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Commentary, sarcasm and snide remarks from a Florida resident of over thirty years. Being a glutton for punishment is a requirement for residency here. Who am I? I've been called a moonbat by Michelle Malkin, a Right Wing Nut by Daily Kos, and middle of the road by Florida blog State of Sunshine. Tell me what you think.

Saturday, July 09, 2005

Judicial Lunacy in Washington State

A day doesn't seem to pass without another instance of judicial incompetence or corruption happening. It's going on at every possible level too.

Do any of these judges remember the constitution? Five Supreme Court justices seemed to have forgotten the document that gives them their jobs. That's the highest court in our land speaking.

So why should it surprise me when a local judge shows similiar contempt for the law? I feel sad as well as angry to see our judicial system sink this low. Thanks to Michelle Malkin, I have learned one more instance of our court systems gone wild. The following comes from the Seattle Times.

Foes of gas-tax increase lose pair of court cases
By David Ammons
The Associated Press


OLYMPIA — Foes of Washington's gas-tax increase have lost a pair of court cases, but say their efforts to overturn the 9.5-cent-per-gallon increase remain on track and they expect their initiative to make the November ballot.

The first 3 cents of the increase took effect Friday, added to the state's existing 28-cent-per-gallon tax.

Also on Friday, Thurston County Superior Court directed the critics to fully disclose their donors' identities immediately or forego their contributions, and ordered that KVI Radio report the value of two talk-show hosts' comments promoting Initiative 912.

The critics' lawyers said the KVI ruling would have a chilling effect on political commentary and editorials in the media. They said an appeal is possible.

KVI and Fisher Broadcasting executives were aghast. They said talk-show hosts John Carlson and Kirby Wilbur were only doing what political commentators and newspaper editorial pages do across America: discussing issues and recommending action.

"Each host is entitled to his own opinion on the issues of the day," said Dennis Kelly, a top official at Fisher Broadcasting, KVI's parent company. "We don't agree with the premise of the ruling. If the judge's ruling holds, it will have a chilling effect on talk and news shows across America. It was a really unwise ruling."

Fisher's vice president and general manager, Rob Dunlop, said that even if the hosts crossed a line into direct campaign work, a notion he rejected, the station would have no way to quantify the commercial value.

The campaign manager, political consultant Brett Bader, called it "a dangerous and unenforceable ruling."

Shortly before close of business Friday, he complied with the ruling by estimating that the in-kind help was worth $20,000 to the campaign — $10,000 apiece for the two hosts in May. But he made it clear he doesn't accept that even a penny was truly reportable.

Judge Thurston has forgotten a little something known as the first ammendment. The talk show hosts were expressing their opinions, as they have a right to. Like a blogger, a newspaper editorial or just anyone even speaking on a news corner.

The surprising thing is, this story has gotten little attention. This is more far reaching than the Plame affair, because this type of decision can affect not just journalists, talk show hosts, bloggers but ordinary citizens also.

The Seattle Times correctly opined-

He ruled that Kirby Wilbur and John Carlson of KVI Radio had pushed the gas-tax rollback initiative so zealously on the air that it amounted to advertising. Therefore, he ruled, the campaign had to report their support as a political contribution.

The campaign duly estimated the value of Wilbur's and Carlson's support at $10,000 each for the month of May, and reported it to the government.

See what is being done here. The judge is following a simple syllogism:

All political contributions may be regulated;

Speech is a political contribution;

Therefore, speech may be regulated.

Just further proof most of our judiciary is either sick or corrupt. A revolution will happen in this country one day unless it changes. People aren't going to stand by as their homes and rights are taken away by lunatics, crooks and knuckleheads masquerading as judges.

 
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