video case to be argued November 6, 2006 at 9:30am in Boston.
Posted in the Worcester County Forum
#1 Sep 27, 2006
September 27, 2006
United States Court of Appeals schedules video case to be argued November 6, 2006 at 9:30am in Boston.
DA Conte previously sought actions against site.
A back door attack on the Constitution conducted by Worcester District Attorney John J. Conte will be exposed in the Unite States Court of Appeals in Boston on November 6, 2006. Attorney Eric Bradford Hermanson will present the argument contained in the Brief of Plaintiff before the court.
Aging and unprepared for the reality of the internet, District Attorney Conte has never been able to explain away the contents of the Conte2006.com web site.
This site was not based on derogatory positions but rather documented particulars in cases were questionable actions were substantiated, which was perhaps the most politically damaging factor.
Upon public release of conte2006.com , November 6, 2004, DA Conte began the use his elected office as a vehicle to have the site taken down. The conte2006.com site was lunched originally anonymously in protest to the lack of accessibility to DA Contes office.
First, a July 15, 2005 complaint was filed with registrar of the Conte2006.com site for a nonfunctioning email address. This was quickly rectified.
Second, September 12, 2005 a tracking records display an interaction between Tucows and the Worcester DA Contes office in regards to a letter received from a "Massachusetts Police Department" reporting the conte2006.com for a criminal violation of the exception O law for listing the address of District Attorney Contes employees for their political contributions to his campaign. The Conte2006.com web site was removed from the internet.
The site was promptly returned when the presentation of a criminal violation was quickly exposed as false when the political contributions were proven to be public records obtained from the Office of Campaign and Political Finance, Commonwealth of Massachusetts web site.
The third attack on the Conte2006.com web site by District Attorney Conte was a means of censorship of an arrest video which exposed his C-Pac State Police Troopers who were captured inadvertently by a nanny cam conducting a search of the home of Paul Pechonis without a warrant.
February 14, 2006, a cease and desist letter was issued which stated in part, it has been brought to the attention of the Massachusetts State Police and further declares failure to remove the video may result in possible prosecution. This prosecution would then fall under the jurisdiction DA Conte allowing him a venue for criminal actions against the conte2006.com web site.
This attempt by DA Conte was so vagrantly in violation of First Amendment protection; US Federal Judge Dennis Saylor IV issued a temporary restraining order, which was later converted into a preliminary injunction.
The Preliminary Injunction was appealed by Massachusetts Attorney General Thomas Reilly.
The outcome of this third maneuver towards the Conte2006.com web site does not appear reflective of the result Worcester District Attorney John J. Conte originally sought to obtain.
This video case however may insure First Amendment, Constitutional protection for all United States citizens who post, publish or blog on the internet as well as those who are employed in traditional media outlets.
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