Just another example of men being denied their fundamental first amendment rights whenever a "woman" is at the other end of the argument. The total hypocrisy worsens as not only the media increasingly ignores the plight of husbands and Fathers but the law also denies him his fundamental human rights as well..Typical woman and typical feminism. Both can carry the blame as they continue to downplay any issue that may affect their privileges and their money grubbing activities..The whole issue is a f*cking disgrace and we as men need to ante up our oppostition as there is no way this is going to improve by sitting on your hands and doing nothing..
CUSTODY ORDER VIOLATES FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION
In a Family Courtroom in Bucks County, PA, Judge Diane E. Gibbons recently ordered a father to take down a website, a blog actually, called: ThePsychoExWife.com. A portion of this site is dedicated to telling a story, based on true events, regarding a very contentious divorce and custody battle with this ex-wife. The purpose of the website was to attract others going through similarly difficult divorce and custody situations in order to help them manage theirs better. The Father, in this case, was ordered to shut it down under threat of incarceration and/or risk losing custody of his children.
Judge Diane E. Gibbons has violated the father’s civil rights by ordering him to remove the blog. Fact is, he neither owns the website nor the content. The existence of the website, in and of itself, has no affect on his children. It would forever remain so, provided both parents monitor the children’s computer usage as any good parent should.
You can read the full transcript of Judge Diane E. Gibbons orders here.The father has appealed this order on the grounds that his civil rights are being violated in several different ways, not the least of which is the violation of the 1st Amendment of the United States Constitution regarding freedom of speech as well as his 14th Amendment rights as he was not allowed to present evidence or object during the two hearings she held, in fact the Judge would not even let him speak or respond to false accusations made by his ex and the judge herself at all.
We are asking for help in this defense because it is an issue that faces any parent that is divorced. Imagine a judge telling you that you cannot talk about your children on “any public media” – which would include things like Facebook updates, Twitter, or your personal blog – or you will lose custody. Imagine the far-reaching consequences for bloggers everywhere if orders such as this one are left unchallenged? There goes your online support group. There goes your Facebook and Twitter updates. Your website, personal OR commercial – ordered gone under threat of incarceration and having your beloved children removed from your custody. This order flies in the face of our civil rights, and your civil rights, too! Imagine trying to protect your children from abuse and a judge telling you that you must hide the abuse and protect the abuser by not allowing you to talk about the abuse in public, we can’t let this stand.For those of you that work in the Internet Marketing Industry – imagine a family court threatening to remove your children from your life because you run a website they object to, though your children never even see it. If you are an author, imagine a family court threatening to remove your children from your life because you write a book they object to. Imagine sending a vulgar email to your brother who passes it on to your ex-wife and a judge decides you shouldn’t have custody because she didn’t like the joke. This could happen to you. This is happening across the country right now, and we must stand up to this violation of the First Amendment. We must protect our freedom of speech and not allow family judges to use our rights against us when deciding custody.
A positive outcome to this case unquestionably has the potential to have a significant impact on a wide range of businesses, families, people. We humbly request your support.
DIANE E. GIBBONS ORDERS FATHER TO TAKE DOWN WEBSITEDonate now to fight for your right to Free Speech in custody cases: CLICK HERE to DONATE $1.
Transcript #1 (Link) – This is the first ruling, made on June 6th, 2011, whereby Judge Diane E. Gibbons ordered ThePsychoExWife.com to be taken down and placed further restrictions on the father regarding his rights to free speech. We will be uploading the second transcript of the follow-up hearing, which took place on June 14th, 2011, as soon as it is available.
Judge Diane E. Gibbons:
Father shall take down the website and shall never on any public media make any reference to the mother at all, nor any reference to the relationship between mother and children, nor shall he make any reference to his children other than “happy birthday” or other “significant school events”There is no doubt this is against the father’s civil rights, and we are appealing this specific issue, so that all parents retain their freedom of speech even if they are divorced and going through custody battles.
This is clearly a violation of the 1st Amendment to the U.S. Constitution. It’s also unlawful prior restraint. It is also quite likely a violation of other Federal Laws, too.
Judge Diane E. Gibbons (to the Father and Father’s Attorney):
You better follow it, I will hold you in contempt if you recommend to him not to follow it. And if he doesn’t follow it, I will incarcerate him. Do you understand?UPDATE July 12th, 2011:With regard to the transcript for the follow-up hearing on June 14th, 2011 – we have been unable to secure a copy. Despite daily phone calls (sometimes more than one, including those by the attorney), a return call was not received from the court reporter until approximately June 29th, 2011 – fully 15-days after the hearing. At that time, the court reporter claimed that an invoice would need to be sent and payment made before the transcript would be available. While the invoice was to be sent out right away, no timeline was given for actually receiving the transcript after payment had been received.
As of July 9th, 2011, fully 10-days after being told an invoice would be sent, none had been received.
On July 11th, nearly a full month after the hearing, the invoice was received and payment immediately sent via U.S. mail. This occurred only after the new attorney sent a letter compelling the court reporter to produce the transcript in preparation for an appeal. The letter ordering the transcript to be produced can be read here: Order to Produce Transcript for June 14th, 2011 Hearing.
The invoice arrived three business days after the attorney’s written request.
UPDATE: July 14th, 2011:Transcript #2 (Link) – This is the second ruling, made on June 14th, 2011, whereby Judge Diane E. Gibbons reaffirmed her original order ThePsychoExWife.com to be taken down and placed additional restrictions on the father regarding his rights to free speech.
