Friday, July 12, 2024

ANOTHER FIRST AMENDMENT VICTORY: SJC Loses Attempt to Punish, Censure, Commissioner Krista Keating-Joseph. (Jessica Clark, First Coast News)

Three cheers for judicial independence and our federal courts. Judge Harvey Schlesinger ruled correctly July 10, 2024 against SJC Board of County Commissioners.  He's ruled against SJC government overreach before, including First Amendment cases involving willful actions of our SJC School Board, attempting to compel kids to sing religious songs as a condition of participation in grade school graduations.Rebarbative Republican Commissioners ISAAC HENRY DEAN, CHRISTIAN (sic) WHITEHURST, ROY ALYRE ALAIMO, JR. and SARAAH ARNOLD just lost a federal court constitutional law case to fellow Commissioner Krista Keating-Joseph. Hope these unctuous uncouth unjust stewards will volunteer to pay the Commissioner Joseph's reasonable legal fees for contesting their unconstitutional actions   I called them out and told them to "Drop the oyster and leave the wharf" while they were considering this misguided misanthropic vote.  Vote them out.

From First Coast News:


Judge: St. Johns County Commissioner Krista Joseph's election comments protected by First Amendment

The ruling comes after a monthslong legal battle regarding comments made by Joseph during a November county commission meeting.

ST. JOHNS COUNTY, Fla. — A judge ruled Wednesday in favor of a St. Johns County commissioner accused of election interference, saying her First Amendment right to free speech is protected even at a county commission meeting.

The ruling comes after a monthslong legal battle regarding comments made by St. Johns County Commissioner Krista Joseph during a November county commission meeting.

Joseph waived a flag and held an elections guide while reminding voters during a meeting that they could vote out incumbents in the upcoming August election.

She told voters if they were not happy with the way the county was going, "In less than nine months, we have an election," Joseph said.

The other county commissioners objected to her making those comments during a meeting.

In response to the incident, St. Johns County hired an outside attorney. The attorney argued Joseph's comments violated election law by speaking about an election as a county commissioner during a county commission meeting.

Joseph filed a federal lawsuit, asking the judge to determine if she was in her right to speak about elections. 

In a ruling Wednesday, Judge Harvey Schlessinger said: "Simply because a person is an elected official, such as a county commissioner, this rightful freedom to speak out so as to inform the electorate cannot be restricted."

Joseph is not running for re-election but is supporting others who are running against incumbents.

The county commissioner races could likely be determined in the primary election.

Read the judge's ruling below:

5 comments:

  1. If it was a rule set to be abided by all then she was wrong. If the original rule was informal then ok. She had a good reason to get a case going. If it was a formal rule then it was for good reason and she simply used the courts to change a good rule that was made for good reasons. She did it just to get her way. Now everyone will be able to campaign from the chair so don't get upset when someone further to the right politically gets up there and gives some passionate, self serving political speech.

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  2. Wrong. SJC violated the First Amendment. Four developer supported County Commissioners should hang their heads in shame.

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    1. Doris3:29 PM

      Yeah she went over people's heads to change the rules. Again, don't be upset if some far right nut job uses the chair as a soap box.

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  3. Incoherent. Our Founders made "the rules" in Philadelphia. Conflicted Commissioners broke the law. Thank God for Judge Harvey Schlessinger and judicial independence.

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  4. Anonymous6:35 AM

    When will you flip flop and support home team David Shoar for Senate? One party State Republicans attacking him and calling for him to drop out so they can run less opposed. That should tell you something. MAGA Republicans don't like real Republicans. Hello! Shoar just using Trump's name. He's good!

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