Have we come to this in America? Threatening John Q. Public with 13 years in prison for exercising his right to free expression? Is the case so politically charged that the judge would place a gag order on the proceedings? This case is unjust.
Judge Howard Shore issued a gag-order in a San Diego, California courtroom this week against Jeff Olson, a 40-year-old activist that used washable children’s chalk to scribble anti-bank slogans in public space last year.
Jeff Olson writes political slogans in washable chalk on a public sidewalk outside of a bank. This is his full extent of his crime. How is it possible that Judge Shore would place a gag order on the case? There is no injured party. There is no victim. Who is he protecting? American civil liberties are under attack in this case, yet Judge Shore does not see this as a civil liberties case. Judge Shore banned defense attorneys from using a civil liberties defense.
Prosecutors in San Diego aren’t amused with his work, however, and have discounted Olson’s assertion that he was engaging in an act of free speech. Judge Shore said earlier in the week that Olson’s attorney is prohibited from "mentioning the First Amendment, free speech, free expression, public forum, expressive conduct or political speech during the trial,” but the issuing of a gag-order now limits much more than what was already decided.
The Mayor of San Diego thinks the case is a crazy overreach too.
“This young man is being persecuted for thirteen counts of vandalism stemming from an expression of political protest that involved washable children's chalk on a City sidewalk,” Filner wrote. “It is alleged that he has no previous criminal record. If these assertions are correct, I believe this is a misuse and waste of taxpayer money. It could also be characterized as an abuse of power that infringes on First Amendment particularly when it is arbitrarily applied to some, but not all, similar speech.”
Then again, the prosecutor is running for mayor and taking political contributions from the bank that Jeff Olson was protesting. I don't need to spell this out do I?
This is a link to the Recall of Superior Court Judge Howard Shore. You know what to do.
Have we come to this in America? Threatening John Q. Public with 13 years in prison for exercising his right to free expression? Is the case so politically charged that the judge would place a gag order on the proceedings? This case is unjust.
