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TUCSON CITY COURT ASSERTS AUTHORITY OF PRIOR RESTRAINT

TUCSON CITY COURT ASSERTS AUTHORITY OF PRIOR RESTRAINT

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Published by Roy Warden

The Local Yokels Who Sit On the Tucson Municipal Court Think THEY Have More Power Than The U.S. Supreme Court

The Local Yokels Who Sit On the Tucson Municipal Court Think THEY Have More Power Than The U.S. Supreme Court

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Published by: Roy Warden on Jan 23, 2013
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09/17/2013

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ARIZONA COMMON SENSE
An Exercise in Aggressive, Non-Partisan Political ActivismJanuary 22, 2013Volume 3, Number 02
 
TUCSON CITY COURT ARROGANTLY ASSERTSTHE POWER OF PRIOR RESTRAINT
 
AS A MATTER OF FACT, the Tucson City Court is a limited jurisdictioncourt of non record, directed by the Tucson City Council, partisanpolitical and economic interests and local “Good Old Boys.”In other words it is one of the smallest courts in the land, where,speaking very frankly, most of the significant constitutionalviolations begin. Yet arrogantly and unlawfully, the Tucson City Court asserts anauthority surpassing that of the U.S. Supreme Court, the highestcourt in the land: the power to issue a non-appealable order of priorrestraint to silence a political speaker who challenges the rectitudeof local political authority. The issue of “prior restraint” is addressed in several U.S. SupremeCourt cases, notably
(1967)which says they should never be issued, and
(1971) which says injunctions which temporarilyrestrict expressive conduct must be obeyed until they are appealed. The Arizona Supreme Court, in
, (involving theDirector of the Farm worker’s Union, activist Cesar Chavez),affirmed the holding in Walker v Birmingham.And the 9
th
Circuit, in accordance with Walker and Chavez, hasprecisely set forth the conditions which must be met regarding anyprior restraint restrictions on free speech:Prior restraints on free speech “will be upheld only if they...provide for a prompt decision during which the status quo ismaintained and there is the opportunity for a prompt judicialdecision” Dream Palace v. County of Maricopa, 384 F.3d 990,998 (9
th
Cir 2004)

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