Wednesday, June 24, 2015

 
JERRY MCHALE WINS CONTEMPT MOTION AGAINST EX-WIFE
 
Order (Judicial Officer: Olvera, Rolando )
Order (Respondent's Motion for Summary Judgment is granted
 
The order was issued today.  Gag orders never work - especially when they are overbroad and vague.  It is axiomatic in U.S. Constitutional law prior restrain gag orders are unconstitutional.  The courts can use them to protect the integrity of a criminal trial if narrowly tailored.
 
But Jerry needs to remember - just because a gag order is not enforceable does not mean his speech cannot be used against him to limit his access to his son.  If a therapist were to find alienation of affection being caused by the speech or emotional distress, the court can limit access to the child to protect the child.  This is not prior restraint.
 
Remember we are free to speak, but equally responsible under the law for what we say.
 
Speech won today. 
 
Beyond taking a victory lap for speech Jerry, let it go.  Your writing is better without that anger.
 
JUDGE ROLANDO OLVERA
 
Well some may be curious why he is not yet sitting on the federal bench.  Just because you have been confirmed by the Senate does not mean you take the federal bench.  There is a transition process of about 2-3 months.  He will be there soon enough.
 
 

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