Part II.

In writing these articles we hope to alleviate fears, encourage individuals to stop posting harassing threats of imminent lawsuits and educate ourselves and others as to exactly what constitutional protections are afforded to each of us. We also hope that these articles stimulate debate on the topic of internet postings, the right of free speech and the limits imposed by the current case law.

Freedom of speech is at the heart of America’s unique sense of liberty and democratic values. Justice Louis Brandeis wrote in Whitney v. California (1927), that

“freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth… order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones… the best test of truth is the power of the thought to get itself accepted in the competition of the market.”

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Those of us who have been following the investigations and subsequent lawsuits surrounding the deaths of Anna Nicole Smith and her son Daniel Wayne Smith have at one time or another been threatened with exposure to lawsuits, physical violence and other sundry unmentionable acts. At times, I have felt embarrassed, humiliated, angered, outraged, amused and frustrated. But lately the dominant emotion has been disbelief. Disbelief, that human beings can behave in a manner that I never imagined before joining the list of interested citizens reading and voicing my opinion on the subject.

Many have expressed their frustration over the perception that their fundamental right to free speech has been threatened and at times thwarted by persons involved in this whole mess of a media and legal circus. Most of these rants have no basis in fact or law and the problem is easily remedied by simply clicking on the “red x” in the corner and retiring with a good book. But not all the concerns expressed can be so casually dismissed. As tawdry and at times silly as some of this is, there are profound legal and moral issues involved.

( Need not be registered to comment but see rules below. Thank you.) Read the rest of this entry »

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No family enjoys the tasks that inevitably come with planning a funeral or the death of a loved one and it’s even harder to deal with after a death.

My family and I decided with the failing health of a family member that we wanted to get that part out of the way before, rather than after. Cemetery lots in a beautiful location have been purchased.. Step two was a memorial stone. We chose one yesterday.

Looking at the monuments naturally reminded me of Anna Nicole Smith and her son Daniel Wayne Smith whose Bahamian graves are unmarked to this day even though a year and a half has passed since the death of Anna Nicole and two years is fast approaching since the death of Daniel.

On June 20th 2007, Art Harris, thebaldtruth.com who was writing many “exclusives” about the Anna Nicole and Daniel Smith deaths announced in an article; “Exclusive: New Details on Gravestone For Anna; Wanted: Flawless, 7 X 8 Foot Slab of Granite; Stern and Birkhead Hunt “Perfect” Memorial; TBD Anna & Daniel Photo To Be Etched in Stone”.

Following a guest article written for this site about the condition of the graves which were reported as barren without even a ground vase, “rosespeaks.com” on January 5th 2008, published a blog article citing Harris’s article above and a press release from a Woodland California firm, Aquarius Laser Etching and Design

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As I wrote a few days ago, there are many facets and people from all walks of life involved in the story of the deaths of Anna Nicole Smith and her son Daniel Wayne Smith. One sector is the infinite world of the internet and its bloggers.

Howard K. Stern's attorney Lin Wood wrote a piece entitled "Litigating in the Court of Public Opinion". 

I personally have not read any of his work but the title is intriguing in that some of the folks in the internet part of this story are what I consider warriors for the truth. Their truth. These warriors come from all over the world.

Those of like minds who have gathered together to discuss this case are very passionate about it. They are shaping public opinion. Some realize it and work hard at it. Some just like the discussion and arguing. However they indeed are making a difference concerning what the public thinks about the premature deaths of Anna Nicole and Daniel. And they do matter and will be heard in the various lawsuits. Maybe not right out front but they are there. And so am I.

I suppose that is why Mr. Lin Wood checks in on my site most every day. He knows from experience that we are a part of these cases. I’m kind of busy in the summer time so I don’t have too much to say. Things will be more active as we move into fall Mr. Wood, so keep checking back.

Without further commentary from me, I would like to present another article written by the blogger known as Einy. Her group experienced first hand how involved and even scary this case has become for some of us that are said to be unimportant. And as these civil lawsuit cases move on, I fear more of the same of what Einy is writing about.

Click on over to The Red Couch to read “Trick or Treat, Why Go to a Costume Party Without a Costume?” Written by Einy..

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Today, a compelling argument was presented by Virgie Arthur attorney Neil McCabe of the O’Quinn Law Firm. This concerns the late Anna Nicole Smith mother’s lawsuit against bloggers Rose and Ken Turner in conjunction with her defamation action against Howard K Stern and CBS Studios. Other defendants requested to be added to the suit include journalist Art Harris, Harvey Levin and TMZ.com, Bonnie Stern, Howard’s sister and two moderators from the Turners website, Lyndal Harrington and Teresa Stephens.

The Turners, seeking to transfer venue in a manuver to sidestep a subpoena requesting their computer records, cite First Amendment objections. At the same time, McCabe outlines how Mrs Turner on her website “objects to the subpoena in religious terms relating to her domestic practices”. For those not aware, Mr and Mrs Turner practice the BDSM lifestyle and apparently have attempted to claim the lifestyle as a religion in statements made on their internet site.

An interesting notation is how Turner’s commentary sparked internet discussion prompting the creation of an article published on The Red Couch by bloggers known as Kerry and Einy. The article title pretty much says it all.

Read; Why Being Made To Sit In The Corner Is Not Foreplay Or Worship,The Anna Nicole Smith Saga Through Rose-Colored Glasses.

The Sur-Reply filed in the United States District Court of Eastern Texas. 060408_Arthur_Sur-Reply_Turner was provided by one of our members. Thank you.

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