Family Court Judges’ Unconstitutional Gag Orders On Parents

November 3, 2014

Family Court Judges’ Unconstitutional Gag Orders On Parents

Brian Shilhavy
Health Impact News Editor

Since we have been publishing the stories of parents who have had their children seized by medical authorities and social service agencies over medical disputes, twice now we have had family court judges tell us, via the parents, to take down our stories because the parents were supposedly violating their gag orders.

Well, there is just one problem with those gag orders and judges’ orders to remove parents’ stories from the media: they are unconstitutional according to some of the top legal authorities in the United States.

When Lou Pelletier broke the gag order that Judge Joseph Johnston of the family court in Massachusetts placed on him regarding the medical kidnapping of his daughter Justina, he was threatened with contempt of court. But by disobeying the judge’s gag order, the Pelletiers gained national media exposure.

One person who spoke out and offered free legal advice to the family was the renowned Harvard law professor and Civil Rights expert Alan Dershowitz. Dershowitz came out and stated that the gag order was clearly unconstitutional.

The national group Liberty Counsel then took up the Pelletier case. In their Case of Justina Pelletier Fact Sheet, their attorneys stated:

Gag Order: The Juvenile Court imposed an unconstitutional gag order upon the parents to prevent them from speaking to the media about this case. After the father spoke to the media, DCF sought to hold him in contempt. Liberty Counsel began representing the Pelletiers and submitted a brief in opposition to the enforcement of the gag order. DCF then agreed to drop the contempt motion, the judge dissolved the gag order, and the judge ordered the return of Justina’s medical care back to Tufts Medical Center and Dr. Korson, where she had been treated before the ER visit.

These gag orders are obviously nothing less than intimidation tactics trying to scare parents into giving up their constitutional rights to free speech. Sadly, many of these parents cannot afford private attorneys, and are forced to accept court appointed ones. In one of our current stories, the court appointed attorney is trying to get the mother to plead guilty and give up all her rights, rather than fight to get her child back. She is hoping one of the national organizations like Liberty Counsel will take up her case.

For more information about how family court judges operate, see:

Medical Kidnapping Business: Judges Skirting the Law for Federal Funds

Published on November 3, 2014

Tags: gag orders, judges, medical kidnap|

18 Comments

GETTO FREE PRESS June 10, 2019 at 11:02 am - Reply

Linda said:
The thing is families are not gagged in the court but all the words are recorded in court. What ever one says in the courts is just more notes for the court.
its a world of corruption. No other words- We here there days are numbered. Who knows’?




TAKING OUR CHILDREN AND GETTING PAID AT THE SAME TIME. 
    VIDEO 1. TAKING OUR CHILDREN 
    VIDEO 2. TRUTH MUST BE TOLD ON BEHALF OF TRUTH:  
    ============================================
  Machelle Parsons
    SENT TO THE GETTO FREE PRESS ON JUNE 6, 2019.G.B.R.
  "There I s no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System. "
      Judge Brian Lindsay 
 Retired Supreme Court Judge
 New York, New York

Linda November 27, 2018 at 2:12 pm - Reply

The thing is families are not gagged in the court but all the words are recorded in court. What ever one says in the courts is just more notes for the court.

its a world of corruption. No other words- We here there days are numbered. Who knows’?

Laura A Cavness July 4, 2018 at 10:25 pm - Reply

Judge Pamala Svoboda ordered me to stop posting on my blogs and my Facebook about my case last November. I refused knowing the truth had to get out there if I am ever going to see my little boy again. CRIMINAL CONTEMPT CHARGES WERE THEN FILED AGAINST ME BY THIS JUDGE AND THE ATTORNEY GENERAL’S OFFICE WAS BROUGHT IN TO HELP PROSECUTE. ALL OF A SUDDEN JUDGE SVOBODA WAS OFF THE CASE AND I HAD A PUBLIC DEFENDER NOW THAT JAIL WAS IN MY FUTURE.

Judge Kevin Wein was just appointed by our Governor Doug Ducey and my case is now in his court. My trial was postponed twice and Assistant Attorney General Tarah White prepared her pre-trial statement against me with only 48 hours to spare before it began on April 25, 2018.

I was facing over 90 counts of CRIMINAL CONTEMPT for texting my son daily for the 17 months we have been kept apart. I love you, I miss you, Happy Easter, Merry Christmas, Happy Birthday….all came with xoxo and signed Mama.

My trial began with Judge Wein and all the lawyers meeting in chambers for over an hour while I sat in the courtroom alone not allowed to defend myself in the secret deal made between my public defender and 5 lawyers who wanted me kept quiet. When my trial resumed my lawyer gave me no choice as she told me to plead guilty to 11 counts and take the 5.5 years in jail that came with it. Jail would be deferred IF I PROMISED NEVER TO WRITE ABOUT THIS CASE ANYWHERE ONLINE AND NEVER CONTACT MY SON AGAIN. MY BLOG WOULD HAVE TO COME DOWN AS WOULD MY FACEBOOK PAGE ABOUT THIS CASE. MY ACTIVITY ONLINE AND ALL ATTEMPTS TO CONTACT MY SON WOULD BE MONITORED FOR A COURT ORDERED STATUS HEARING HELD EVERY 3 MONTHS TO DISCUSS MY COMPLIANCE.

Judge Wein read off each text message and asked me if I was guilty? Of course I was and admitted it freely. Texting my son ‘I love you George’ was now a crime as were the remaining 10 counts I pled guilty to that morning. I was fingerprinted right there in the courtroom in front of the lawyers and my ex-husband as they "high fived" each other and congratulated themselves on their victory. All of the players and I would meet in that same courtroom only a month later as I was accused quickly of violating the court order.

In the Order to Appear from Judge Wein the same 5 lawyers accused me of leaving a 3 minute voicemail on my sons phone where I told him about my day in court. The voicemail came from my phone number and was recorded where I could be heard telling my George every detail of the trial. I had violated the court order and my punishment was a unanimous decision by the lawyers and in my sons best interest…5.5 years flat time in jail. The very busy Maricopa County Family Court set my trial date of the following week.

I never made this phone call. I had the proof in my cellphone call log from my provider and the many apps on the Android Smartphone that track your activity without the need to download. I had made a promise to the court and I stuck to it knowing I couldn’t do my son any good from jail. I was bullied into submission but without a lawyer I had no chance to appeal the decision. I could never afford a lawyer and niether could Community Legal Services who told me the funding needed to fight the Public Defenders Office was not there and turned down my case. My Public Defender was too busy to take my calls that week before my trial and when she showed up to represent me that morning I handed her my call log I planned to use as my only defense.

Judge Wein listened to an hour of testimony before the "recording" was finally played. Three CD players were brought to the courtroom in that hour one by one as the CD wouldn’t play in any of them. The winning player played a recording of the teacher we all remember from the Charlie Brown Specials. Peanuts-like sounds of "wha wha wha wha" into a megaphone played as evidence for less than 3 minutes as the judge told them to shut it off half-way through and called the lawyers to the bench for a discussion. In the Order to Appear the lawyers claimed mohave hearths CD and agreed it proved I was guilty. They agreed my punishment should be jail because of what was on this CD. After a short sidebar Judge Wein found there was not enough evidence to convict me and the State had not proved their case.

The dream team should have been charged with perjury over this CD as they all kept their heads down while Judge Wein ordered me to take my sons phone number out of my phone and warned me I would serve that 5.5 years flat time if I called George by mistake or "butt dailed" my son until he was 18 years old. What about the lawyers who brought me to court that day swearing that CD would put me in jail? No "high fives" that morning.

My fight to bring my son home continues. Yesterday I filed a Motion to Dismiss this case from the very beginning. Without a word from my son in 17 months, not one glance at his smile 510 days I am sure his mental and physical health is in danger. George lives with the very lawyers who broke every law and committed perjury 17 months ago in a Hearing Held Without Notice to make sure I was not in the courtroom to object to all of it. George would have never left his home with me had the judge heard from anyone else but the 3 lawyers that morning. I have never had one day in court to present my case or evidence. Yesterday I was again denied a hearing as the judge did not think my case was an emergency. He is giving the other side 20 days to respond to my Motion. My son and I will spend at least 20 more days in the dark not knowing what has happened to the other. That is child abuse.

I was George’s mother for 15 years and 9 months before that. George lived with me, loved by me his whole life. I was granted sole custody in my divorce 6 years ago. We had a beautiful home where George was happy, healthy and growing up so fast into a young man I was so proud of. His teachers loved him as he was always a good student. He was very popular not only at school but in our community as a enthusiastic Boy Scout, blogger and President of his research club at the Phoenix Public Library. Not one day went by without George checking in at home even when on camping trips with Boy Scouts he would call to tell me all about his day. He was a mama’s boy but nothing is wrong with that but it does add to the fear of the days and months that have passed with no word from my son.

Brad Miller August 6, 2015 at 6:31 pm - Reply

Speaking out anyway is an option, but you definitely risk jail. Narcissists cannot stand having people expose them, and you can expect the judge to lash out at you. The media often ignores Family Court cases–especially divorce cases–because they think it’s just another case of “he said/she said,” and proof is hard to come by. Or they’re just jaded and think there’s nothing that can be done. For every case the media covers, tens of thousands–or hundreds of thousands–go unexplored. It’s a travesty.

Brad Miller August 6, 2015 at 6:10 pm - Reply

Many of these Family Court judges are essentially criminals. As has been said, the only way they get away with abuse like this is that the public is unaware of it. Much of whar takes place in Family Court is, by design, secret. That secrecy conceals the abuse, and perversely, the judges have the power to gag the only witnesses.

People like this are often mentally ill–usually with Narcissistic Personality Disorder, or related illnesses like Borderline Personality Disorder and Antisocial Personality Disorder, all of which can overlap. They appear normal on the surface, but behind closed doors, they are abusive.

People like this are called “Narcissists,” “Sociopaths,” or “Psychopaths.” They have a pathological need to control others. Often that need extends into abuse–or even sadism, if that abuse gives them pleasure. They do not feel empathy. For that reason, they do not show compassion. This behavior is due a brain circuitry defect–it can be seen in a functional MRI scan. There is no cure. Therapy does not help people like this, and it often just makes them morev effective abusers. 

Unfortunately, when it comes to Family Court judges, there are no standards for legal or mental competence. Even obvious mental illness isn’t grounds for exclusion from holding office. And the power of the office attracts sociopaths like vultures to carrion. It’s a nightmare scenario that almost nobody is aware of. This cannot be allowed to continue in this country.

The only antidote is publicly. Tell everyone you can, and if you are gagged, fight like hell to get it lifted.

Admin August 6, 2015 at 6:22 pm - Reply

“Tell everyone you can, and if you are gagged, fight like hell to get it lifted.”

Or ignore and speak anyway, knowing you have the Constitution on your side, letting them decide if it is worth prosecuting or not. That is what Lou Pelletier eventually did in the case with his daughter, Justina. He was very fortunate to get some big name media people to cover his story, like Glen Beck, Mike Huckabee, Dr. Phil, etc.

justflyrobin April 7, 2015 at 10:11 pm - Reply

Do any of you know how to get signed up as a part of a class action suit here in NYState?

panderson39 May 18, 2015 at 8:12 am - Reply

Glen Gibellina go to http://www.nationallibertyalliance.org Committees CPS/APS Joint action lawsuit.

Glen Gibellina March 15, 2015 at 6:48 am - Reply

what the corrupt family courts really need is more exposure to their tactics and unconstitutional policies that happen every day across this great nation and our local courtrooms this must stop.

Alana February 27, 2015 at 1:14 pm - Reply

I was given a gag order in district court in Nebraska over a custody dispute. I was ordered not to say “he treated me.” Those words were not allowed to leave my mouth. But my children’s father was allowed to ramble on and on about how unfit and bizarre I was, and was never reigned in. Also, the judge and court reporter constantly complained that I spoke too fast. No matter how I tried, my rate of speech was never tolerable. Looking back, I suspect this was an excuse for the court to leave out key points from my testimony

Laurie May 16, 2015 at 8:32 pm - Reply

I was also put under a gag order in Nebraska! But mine was in Juvenile court. Nebraska is a bad state for failing to uphold peoples rights.

 “The object of the gag order is clearly to restrain the parents’ constitutional right of free speech. The right of free speech is “constitutional bedrock” and a right by which other freedoms, such as assembly and free press, are given meaning and power. Therefore, the right which is the object of the gag order can hardly be considered a “mere technical right.” The orders at issue are obviously a “prior restraint” on the parents’ right of free speech, and while they are not unconstitutional per se, there is a “`heavy presumption'” against their constitutional validity. See Southeastern Promotions, Ltd. v. Conrad, 420 U. S. 546, 558, 95 S. Ct. 1239, 43 L.Ed.2d 448 (1975). Thus, we readily conclude that the object of the January 2, 2009, order is of “sufficient importance” under the continuing order doctrine to make it appealable.”
In Re Tt, 779 N.W.2d 602 (Neb. Ct. App. 2009)

Stacy August 5, 2015 at 8:01 pm - Reply

Nebraska gag order here too.  And they hid the court  file in the judge’s chambers so no one could see it. To this day I have people tell me they tried to go read my file and were told it is “sealed”.  It was sealed throughout the custody battle but then the seal order was rescinded. But the clerk tells people its sealed.  I was gagged through all of it however. Its baloney, they do it so the media or someone who might DO something about it will never see the case.

Lover of Truth January 22, 2015 at 6:31 pm - Reply

The only way to get this to stop from habitually happening is to create laws stating without formal charges upon parents for abuse child cannot be removed. Furthermore if such charges result in an acquittal they need to be immediately returned.

Frank Jackson November 29, 2014 at 12:26 pm - Reply

My wife and I and our two sons were gagged in the court in New Zealand – the State wanted to protect the child sex gang which had raped our under age daughter. I encourage you to read our nightmare experiences here: http://bit.ly/ourNZexperience

Craig November 27, 2014 at 6:44 pm - Reply

Mr. Nuzzo, I am so sorry to hear of your experience.  That borders on insanity that they would go forward with this.  Rest assured there will be a day of reckoning for those who are so corrupt and evil.  They will have their day in an eternal court and will not escape the damnation of eternal hell.  God has your back and when your Samantha turns 18 she can do as she pleases.  Unfortunately, it takes the public exposure like Justina’s case to raise public awareness.  Now with the Diegel sisters in Phoenix, and many other cases that are starting to come to light, your case may not have happened entirely in vain.  The more we find out about these, the more we can raise awareness of the systemic abuses occurring.  When it’s just one or two isolated cases, not much attention will be gained.  But as more and more get spotlights on them, the more the light will shine.  Hopefully, the light will get so bright with the egregious abuses that legislators will finally wake up and see what’s happening.  Take the energy you have that feels so undirected and begin working towards that end.  Document everything.  Write a book and self-publish, if you have to.  Tell your story.  Name names.  Make them accountable somehow.  They may have won some battles, but you’re still alive and Samantha is still alive.  There’s still something to fight for.  Fight with everything you have to save another family the heartache you have experienced.

Christopher Nuzzo November 18, 2014 at 12:42 pm - Reply

I had a gag order put on me at the same court house as the Pelletier family did. They forced me to remove a “happy birthday Samantha” that I posted on my Facebook page. My case started a month before theirs and a few months after their case ended mine did too, but mine ended with my parental rights being taken and a forced adoption. 

I was unfortunate to not get the media exposure that the Pelletier family did, therefore I was bullied and tormented by the bottomless pockets of the state run Massachusetts dcf system. I filed complaints everywhere imaginable, but without public exposure no one does anything to control dcf’s abuse of power. The umbudsman, whom is supposed to check into reports against dcf, actually laughed at my aunt and I when we were trying to file a complaint. 

This has been the worst experience of my life and the feeling is just a few steps away from someone murdering your entire family. The worst part of it is that our tax dollars actually pay these  people to do these things to us. After a traumatic event such as this it’s pretty difficult to be a functional human being. We are here to be the protectors of our children, and when that task is stripped away, it can be very difficult to find any other task or goal meaningful ever again.

Lover of Truth January 22, 2015 at 7:29 pm - Reply

Are you willing to share your story. You’d have more than one earnest listener.

valette clark March 15, 2015 at 8:43 am - Reply

Gag order for life here. Tried to have it lifted when all of the children were adults but the judge said no, it is a “final order”. See article and video: http://www.dailykos.com/story/2014/11/06/1337710/-PA-Allegheny-County-Family-Court-Judge-Kathleen-Mulligan-issues-Gag-Order-for-life-in-divorce-case