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John1956PA

(4,972 posts)
69. Plaintiff would argue that her standing is equivalent to plaintiff's in Butterworth v. Smith.
Mon Jan 5, 2015, 08:44 PM
Jan 2015

From Butterworth v. Smith, 494 U.S. 624 (1990):

At the same time, we have recognized that the invocation of grand jury interests is not "some talisman that dissolves all constitutional protections." United States v. Dionisio, 410 U.S. 1, 11 (1973). Indeed, we have noted that grand juries are expected to "operate within the limits of the First Amendment," as well as the other provisions of the Constitution. Branzburg v. Hayes, 408 U.S. 665, 708 (1972). See also Wood v. Georgia, 370 U.S. 375 (1962). We must thus balance respondent's asserted First Amendment rights against Florida's interests in preserving the confidentiality of its grand jury proceedings.


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That's an interesting turn of events. Hoyt Jan 2015 #1
Sue for what, and can she sue a public official? I can see how the families can file civil rights still_one Jan 2015 #2
Of course you can sue public officials Bjorn Against Jan 2015 #3
got it, thanks still_one Jan 2015 #12
Sue to allow grand jurors on that case to talk about it. LiberalFighter Jan 2015 #4
thanks still_one Jan 2015 #9
Sue to be able to speak out on the GJ proceeding 4139 Jan 2015 #5
Transparency is *always* a good thing. Feral Child Jan 2015 #10
The grand juror lacks legal standing. ColesCountyDem Jan 2015 #6
Psychological damage? Feral Child Jan 2015 #8
No harm? Pantagruelsmember Jan 2015 #11
She can claim and prove harm to her reputation and character cosmicone Jan 2015 #14
Your signature quote speaks to the juror's need to make the proceedings public. displacedtexan Jan 2015 #15
What? Elmer S. E. Dump Jan 2015 #17
I disagree ... 1StrongBlackMan Jan 2015 #19
I, too, cannot see how the juror has any standing in federal court (or state court), branford Jan 2015 #30
Of course the grand juror is being harmed as their first amendment rights are being restricted. PoliticAverse Jan 2015 #60
Butterworth was a witness, not a grand juror. ColesCountyDem Jan 2015 #84
Since the prosecutor released info to the public, those that have discovered AtheistCrusader Jan 2015 #34
What legally protectable interest does the grand juror have? ColesCountyDem Jan 2015 #37
Federal question jurisdiction. Plaintiff's right to free speech is being abridged. John1956PA Jan 2015 #45
Your argument assumes the grand juror has a right to speak about the proceedings. ColesCountyDem Jan 2015 #46
Butterworth v. Smith, 494 U.S. 624 (1990), gives the witness the right to speak after adjournment. John1956PA Jan 2015 #50
And I would counter with Federal Rules of Criminal Procedure Rule 6(e)(2)(B)(i). ColesCountyDem Jan 2015 #53
First, that rule is federal, not state. Jim Lane Jan 2015 #57
I realize it's a federal rule, but the point is... ColesCountyDem Jan 2015 #63
Ah...but you haven't considered the intervenors. nt msanthrope Jan 2015 #64
Why would I? ColesCountyDem Jan 2015 #65
How does this juror not have standing? They were handed three statutes and threatened with msanthrope Jan 2015 #66
Do you know what standing is? ColesCountyDem Jan 2015 #67
Um...as a criminal defense attorney who has practiced in both state and federal court, yes. msanthrope Jan 2015 #68
No, I'm applying it correctly. ColesCountyDem Jan 2015 #74
You are very carefully ignoring the threat of prosecution described in the Complaint. That, my msanthrope Jan 2015 #77
I'm not ignoring it-- it simply isn't there. ColesCountyDem Jan 2015 #78
You and I (and the ACLU) will have to agree to disagree. nt msanthrope Jan 2015 #79
Indeed. n/t ColesCountyDem Jan 2015 #83
Plaintiff would argue that her standing is equivalent to plaintiff's in Butterworth v. Smith. John1956PA Jan 2015 #69
Note, too, that the Plaintiff has already been threatened with prosecution--- msanthrope Jan 2015 #70
Every grand jhuror is threatened with prosecution, if the reveal details of the proceedings. ColesCountyDem Jan 2015 #75
Standing is different from the merits Jim Lane Jan 2015 #88
I'm aware of what standing is. ColesCountyDem Jan 2015 #90
You and I have different views of standing. Jim Lane Jan 2015 #91
We do indeed. ColesCountyDem Jan 2015 #92
Butterworth involved a witness, a reporter, not a grand juror. ColesCountyDem Jan 2015 #76
Your argument is essentially that grand juries violate the First Amendment. branford Jan 2015 #47
Lawsuit seeks to have juror exempted from the MO law requiring that he/she remain silent. John1956PA Jan 2015 #7
Off topic. Feral Child Jan 2015 #13
WOW ... 1StrongBlackMan Jan 2015 #16
I still have hope for justice in this case.. mountain grammy Jan 2015 #18
Post removed Post removed Jan 2015 #20
Who is this "some" you speak of? starroute Jan 2015 #23
Results bravenak Jan 2015 #25
Not sure I see how jurors justify hiding a post because they disagree with it. Dark n Stormy Knight Jan 2015 #55
No, the dual NY police killing was not a reflection of Ferguson. vkkv Jan 2015 #24
Gutsy post, sad but true. nt brush Jan 2015 #26
Nothing "gutsy' about it heaven05 Jan 2015 #27
It was stupid. bravenak Jan 2015 #29
I agree that no one wants dead cops . . . brush Jan 2015 #39
I was just disagreeing with the justice part. bravenak Jan 2015 #43
I interpreted it differently brush Jan 2015 #36
Post deleted. I admit when I'm wrong. Feral Child Jan 2015 #52
Again, please see my reply to bravenak above brush Jan 2015 #56
Post deleted. I admit when I'm wrong. Feral Child Jan 2015 #58
Unbelievable! brush Jan 2015 #62
Post deleted, I admit when I'm wrong. Feral Child Jan 2015 #85
The cop killer was obviously crazy brush Jan 2015 #87
Bullshit. Killing those random cops wasn't "justice" of any kind, and only an idiot would think so. arcane1 Jan 2015 #32
Well, look up Khadijah Lynch of Brandeis U, who had "no sympathy" for the cops, 7962 Jan 2015 #80
An apology to DUer "brush" Feral Child Jan 2015 #48
Pls see my reply to bravenak above. nt brush Jan 2015 #49
Only dumb-asses and/or people with an agenda would say that "Justice Has Been Dispensed". arcane1 Jan 2015 #31
I was going to comment on how this juror could not have known what was going on, until I niyad Jan 2015 #21
BINGO!!! Even if she doesn't speak the proffering of the Lawsuite speaks even louder... uponit7771 Jan 2015 #22
Where is the popcorn? blackspade Jan 2015 #28
All Juror Doe needs to do is say just enough in avebury Jan 2015 #33
If the decision was made to prosecute the grand juror, branford Jan 2015 #35
Why would anyone want to be charged with a crime Curmudgeoness Jan 2015 #38
I don't actually think that they would charge the person avebury Jan 2015 #51
What is the penalty lancer78 Jan 2015 #40
Why is the prosecutor allowed to discuss the GJ..... daleanime Jan 2015 #41
I think this is the reason the lawsuit has a real chance of succeeding Bjorn Against Jan 2015 #42
better link alp227 Jan 2015 #44
"The county prosecutor admits that some of the witnesses were lying" wordpix Jan 2015 #89
The more attention brought to this troubling matter - the Better! laserhaas Jan 2015 #54
Kicked Enthusiast Jan 2015 #59
The process was flawed and designed to produce a no bill Gothmog Jan 2015 #61
Add criminal charges for misuse of public office. DeSwiss Jan 2015 #71
Wow! K&R Number23 Jan 2015 #72
Fighting Court Secrecy, Ferguson Juror Sues to Break Gag-Order Judi Lynn Jan 2015 #73
Despite my personal doubts and misgivings about standing, injury and other matters branford Jan 2015 #81
If McCulloch had nothing to hide, he wouldn't insist on a gag rule. n/t. Ken Burch Jan 2015 #82
The grand jury secrecy rule is state law, and consistent nationwide. branford Jan 2015 #86
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