Aside from the obvious First Amendment issue, there is no provision in Arizona Injunction law allowing courts to take away your gun in a Civil Injunction! Having proved this once, having petitioned the Supreme court twice, now a federal civil rights lawsuit, suing the Justices of the Arizona Supreme Court to force them to obey the law.
The only good news was that JP Judge Karen Slaughter, probably under the spotlight of publicity, saw the error of her ways and vacated her unlawful order hours before Michael had his day in court.
Then it happened to our blogger! He was deprived of his gun rights simply because some lady, who lives 120 miles away in the small town of Prescott, Arizona, didn't like what she read in his blog! Apparently, neither did Yavapai Superior Court Judge Kenton R. Jones. This is crazy!
[Click here to skip directly to the federal complaint.]
Look, as Christians, we're not condoning calling anyone a "turd." But you know, you have the right to free speech in our county. Even if it upsets people, as with the Westboro Baptist Church group. The U.S. Supreme Court said so. If you really go too far and utter a true threat, well, there are laws for that already. It's called assault. (But Councilman Winslow did not call the cops on Michael. Lord knows he could have. The cops (i.e. Chief Gilbert) in Quartzsite have gone crazy arresting people.) Or if you go too far and slander someone, there are laws for that too. It's called Defamation. There are legal remedies for that too.
But an Injunction Against Harassment for blogging? Doesn't that chill the First Amendment? And losing your gun rights for blogging? Just because someone complains, ex parte (that is, without you being there) to a judge? In this day and age of blogging and Twittering, every one of you could end up losing your civil rights, ex parte, just because someone is upset with something you said! (In theory, everything in those gossip tabloids would be harassment!) And it will cost you, not them, lots of bucks to hire a lawyer to fight off the one sided charge! It cost Michael Roth $1000 to hire an attorney. But did JP Judge Slaughter order Joe Winslow to pay back Michael? No. There's nothing in the law that allows her to do that. Joe Winslow got off scot-free.