Apr 05 2006
Where is the ACLU Part 1- Kevin Thompson’s book is banned
The ACLU is an enigma to me. On the surface they stand for lofty yet worthy goals (from their website):
- Your First Amendment rights-freedom of speech, association and assembly. Freedom of the press, and freedom of religion supported by the strict separation of church and state.
- Your right to equal protection under the law - equal treatment regardless of race, sex, religion or national origin.
- Your right to due process - fair treatment by the government whenever the loss of your liberty or property is at stake.
- Your right to privacy - freedom from unwarranted government intrusion into your personal and private affairs.
I cannot disagree that these rights need protection,
What has always puzzled me is the fact that the ACLU seems to come down more often on the side of the more radical elements, and opposed to the more conservative elements.
Stop The ACLU has this to say:
Many believe that the ACLU are a good organization out to protect our Bill of Rights. Stop the ACLU believes that the ACLU are a leftist, partisan organization that is misguided at best, and dangerously idealistic, lacking in a balanced approach towards what is best for America. We believe the ACLU are extremists, and have attained too much power over our Judicial branch of government. At best, the ACLU follow their ideology blindly…at worst…it seems like they sometimes seek to destroy our society completely. One thing is for sure, the ACLU have a different vision for what America should be than most Americans do. One thing we want to do here, if nothing else, is put a stop to Taxpayer Funding of the ACLU from those of us that don’t necessarily agree with all of their philosophies.
Such as:
The Legalization of Child Porn Distribution
Defending The Enemy
Tax Exemptions For Wiccans, but not for Christian Churches
Open Borders
Opposition To The Second AmendmentThose are just a few examples. You can see what we are about by searching our archives.
That is not to say the ACLU has never defended traditional values and issues. They have.
But these either never get as much press as the more outrageous examples, or the more outrageous ones seem to be more common.
I know that having said that I will be the recipient of comments and emails listing every traditional values case the ACLU has been involved in. I accept that.
But from my observations, some of the more outrageous cases, some of which are noted above, make me very concerned for the overall influence they have on society, and the priorities they use in determining what they will be involved in.
I called them once about 10 years ago, and was politely told my issue wasn’t high profile enough to justify their involvement.
So as I considered the ACLU, I started wondering where they were in relation to many cases that I felt were obvious infractions of civil rights, yet were notoriously lacking in ACLU representation. And since I am a blogger, well here we are.
Welcome my new weekly feature "Where is the ACLU?"
For my inaugural post, I stumbled on to this story:
Court Order May Violate First Amendment
A child custody case in Massachusetts may be placing family court procedures on a collision course with the First Amendment.
Last week, a Massachusetts family court judge issued an order restraining the distribution of a book entitled "Exposing the Corruption in the Massachusetts Family Courts." The author, Kevin Thompson, is a non-custodial parent who feels betrayed by a judicial system that he calls "anti-father."
Click here to preview the book.
Thompson claims that his book is "banned" in the Boston sense of that word. But according to the order, which Thompson received by mail last Friday, impounding the book is necessary to protect the privacy interests of the minor child. In other words, the book includes information about Thompson’s 4-year-old son, which violates a minor’s privacy in a legal proceeding.
("Family court" is commonly defined as "a separate court, or more likely a separate division of the regular state trial court" that adjudicates family conflicts, such as divorce, and legal matters involving children such as custody, child support and adoption. Its proceedings are far more cloistered than those of other courts; this protects privacy but also prohibits scrutiny.)
Concern for a child’s privacy, however, does not explain some of the circumstances surrounding the restraining order. For example, the issuing judge is also the subject of an entire section of Thompson’s book: Chapter 17, "Judge Mary McCauley Manzi." Canon 3 of "The Code of Conduct for United States Judges" requires a judge to recuse him or herself when "impartiality might reasonably be questioned."
Manzi would seem to have a conflict of interest.
The history of "Exposing the Corruption in the Massachusetts Family Courts" is long and complicated. The bare bones is as follows.
A high school physics teacher, Thompson had a relationship with a co-worker that resulted in the birth of a son, Patrick. Both sought custody.
Manzi awarded sole custody to the mother with visitation for Thompson. His attempt to appeal the decision was unsuccessful and a request for further appellate review was denied.
Frustrated by what he believes is an anti-father bias within the family court, Thompson penned an intentionally provocative exposé that blistered the system in general and several judges by name. Indeed, it is so incendiary as to detract from its credibility.
Nevertheless, the book and Thompson have received attention in local newspapers, such as the Lawrence Eagle Tribune. Unfortunately, the official silence that surrounds family court has not allowed for rebuttal from the judges.
Thompson states his purpose: "This book was written to gain justice in the court of public opinion because justice certainly does not occur behind closed doors in these ‘winner takes all’ courtrooms where absolute power has corrupted absolutely. The sanctimonious claim that the secrecy of family court cases protects the privacy of the litigants is a lie.
"The only interests that are protected are the interests of the racketeers and hypocrites who invade ‘family privacy’ by removing loving fathers from the lives of their children against their will and without just cause to fill their pockets."
The book also excoriates Patrick’s mother, who sought to have it legally restrained. Judge Peter C. DiGangi granted a restraining order but ultimately recused himself from the follow-up hearing because the book severely criticizes him as well.
Instead, the hearing was held before Manzi. The outcome: Thompson is prohibited from disseminating specific identifying and medical information on the mother and child relating to the custody case, and from discussing evidence presented by the Department of Social Services. Thompson claims the excluded material constitutes the core of his book.
The case is impounded until 2021 to when Patrick presumably turns 18 years old.
A further court hearing is scheduled for April 19 to consider the mother’s request for the attorney fees she has incurred.
Thompson is unlikely to obey the restraining order. "Exposing the Corruption in the Massachusetts Family Courts" is still being advertised as available; moreover, Thompson has stated, "I made it clear at the hearing that Judge Manzi did not have the jurisdiction to ban my book. Any order issued from such a hearing would be illegal and, therefore, null and void."
Instead, Thompson is invoking First Amendment rights, stating, "This Amendment applies to the states via the due process clause of the Fourteenth Amendment, which protects against government interference with certain fundamental rights and liberty interests."
According to UCLA Law School professor Eugene Volokh, Thompson may be correct.
"If the judge has indeed enjoined distribution of the book, that seems like a clear First Amendment violation to me," Volokh said.
"Regardless of when and whether a judge may limit parents’ custody rights based on their speech, the judge may not enjoin parents from publishing books; and that the book uses the child’s name and picture is surely not reason enough to enjoin speech this way, either — there is no First Amendment exception for speech about children."
Nevertheless, it is common in family courts for a final judgment to include a permanent injunction on discussing specific aspects of the proceeding
For years, critics have claimed that family court ignores constitutional rights. Sometimes the critics launch legal challenges.
For example, last week the Judicial Standards Commission dismissed a complaint against a North Carolina family court judge. The judge was accused of ignoring a defendant’s right to counsel when he insisted that a hearing proceed even though the defense attorney was absent
Given Thompson’s history of appealing decisions, the fate of "Exposing the Corruption in the Massachusetts Family Courts" is likely to be revealed through such a challenge. If so, it will strike at the heart of one of family court’s defining features: the ability to surround proceedings with silence.
Point one: The Judge has a personal interest in the contents of the book.
Point two: a father is denied even reasonable visitation and custody. 10 hours a week is horrible.
Point three: There is a clear and reasonable belief that the Court’s actions were less about privacy for the minor and more about self preservation.
It seems to be a clear issue of free speech and equal protection along with due process, maybe. Not knowing the issues around the divorce, it could even be a case of equal rights and gender bias.
And I find his being denied the due process of appeal troubling.
So, where is the ACLU?
I emailed Kevin and asked him this:
Have you asked for help form the ACLU on this?
His reply?
"Yes, no response back."
You be the judge why they don’t feel it worthy of a response.
If you would to know more about Stop the ACLU and how you can help, go to http://www.stoptheaclu.com
One Response to “Where is the ACLU Part 1- Kevin Thompson’s book is banned”
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This just doesn’t happen to fathers. It’s all about who has more money for an attorney and who can pay off the judge. I too have had my Constitutional Rights taken. Spoke out about an abusive husband/father and judge gave our little girl to the abuser. The corruption in the courts is out of hand - and there’s no way to stop it.