Tuesday, June 24

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SoFlo: GO FIGURE (2#) -

Does Redneck Law trump the FA?

Suddenly, seemingly out of the blue, the Florida Supreme Court is intervening in the proposed settlement of Sean Conway's case with a Show Cause order, questioning whether Conway's blog comments should or should not be considered Protected Speech. They are directing the adversaries to submit briefs on the matter.

What was the crucial factor that caused them to take action in this case?

I guess I am baffled by their motivation and purpose in doing this.

I think Sean's comments constitute Protected Speech if only because I understand that judge to have been elected, which makes his comments political. Political speech is definitely protected.

The Bar Association contends that the rules of their organization, which is like a private club, transcend the First Amendment. In effect, they are claiming that they (a group of lawyers yet!) are above the Law. I find that position repugnant.

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