20 December 2005
Judge Hicks' legacy and the First Amendment:
NOTE: Hot off the presses, Judge Hicks's ruling of 15 Dec. 2005 -- mailed 19 Dec. -- does not restrict Plaintiff's right to post Deposition Transcript testimony -- unless it falls afoul of NH Evid. Rule 611(a)(3) to protect witnesses from harassment and undue embarassment. His Honor, on reflection and due consideration of the issues countenanced, made the Right Call. As such, as virtually nothing of the Depositions contains personal matter, I am going to post it at will:
"With Mr. King, I guess the adage is, if it's not prohibited, I'll put it up," said Attorney Bauer on 5 Dec. 2005.
"You bet," says King.
NH Hillsborough Superior Court Judge Gary Hicks has been tapped for the High Court. His Honor is twelve (12) years my senior, and my team believes that my case before him will help define his legacy as either unduly restrictive or in favor of a reasonable interpretation of the First Amendment.
Here's why: He has issued an ORDER prohibiting to this point (since 14 November) any posting of Deposition Transcripts in my Civil Case against Jaffrey NH Police Chief and NAACP leaders, and as noted in this 8 Dec. Post, "There is no privacy in a public courtroom," forbidden my team -- which has substantial professional press and media experience -- from taping courtroom proceedings, which we respectfully believe is a violation of the First Amendment. In open court (which unfortunately you can't see because we weren't granted access to roll camera), opposing counsel Charlie Bauer asked that His Honor read this blawg. I concur in full.
It will be interesting to see what happens if and when other people not associated with my team seek access to record what we believe to be a critical First Amendment case, as Jaffrey NH Police Chief Marty Dunn and local NAACP President Gloria Timmons got together to indict me the same day that I sent them an email noting the presence of this blawg in an crucial email bearing a subject line, "This will be the last time you throw me or any other nigga' under the bus." Read the "PPS" reference in this 19 Nov. '05 post.
"He makes you want to be a better attorney," was quoted in Ashley Smith's Nashua Telegraph piece today. He certainly has driven me to be the best litigant and blawgger I can be:
The Arizona High Court found a statute I am laboring under to be flat out Unconstitutional. And even Arizona passed an MLK Holiday before New Hampshire.
For more background into this matter, read yesterday's challenge to the NAACP/WMUR to open First Amendment discourse, and run "Faustian Bargain" as a search term on this blawg.
When you've finished with that, take a look at how the Attorney General's office tries to nail me for Unauthorized Practice of Law using tainted evidence in violation of the Best Evidence Rule.
I will be that spook who sat by the door. Funny, my Brother-in-Law is from Gary, where that book was set. He met author Sam Greenlee.