matter would be further reduced in complexity.     The net result that except of very few cases trial and expense was avoided.     Oh, there were clients who would not settle for love or money, but, most of the lawyers could be said to have had an agreement to agree.    What we did not have was the ‘take no prisoners’ approach that exists today.
Yes, in 1961 were had corruption and some of it was blatant.    The perniciousness of the corruption was as bad as it is today; however, the big difference was that we did not have as many pious public officials and organizations fostering it.    When a court file was not open to the public, the lawyers, the judge, and everyone else knew that there was hanky/panky going on.     Most miscreants were not anxious to broadcast their “motion to fix.”     Most judges wanted no part in the ‘game’ and they acted accordingly.   There of course were a few who played the ‘game’ but the Chicago Daily News and the Chicago Tribune reporters made them very nervous.      A Sykes case as an example would have been addressed on day one – the guardian ad litem, assuming that they were innocent would have covered themselves with detailed reports to the Court.    As an example, Mr. Stern upon observing the extensive remodeling going on at the plenary guardian’s home would have reported this to the Judge and would have reported Ms. Gloria Sykes statement concerning that event.      The pending Motion for a Protective order filed by Mary Sykes would have disqualified the plenary guardian on day one, and 755 ILCS 5/11a – 10 would have been carefully observed.
Ms. Gloria Sykes reported the disappearance of the Court file in Sykes.    It has now reappeared – so there is hope that it is in the same condition that it was prior to its disappearance!
Mr. Mayor – thank you for forwarding the article.   Chicago is not ready for reform – we cannot even obtain an honest, complete and comprehensive investigation.   The two Chicago newspapers are apparently disinterested in the fact that senior citizens are being deprived of their liberty, their property, their civil rights and human rights right now in Chicago.     Mary Sykes has suffered for more than 3.5 years!
Ken Ditkowsky

www.ditkowskylawoffice.com

The First Amendment and Attys JoAnne Denison and Kenneth Ditkowsky

From: JoAnne M Denison <jdenison@surfree.com>
To: kenneth ditkowsky <kenditkowsky@yahoo.com>
Sent: Monday, February 25, 2013 9:11 AM
Subject: Re: The First Amendment and Attorney JoAnne Denison.

okay to publish?and many of these stories act as if these cases are MY grievances that I’m airing and they’re not. (Some of the news stories did get this wrong and said that I was petitioning for guardianship, when I was not, but many corrected that and said I only filed an appearance and then was disqualified because I notarized a document, and then a couple years later started the blog when the Sykes case drug on and was clearly without jurisdiction and then via the probate victims’ blogs I was finding a similar disturbing pattern of cases not following the Illinois Probate Act with large amounts of funds uninventoried, no jurisdiciton, etc.).
I am REPORTING these stories, I am calling for an INVESTIGATION by the authorities and by the ARDC because courts are acting without jurisdiction and the authorities are not investigating and they should.  The probate victims come to me AND you Ken and they wonder why they are not getting the basic forms of justice–due process, notice to all relatives so the court can be fully informed and appoint the best guardian, inventory of all assets and possible assets belonging to the estate.  Millions in about half a dozen cases reported directly to me are uninventoried and missing.  The family and legatees/heirs want to know why.

I am REPORTING on corruption in the Illinois courts so that it can be brought to light and eliminated.  The regular news does much of this.  Why not me?  Why not you?

Subject: The First Amendment and Attorney JoAnne Denison.

Ms. G___ S____ in an e-mail  furnished me with a list of some of the blogs that are carrying the JoAnne Denison story.    The attack unconstitutional attack on Ms. Denison’s First Amendment Rights by the Illinois ARDC is not unprecedented.   The First Amendment is often not held in high regard by government when it decides not to be transparent or decides to obviate the rights of a particular group of people.    Government with something to ‘hide’ or that is embarrassed by its own conduct is usually behind the miscreant conduct.   A review of the Mary Sykes case 09 P ____, pending in the Probate Division of the Circuit Court of Cook County  is clear in disclosing a quagmire of bad behavior by ‘judicial officials.’     In Sykes and in all of these situations, the victims are senior citizens, the disabled (with money) and their families.
It is our belief that the ARDC did not receive a mandate to suppress Attorney speech and therefore lacks jurisdiction.   The ARDC’s mandate comes from the Illinois Supreme Court and that Court is bound by the decisions of the United States Supreme Court.    The Alvarez, NY Times, et al decisions are clear in pointing out that ‘content’ based speech cannot be suppressed.    That is not to say that the same speech might under the right circumstances be subject to defamation suit, but government (including the ARDC) does not have standing to prevent the publication. l
In light of the history of Illinois and the 15+ judges who went to jail in the Greylord scandal and the number of Illinois high ranking political types that are in jail the ban on suppression of free speech is vital and a core basis of America.    The blogs who are reported to have carried the story are:
Ken Ditkowsky

The Stated Policy of the ARDC–DO NOT, and I repeat, DO NOT CALL FOR AN INVESTIGATION!

Yep, that’s it.  After Greylord and 2 Illinois governors sitting in club fed med, the ARDC is following along party lines and is telling both myself and Ken, go ahead, do what you want but never call for an investigation!  Senior are robbed, deprived of life, liberty,  property, forced to enter the worst and most dangerous nursing homes in the nation, BUT NEVER CALL FOR AN INVESTIGATION!

I don’t know about you, but that’s the lamest thing I have ever heard in my life. 

That’s what it is all boiling down to.  Apparently the ARDC is nothing but part of the official  CYA Illinois civil servant club.  They must have a lot of CYA in their computers and copiers, that’s all I’m saying.

So my 10 page complaint about censoring me and this blog, ignoring the relatives of Gore, Tyler, Bedin, Sykes, Wyman who are furious with the courts for probate abuse of their grandmas, are supposed to do just what?

In any case, Atty Ditkowsky and my ARDC cases march along.

See below:

From: kenneth ditkowsky
Sent: Feb 22, 2013 8:06 PM
To: Tim NASGA , NASGA , GL– , Steven D Schwartz
Subject: You are invited to join with us in our petition to the Illinois Supreme Court

On Tuesday I intend to file on behalf JoAnne Denison the Motion to the Illinois Supreme Court for an HONEST, complete and comprehensive examination of the “judicial officials” who the Illinois ARDC is protecting.    In Cook County the rogues gallery is believed to have at the top of the list such illuminaries as:   Miriam Solo, Peter Schmiedel, Adam Stern, Cynthia Farenga et al.
If you have been allegedly injured by any of the “judicial officials” you are invited to request that the Court give you leave to join with us, incorporate by reference and make part of your petition the JoAnne Denison motion so that you can request the Supreme Court of Illinois to require the Illinois ARDC to actually do its duty and protect the public from miscreants who are reported to have engaged (and are engaging) in a pattern of conduct designed and reasonably calculated to deprive senior citizens of their liberty and property.
As Gore has 1.5 million, Tyler approximately 8 million, and each of the other estates large sums of money there is a real incentive for at least the taxing authorities to be interested.    A breach of fiduciary relationship is a ‘taxable event.’   This generates ‘ordinary income.’   The failure to report the income is tax fraud.   A civil tax penalty of 50% plus interest at 5% can go a long way to provide the revenue that the president has been seeking.    In the Sykes case the United States of America should after all more than 3.5 years should have income taxes due it of at least a million dollars.    Aiding and abetting tax fraud is a criminal offense and accessories during the commission of the tax fraud bear the same responsibility as the person responsible.
I do not believe that the Supreme Court delegation to the IARDC was intended to include helping them fend off the victims, the families of victims and a few assorted attorneys (JoAnne and yours truly) who keep raising this point!    JoAnne and I both are under the impression that everyone is equal under the eyes of the law and therefore, law enforcement ought to conduct an investigation of Solo, Schmiedel, Stern, Farenga et al and determine who is correct in their assertions.   In Sykes as an example it is very clear that Farenga, and Stern were appointed by a Court that lacked jurisdiction – that is most troubling!    Mary Sykes therefore has been denied her rights and property for 3.5 years by a court that lacked jurisdiction.     If your loved senior is in a similar situation – the time is now to join with us.
Illinois does not need another Greylord or Son of Greylord.   Two governors, and a bunch of legislators in jail is enough.   If the Illinois ARDC does its job maybe we can have our judges in black robes and sitting on benches deciding disputes rather than in orange jumpsuits in prison cells.   Just a thought
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

What is the standard of the ARDC in free speech? Or, Where is my refrigerator for my Chilled Speech?

That is what I found in Ken’s case.  It was clear the ARDC panel thought that for a lawyer, the burden was on the lawyer to prove the statements were true by clear and convincing evidence and not the other way around.

The the ARDC brought in two miscreant, nefarious lawyers (according to NASGA’s “most wanted list”) who obviously lied through their teeth and said there was “nothing wrong” with the Sykes case.  Well, Sykes is on appeal.  I doubt that the appeals court would even come close to saying the appeal was frivolous, so are we lawyers all supposed to stand by and say nothing because that’s a safe position?  The ARDC won’t slam some time wasting 10 page complaint on our desks at the whim of the lawyers involved.

Think of the unfairness to the families.  They don’t want that.  They like my blog I have heard.

I think the ARDC is dragging everything out on Ken’s case and they might be doing that on mine too because if GJS wins on appeal, (which should happen hands down if the Ill. Ct. of Appeals does its job), we will both be vindicated we were in fact telling the truth about jurisdiction and the ARDC panel had bricks for brains.  I have the Wyman case too up on appeal, and that should be another case clearly lacking jurisdiction.

I believe therefore it will be up to the LAWYERS and the PUBLIC to demand that lawyers have the right to free speech and the ARDC will just have to DEAL WITH blogging.

I maintain a lawyer cannot blog and watch every word.  Further, what words are we prohibited from using?  What words should be “chilled” in put in the refrigerator?  What words and phrases must be frozen, never used and put in my freezer until hell obtains exactly the same temperature?  What do they want us to say?  And if the warm and cozy words and phrases they will accept and can be put by the fire are outrageous lies but it makes the ARDC attys feel warm, cooey and safe, what then?  Must we say them so we have something to say?

Monitoring speech and thought is not only near impossible, it is actually impossible.  SCOTUS knows that.  It’s clearly the slippery slope, the wedge with the edge, a falling star in a black hole.

What words, what phrases, what inferences?

The ARDC has not said.  In Ken’s trial, they seemed to not like the fact he was incessantly calling out for an investigation by the authorities.  Well, probably GJS was responsible for most of that, but still they never knew who was pounding Officer Pecks with 500 emails one weekend.  Ken clearly wanted to take the credit for that one, but I’m not sure.

Again, exactly how is the ARDC using its $450 annual lawyer fees and tax dollars to investigate and control.  SCOTUS says “there must be a problem to solve” if the state wants to control speech.  And, there must be a “clear solution.”  And finally both must be subject to “strict scrutiny” (which is actually saying “fat chance.”)  I see none of that here.  Just a whole lot of vague, unsolvable territory.  Sham proceedings.  Reverse standards of what Congress and SCOTUS has promulgated.

What solution can there possibly be in putting this blog into my freezer?

I can’t make ice cubes out of it, you know!