Local Web Site Shut Down by Overreacting Judge

A heavy handed Judge in Fond du Lac County, Wisconsin ordered a local web site shut down on the basis of the filing of a lawsuit. No hearing was held to determine of contested remarks were defamatory or if the remarks were removed by the site owner.

A heavy handed judge from Fond du Lac County, Wisconsin ordered a local web site shut down for at least thirty days.

The order came as the result of a lawsuit filed by the Winnebago County Clerk of Courts, Diane Fremgen. She alleged that comments naming her were left on the Full of Bologna web site (fullofbologna.com); and these comments were defamatory; and claimed they implied â€œeither lewd, lascivious, or adulterous sexual conduct.â€

The site owner,Dennis Payne, stated the comments were left by an anonymous donor, and he removed them when he became aware since the comments were violating board rules.

Fremgen is demanding $100,000.00 in monetary damages plus $500,000.00 in punitive damages. Her attorney argued that this was about impugning the chastity of women. I’m not sure what that says about the value of the chastity of men.

For some reason, Judge Robert Wirtz ordered the site shut down for at least thirty days rather than removal of the offending comments. He made a unilateral decision without any remedy on the part of the web site owner.

In one prior case regarding this type of blatant judicial ignorance, Trummel vs. Mitchell, a judge locked Trummel in jail and refused to allow him to post anything to his web site. The Washington State Supreme Court voted unanimously to overturn based on prior restraint. The trial court judge was playing games with his justification of the orders.

The Oshkosh case is also prior restraint and imposed without any reasonable remedy. The case is heard in Fond du Lac County because it involves a public official from Winnebago County. Based on prior cases heard in Fond du Lac County that I have followed, I don’t believe the judges there are too concerned with civil liberties.

As far as the lawsuit, it is ridiculous. Unless the comments were such that community members would tend to believe them which would say much about the Winnebago County citizens. Now, the filing is legal and within the rights of any citizen. The judicial trying of facts is part of the process. The requested damages are excessive in my opinion. The judge’s behavior in imposing prior restraint is suspicious.

I know however, that come election day, if there is an opponent to Fremgen, that person will get my vote.

The web site is planning on restarting on 3 April, 2006.

Update 3 April, 2006: Web site back

An agreement was reached between the plaintiff and defendant. The plaintiff will drop the case and not pursue damages. The defendant agreed to bar any postings mentioning Fremgen or her husband. The defendant agreed to censor postings (by removal) which mention explicit sexual acts about others.

The judge lifted his injunction.