fuzzis
01-10-2008, 11:14 AM
Blog Takes Failed Marriage Into Fight Over Free Speech (http://www.nytimes.com/2008/01/10/us/10divorce.html?_r=1&oref=slogin)
...The husband, William Krasnansky, posted what he calls a fictionalized account of the marriage on his blog late last year. His wife, Maria Garrido, complained to the judge overseeing their divorce, who ordered Mr. Krasnansky to take down “any and all Internet postings” about his wife and their marriage pending a hearing next month.
Mr. Krasnansky, 51, says the order amounts to a prior restraint, a rare restriction of speech before publication, and a violation of his constitutional right to free speech. His lawyer, Debra R. Schoenberg of Burlington, Vt., has asked Judge Thomas Devine of Washington County Family Court to vacate the order and dismiss Ms. Garrido’s motion for immediate relief.
The order has surprised some experts in First Amendment law, who say it constitutes a prior restraint and appears too broad to be constitutional, especially since no hearing or trial has been held....
...The husband, William Krasnansky, posted what he calls a fictionalized account of the marriage on his blog late last year. His wife, Maria Garrido, complained to the judge overseeing their divorce, who ordered Mr. Krasnansky to take down “any and all Internet postings” about his wife and their marriage pending a hearing next month.
Mr. Krasnansky, 51, says the order amounts to a prior restraint, a rare restriction of speech before publication, and a violation of his constitutional right to free speech. His lawyer, Debra R. Schoenberg of Burlington, Vt., has asked Judge Thomas Devine of Washington County Family Court to vacate the order and dismiss Ms. Garrido’s motion for immediate relief.
The order has surprised some experts in First Amendment law, who say it constitutes a prior restraint and appears too broad to be constitutional, especially since no hearing or trial has been held....