Thoughts? Something like "thank goodness there are courts of
appeal...."

Jim Maule
Professor of Law, Villanova University School of Law
Villanova PA 19085
[EMAIL PROTECTED]
http://vls.law.vill.edu/prof/maule
President, TaxJEM Inc (computer assisted tax law instruction)
(www.taxjem.com)
Publisher, JEMBook Publishing Co. (www.jembook.com)
Owner/Developer, TaxCruncherPro (www.taxcruncherpro.com)
Maule Family Archivist & Genealogist (www.maulefamily.com)




>>> [EMAIL PROTECTED] 06/02/03 11:43AM >>>
        Any thoughts on this?

Adam Liptak, http://www.nytimes.com/2003/06/02/national/02INTE.html:


Katy Johnson, who was Miss Vermont in 1999 and again in 2001, uses her
[Web]
site to promote what she calls her "platform of character education."

"She is founder of Say Nay Today and the Sobriety Society," the site
says,
"and her article `ABC's of Abstinence' was featured in Teen magazine."

Tucker Max's site promotes something like the opposite of character
education. It contains a form through which women can apply for a date
with
him, pictures of his former girlfriends and reports on what Mr. Max
calls
his "belligerence and debauchery."

Until a Florida judge issued an unusual order last month, Mr. Max's
site
also contained a long account of his relationship with Ms. Johnson,
whom he
portrayed, according to court papers, as vapid, promiscuous and an
unlikely
candidate for membership in the Sobriety Society.

The order, entered by Judge Diana Lewis of Circuit Court in West Palm
Beach,
forbids Mr. Max to write about Ms. Johnson. It has alarmed experts in
First
Amendment law, who say that such orders prohibiting future
publication,
prior restraints, are essentially unknown in American law. Moreover,
they
say, claims like Ms. Johnson's, for invasion of privacy, have almost
never
been considered enough to justify prior restraints. . . .

Judge Lewis ruled on May 6, before Mr. Max was notified of the suit
and
without holding a hearing. She told Mr. Max that he could not use
"Katy" on
his site. Nor could he use Ms. Johnson's last name, full name or the
words
"Miss Vermont."

The judge also prohibited Mr. Max from "disclosing any stories, facts
or
information, notwithstanding its truth, about any intimate or sexual
acts
engaged in by" Ms. Johnson. That prohibition is not limited to his Web
site.
Finally, Judge Lewis ordered Mr. Max to sever the virtual remains of
his
relationship with Ms. Johnson. He is no longer allowed to link to her
Web
site. . . .

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