It would seem that our friends Desiree Capuano and James Pendleton have somehow deluded themselves into believing their simple “no-contact” restraining orders are actually some kind of injunction against free and open speech.
In a declaration Desiree recently submitted to the family court, she stated:
Since the hearing on December 16th, [Patrick] has continued to post defaming information to the website (in clear violation of the protection order).
It seems our misguided, legally ignorant fools are under the impression a restraining order can actually impose a “prior restraint” on constitutionally protected speech. Yeah, that’s right, I called the content of this website “constitutionally protected speech”! See, the primary intent of this website is to “inform the community” about what Patrick believes to be Desiree’s (and now James’) offensive conduct. And that, my friends, according to the Supreme Court is considered constitutionally protected speech. If you are unsure of the soundness of my argument give Organization for a Better Austin v. Keefe, 402 U.S. 415, 91 S. Ct. 1575, 29 L. Ed. 2d 1 (1971), a read. If you’re still unsure, or you think Org. for a Better Austin is too old, then check out Snyder v. Phelps, 131 S. Ct. 1207, 562 U.S. 443, 179 L. Ed. 2d 172 (2011).
What’s even more baffling about these two is their insistence that a restraining order issued within the US is enforceable globally. Yes, they’re actually under the impression that their silly little orders carry the weight to compel some authority in a foreign country. As you know, Patrick lives in Canada (though he’s from the US). And, what many Americans don’t realize is Canada is, actually, a different country. A restraining order issued in the US has about as much legal power in Canada as, oh…a used tampon. So, even in their fantasy world where a US court would actually have the power to force a person to stop talking about another person, there is still the fact that neither Patrick, nor this website, are actually in the US.
Sometimes it amazes me that people as obviously intellectually stunted as Desiree Capuano and James Pendleton are able to get by from day to day in our complex society.
But what amazes me even more is that even after Desiree and James receive and read Patrick’s appellate briefs, they will continue to convince themselves that he’s violating the orders of protection.