Nowhere to run, nowhere to hide!

And, this is Nuts!

DD

The Order Analyzed - probably violates First Amendment

decisions of the Supreme Court, if the defendants challenge it all the way, and it is a presumptively invalid prior restraint on freedom of expression, beside being vague and overbroad.

If you download and print out the full order you'll see these significant features:

1/ The Florida AG has been working with not only several Counties across the State, but now comments also that the feds were helping out. At least that probably means no additional non-tax federal charges in central Florida to worry about. (Miami is a whole different story.) The FBI probably provided tech assistance with the site, e-mails, bugs, wiretaps, financial records. etc.

2/ TBD must close down period, or post a $100,000 bond AND comply with three threatening, vague, and overbroad conditions.

(A)"not to communicate with, or link to any other site dealing in or offering to deal in illegal commercial sexual activity;"
(B) not to "set up any other website to be used for dealing in or offering to deal in illegal commercial sexual activity;" AND
(C) "not to facilitate any illegal commercial sexual activity."

I suppose some consider that a narrow order, but communicating and facilitating have First Amendment aspects that are being walked all over here.

If TBD violates any condition, he forfeits the $100,000 bond and is shut down. The Judge would make that determination on a preponderance of the evidence, not a jury, and not beyond a reasonable doubt.

One key expression is "illegal commercial sexual activity," in all of the conditons, but the lead-in verbs are too broad and arguably violative of the First Amendment.

The Order is intended to mean that TBD must drop his ads and links to any agencies or individual escorts. TBD must not set up a new alternate site of the same kind.

"Facilitate" is a very broad word, probably violative of the First Amendment since it can reach lots of pure information that does not incite or lead inexorably to illegal conduct.
Do reviews and postings "facilitate" illegal sex, or are they informational, with only intervening independent causes, if that, over which TBD has no control or even knowledge?

"Communicate with" also is overbroad because it further reaches First Amendment expressive activity that does not incite, urge, or inexorably lead to illegal conduct.

Amusingly, I cannot post this on TBD because I have criticized him in the past and seem to be persona non grata over there, where he personally has no respect for freedom of speech that disagrees with him. He has banned innumerable people in the last few years for criticizing him. LOL.

His lawyers, if savvy, should take quick emergency appeals to contest these restrictions on expressive communications. They go first to the Fla DCt of Appeal, then the Fla Supreme Court, then to the Circuit Justice for the Eleventh Circuit, Justice Anthony Kennedy, since the Supreme Court is in recess for the summer.
I've gone down that path several times in my career, but am now happily retired and just passing along thoughts.

Justice Kennedy wrote the 7-2 opinion of the Supreme Court this April striking down the CPPA [Child Pornography Prevention Act] on First Amendment grounds in Ashcroft v Free Speech Coalition. Any request for a stay at that level would be presented to him.

The order finally names the working names of all of the Tampa-area women involved, so the argument between myself and Fla Mod is moot. Now we know which ladies were arrested, but that is not all of them. There are quite a few more over in Orlando.

Stay tuned as this fascinating case works its way through the Courts. It is stuck in state court of course since there is a pending state proceeding. The State's effort to close down the message board and advertising/links goes a step far beyond the racketeering and conspiracy charges that relate to prostitution as opposed to free speech. There is at leat one felony charge against each defendant. The message board is also property of the TBD defendants, and therefore eventually subject to complete forfeiture to the State of Florida post-conviction, if that happens.

The State of Florida will spend a fortune on this case which could have been used on health and education instead, not to mention modern voting machines. If the State regulated and lightly taxed the adult industries at various points, we all would be much better off.



-- Modified on 7/10/2002 7:09:27 AM

-- Modified on 7/10/2002 7:18:29 AM

-- Modified on 7/10/2002 8:36:07 AM