A possible test case that could probe the boundaries of the First Amendment right to free speech is brewing in a Vermont family court. William Krasnansky and Maria Garrido are in the midst of a divorce and Krasnansky has put up a blog that features an ongoing, thinly fictionalized account of his marriage that is not flattering to Garrido.
Judge Thomas Devine of Washington County Family Court, who oversees this case, has ordered William to stop posting blog items about his wife, a decision that raises serious free speech issues. Krasnansky and his attorney argue that Devine's order constitutes prior restraint and a violation of the First Amendment and should be vacated.
Ms. Garrido's lawyer says that Krasnansky's blog constitutes harassment, which divorce courts don't like, and is grounds for a defamation claim (which belongs in civil, not family, court). Surprisingly, the law is not settled in situations like this, namely issuing prior restraint orders in cases involving defamation, although the Supreme Court has once tentatively said that prior restraint in defamation cases is overly broad.
In the meantime, Krasnansky is engaging in "civil disobedience" by continuing to post "fictional" items about his crumbling marriage, exercising his First Amendment rights while sticking it to Garrido.
Cynthia Brumfield at 8:40 AM|Comments(1)
What makes the case more complicated that it initially may seem is that Krasnansky isn't just writing about his ex-wife; he has posted excerpts from her private journals, apparently in her original handwriting. Examples here: http://lookatmypugs.livejournal.com/808.html Not sure what Vermont law says about defamation -- I wouldn't think that posting the contents of another's personal journals would fall into that category -- but those actions would certainly seem to constitute harassment under any reasonable test.
I'd like to see what Judge Devine's order actually said before criticizing it. If it prohibits Krasnansky's posting of his own thoughts, it's prior restraint; but if it merely prohibits Krasnansky's use of his ex-wife's journals, I think it's a far more justifiable order.
Posted by: DMS at January 11, 2008 1:59 PM
Blogs We Read
