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North Carolina Supreme Court Upholds Judicially Mandated Speech And Censorship On Blog

An opinion out of North Carolina is raising very serious concern over free speech this week.  The North Carolina Court of Appeals upheld the actions of William Coward, a Macon County judge, who not only convicted a blogger of the crime of recording a court hearing, but went further to force  Davin Eldridge to write and post a lengthy essay about respect — and then delete any negative comments from those objecting to the judicially-coerced speech.  The opinion in my view is an outrageous overreach of judicial authority and an attack on free speech. Yet the North Carolina Supreme Court has now upheld the sentence without any opinion.
      There is no debate that Eldridge was wrong to record the proceedings and that the court was within the law in holding him in contempt. However, Coward went further to judicially-coerce speech and then censorship. As noted in passing by the appellate court, the trial court ordered Eldridge to

draft a 2,000-3,000 word essay on the following subject: “Respect for the Court System is Essential to the Fair Administration of Justice,” forward the essay to Judge Coward for approval, and following approval, post the essay on all social media or internet accounts that defendant owns or controls or acquires hereafter during his period of probation and attributed to defendant, without negative comment or other negative criticism by defendant or others, during said period of probation…

The judge and the appellate court insisted that judges have discretion under section 15A-1343 of the North Carolina General Statues (“Conditions of probation”) to “impose conditions of probation reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so.” N.C.G.S. § 15A-1343(a). “

What is astonishing is that the appellate court spends relatively little time on the publication and censorship elements of the orders. Instead, it spends pages on easy questions like the contempt sanction and a recusal motion. After describing the extraordinary order on the essay and censorship, the court simply notes that :[d]espite defendant’s argument that his sentence was ‘contrary to law,’ he cites to no authority in support of that argument.”

Even if true, that does not relieve the responsibility of the court to be satisfied that the opinion is not contrary to constitutional law.

The cursory treatment given by the appellate court seems almost verbose in comparison to the less than one page long decision upholding the appellate court by the North Carolina Supreme Court.

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