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Old August 9th, 2011, 07:19 AM   #1
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Default When best interest of the child meets the first amendment

Discuss.......

http://wellslawoffice.com/2011/08/wh...rst-amendment/

I visited this guy's sight regularly and there were no mentioning of specific names. I related to the guy because my ex-wife is damn near the same as his.
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Old August 9th, 2011, 07:22 AM   #2
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I say the 1st amendment wins on this.
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Old August 9th, 2011, 07:29 AM   #3
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Why wasn't libel or slander used as a reason for it being taken down?
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Old August 9th, 2011, 07:33 AM   #4
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Because there was none. "she" was refereed to as PEW. There was no specific names mentioned, only letter designators. Not even initials were used. Again we have a case of some judge telling us what we can and can't do in terms of free speech. The only way the kids could even know that the website was written by their father was if they were told.
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Old August 9th, 2011, 07:33 AM   #5
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So a child might read......"I caught my wife in a gang bang with my dad, her brother, and the neighbors pitbull".........

Guess she should not have gotten caught.
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Old August 9th, 2011, 07:36 AM   #6
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http://www.savethepsychoexwife.com/press-release/
Pass this on!
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Old August 9th, 2011, 07:37 AM   #7
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Divorced Father Challenges Judge’s Order Forcing him to Take Down Anonymous Website and Blog About his Ex-Wife and Divorce on First Amendment Grounds.

Divorced Father Claims that Bucks County, Pennsylvania Judge’s Order Requiring him to Take Down a Website called “thepsychoexwife.com” and Prohibiting him from Ever Mentioning his Ex-Wife or Children on any Public Media in the Future is an Unconstitutional and Unenforceable Restraint on Free Speech.

Doylestown, PA (July 11, 2011) – A divorced father is challenging an order entered by a judge in Bucks County, Pennsylvania requiring him to take down a website on which he writes about his ex-wife, his divorce and his custody case. Although the website has the unflattering name domain name “thepychoexwife.com,” all of father’s posts to the website about his ex-wife and his cases are anonymous. According to the father, his ex-wife discovered the website accidentally while researching child support issues involving orthodontic treatment on the Internet and the website appeared high in the search rankings. The ex-wife apparently recognized the content of some of her e-mails, which were posted in a redacted format on the website. Shortly thereafter, the ex-wife asked the court to order the website shut down.

Despite the website’s name, the content of the website is not limited to the divorced father’s posts about his ex-wife and divorce. The website, which is actually owned and controlled by father’s girlfriend, also includes a significant amount of other materials, including discussion forums and resources aimed at helping individuals cope with the difficult issues that arise in divorce and custody cases. According to the divorced father, the website receives over two hundred thousand visitors per month.

Although the website initially started out as a way for father to vent about his divorce and ex-wife, it quickly transformed into a community forum intended to help others going through similarly difficult and emotionally challenging divorces and custody cases. According to the father:

The site is intended to help people in similar situations. I always felt like no one really knew or quite understood the level of chaos that existed in my life, and the website was a way to express it without burdening others with such horror or having to explain and re-explain myself. I felt that it was a way for me to tell the truth of my experiences but to no one in particular.

That is why I started posting to the site in January of 2008. Soon thereafter, I started getting an incredible amount of feedback from people going through similar situations that felt as isolated as I did. That is when the site took on a more meaningful purpose, letting others know that they are not alone in their difficulties. I pray that realization prevents them from feeling trapped like I did. At the time, I felt that I had nowhere to turn. Had I discovered a place like this a long time ago, I may have been compelled to make better choices earlier in my relationship and case. Maybe I would have been more honest with myself and with others about what I was going through and gotten help and guidance sooner for my children and myself.

Despite the website’s apparent popularity and inclusion of unrelated content, a judge and former district attorney in Bucks County, Pennsylvania summarily ordered it shut down on June 6, 2011 without a hearing or testimony. The specific language of the order, entered by the Hon. Diane E. Gibbons states that “Father shall take down that website and shall never on any public media make any reference to 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 events.”

Father and his girlfriend have appealed the judge’s order to the Superior Court of Pennsylvania claiming that the judge’s order violates the rights guaranteed them under the First and Fourteenth Amendments to the United States Constitution.

“The judge’s order is a classic example of an overly broad and unenforceable prior restraint on free speech” according to the father’s attorney, Kevin J. Handy, a partner at the Doylestown law firm of Cooley & Handy. “The order is constitutionally over broad because it clearly prohibits speech that is protected by the First Amendment.”

Although the precise reasoning behind the judge’s order is unclear, the judge presumably issued the order in an attempt to shield the parties’ children from father’s complaints about his ex-wife. There was no evidence presented at the hearing, however, that the children had even seen the website, let alone were harmed by it.

“Even assuming that the court could shield the children from exposure to father’s comments on the website in a constitutionally acceptable manner, which is big assumption, there are many less drastic ways for the court to accomplish that goal without shutting down an entire website. For example, the court could have simply ordered ex-wife to monitor her children’s Internet usage.” according to Mr. Handy. “In the context of the First Amendment, the Supreme Court requires the Government to ‘narrowly tailor” orders restricting speech. The court cannot use an axe where a scalpel will due.”

Father also claims that he never intended for his children to read his posts and that they were directed at other adults going through similar situations.

Mr. Handy points out that the order was issued just in advance the U.S. Supreme Court’s June 27, 2011 decision in Brown v. Entertainment Merchants Association, in which the Court, in striking down California’s ban on the sale of violent video games to minors, reaffirmed the principle that the Government may not restrict otherwise constitutionally protected speech for the ostensible purpose of protecting children.

“Time and time again,” Mr. Handy notes, “the Supreme Court has reiterated that courts and the Government may not reduce the adult population to only what is fit for children.”

Judges in custody cases often enter orders that purport to restrict what one or both parents may say to each other or around their children. Those provisions, however, are rarely challenged or enforced. In the past, complaints by spouses about their exes were generally limited to conversations with family and friends. The Internet and the ability to post negative comments about ex-spouses indefinitely on social media such as Facebook, Twitter or personal blogs, however, has increased awareness of the issue and the perceived problem.

In 2008, a judge in Vermont in a comparable case ordered a man to take down “any and all Internet postings” about his ex-wife. The judge, however, subsequently reversed himself after the man raised similar First Amendment issues. The case was Garrido v. Kranansky.

“Individuals involved in divorces or custody disputes have no less constitutional rights than other individuals,” claims Mr. Handy. “A judge may no more restrict a parent’s right to free speech that she subjectively finds objectionable than the government can for any other group or individual.”

Cooley & Handy represents individuals in personal injury, class action, divorce, custody, and other litigation in Bucks, Montgomery and Philadelphia Counties and throughout Pennsylvania.

© 7/12/11 Cooley & Handy
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Old August 9th, 2011, 07:38 AM   #8
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Don't get married and you cannot get divorced

I think this is the best solution next to a pre-nup, which im still trying to understand the validity of.
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Old August 9th, 2011, 07:48 AM   #9
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#1 cause of divorce is marriage.

I didn't read the whole article, or look for his sight, but if he was smart enough to say things anonymously, and not say his wife's name, there is no reason his blog should matter.

Libel or slander? LOL.
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Old August 9th, 2011, 07:51 AM   #10
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1st amendment.

And skooter built, BULLSHIT. Know what you are doing when you enter a commitment and stick to it. Way too many lame excuses for divorce out there. It's easier to walk away than fix it these days. Are there reasons for some of the divorces that happen? Sadly, yes. But I think alot of marriages these days are done with no more commitment than being boyfriend/girlfriend.
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Old August 9th, 2011, 07:54 AM   #11
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Well I was committed in my marriage, but apparently my (now) ex-wife or her married Army boyfriend weren't. Worse thing was...I was out here working when it was going on.
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Old August 9th, 2011, 08:02 AM   #12
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Originally Posted by whiterhino View Post
1st amendment.

And skooter built, BULLSHIT. Know what you are doing when you enter a commitment and stick to it. Way too many lame excuses for divorce out there. It's easier to walk away than fix it these days. Are there reasons for some of the divorces that happen? Sadly, yes. But I think alot of marriages these days are done with no more commitment than being boyfriend/girlfriend.
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Old August 9th, 2011, 08:03 AM   #13
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Well I was committed in my marriage, but apparently my (now) ex-wife or her married Army boyfriend weren't. Worse thing was...I was out here working when it was going on.
shit happens, I was committed to mine as well. It doesn't always work.

I know one thing, I will NEVER get divorced again.
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Old August 9th, 2011, 08:21 AM   #14
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Quote:
Originally Posted by whiterhino View Post
1st amendment.

And skooter built, BULLSHIT. Know what you are doing when you enter a commitment and stick to it. Way too many lame excuses for divorce out there. It's easier to walk away than fix it these days. Are there reasons for some of the divorces that happen? Sadly, yes. But I think alot of marriages these days are done with no more commitment than being boyfriend/girlfriend.
fuck you are a squeaky wheel. Take your morality and family values and go to church. In wyoming there is no alimony and it takes 22 days to get a divorce unless you are going to fight over property.
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Old August 9th, 2011, 08:31 AM   #15
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Quote:
Originally Posted by whiterhino View Post
1st amendment.

And skooter built, BULLSHIT. Know what you are doing when you enter a commitment and stick to it. Way too many lame excuses for divorce out there. It's easier to walk away than fix it these days. Are there reasons for some of the divorces that happen? Sadly, yes. But I think alot of marriages these days are done with no more commitment than being boyfriend/girlfriend.
Im sorry to say that when you married your wife and began your family it was a different time and place; that isn't a crack about you being old, just a truthful realization.

You are 100% correct, people don't want to own up to the "marriage" commitment. Many people get married because they think they have/need to. Many people feel entitled as they don't understand comprise. If they don't get there way they say f-it im taking my tonka truck out of the sand box and going home. Also since the 60's the divorce rates have only been climbing up and up, so kids who grew up in divorced homes are going to be more likely to divorce first and ask questions later.

With marriage today, 90% of the time once kids enter the picture as a man, your fucked! Ask what the original poster feels about a mans rights while during divorce.

(This is my opinion, only based on 3rd hand knowledge)

From what I've seen, the woman usually is granted the kids and child support and has the total upper hand during the court proceedings. The man usually looses out. Why are a good number of divorces a drag out fight, to the point of your fighting over the Dale SR. Collectors plates ... I know cheating can be a big factor in this however it only strengthens the entitlement issue. People say you can get a pre-nup and things are much better but then I hear some arnt worth the paper they are written on.
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Old August 9th, 2011, 09:08 AM   #16
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shit happens, I was committed to mine as well. It doesn't always work.
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Old August 9th, 2011, 09:12 AM   #17
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Originally Posted by Marine_mike View Post
Well I was committed in my marriage, but apparently my (now) ex-wife or her married Army boyfriend weren't. Worse thing was...I was out here working when it was going on.
You should have killed them, claimed temporary insanity from PTSD, and you would have gotten off.
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Old August 9th, 2011, 09:18 AM   #18
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Old August 9th, 2011, 09:30 AM   #19
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Asking for trouble ^^^^^^

1st Ammendment all the way,.

I agree with Whitewino. Divorce is too easy these days and not fround upon like it used to be. But because of this, it makes marrage harder for even the ones who are committed to the relationship. That and MTV has ruined our families.
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Old August 9th, 2011, 09:55 AM   #20
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fuck you are a squeaky wheel. Take your morality and family values and go to church. In wyoming there is no alimony and it takes 22 days to get a divorce unless you are going to fight over property.
I am proud of my morality and apologize to no one for it. You don't need to go to church or have religion to be moral. It's a matter of right and wrong. It's a matter of following through on your own vows and commitments. It's a matter of treating people like you would want to be treated. There was a day when a man could take pride in his word and know that it was binding. Maybe the younger generation doesn't care if they back out on a promise or lie to someone, but I do. You can't find anyone who will tell you that I made them a promise that I didn't keep unless it was a situation that was out of my hands. I'm a man of my word and I'm proud of that. To me, your spoken promise is one of the only things in life that you as a man can control.

You don't like me being moral.......... I don't give a shit.
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