Diane E. Gibbons Orders Father to Take Down Website
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Transcript #1 (Link) – This is the first ruling, made on June 6th, 2011, whereby Judge Diane E. Gibbons ordered ThePsychoExWife.com to be taken down and placed further restrictions on the father regarding his rights to free speech. We will be uploading the second transcript of the follow-up hearing, which took place on June 14th, 2011, as soon as it is available.
Judge Diane E. Gibbons:
Father shall take down the website and shall never on any public media make any reference to the 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 school events”
There is no doubt this is against the father’s civil rights, and we are appealing this specific issue, so that all parents retain their freedom of speech even if they are divorced and going through custody battles.
This is clearly a violation of the 1st Amendment to the U.S. Constitution. It’s also unlawful prior restraint. It is also quite likely a violation of other Federal Laws, too.
Judge Diane E. Gibbons (to the Father and Father’s Attorney):
You better follow it, I will hold you in contempt if you recommend to him not to follow it. And if he doesn’t follow it, I will incarcerate him. Do you understand?
UPDATE July 12th, 2011:
With regard to the transcript for the follow-up hearing on June 14th, 2011 – we have been unable to secure a copy. Despite daily phone calls (sometimes more than one, including those by the attorney), a return call was not received from the court reporter until approximately June 29th, 2011 – fully 15-days after the hearing. At that time, the court reporter claimed that an invoice would need to be sent and payment made before the transcript would be available. While the invoice was to be sent out right away, no timeline was given for actually receiving the transcript after payment had been received.
As of July 9th, 2011, fully 10-days after being told an invoice would be sent, none had been received.
On July 11th, nearly a full month after the hearing, the invoice was received and payment immediately sent via U.S. mail. This occurred only after the new attorney sent a letter compelling the court reporter to produce the transcript in preparation for an appeal. The letter ordering the transcript to be produced can be read here: Order to Produce Transcript for June 14th, 2011 Hearing.
The invoice arrived three business days after the attorney’s written request.
UPDATE: July 14th, 2011:
Transcript #2 (Link) – This is the second ruling, made on June 14th, 2011, whereby Judge Diane E. Gibbons reaffirmed her original order ThePsychoExWife.com to be taken down and placed additional restrictions on the father regarding his rights to free speech.