Not Illegal To Ask Your Fans To Spam A Judge… Though, Still Not Particularly Smart

from the spam-spam-spam-spam dept

Earlier this year, we noted that infomercial king Kevin Trudeau was sentenced to 30 days in jail for contempt of court after asking his “fans” to email the judge in a case in which Trudeau is battling the FTC. The contempt charge is a bit tricky, because it’s difficult to see what’s wrong with having people email a publicly available judge. And, indeed, it appears that the contempt charge has been overturned and Trudeau won’t have to go to jail over it after all. That said, it still doesn’t seem particularly wise to ask people to spam a judge who’s in charge of determining your fate.

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Comments on “Not Illegal To Ask Your Fans To Spam A Judge… Though, Still Not Particularly Smart”

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Anonymous Coward says:

Not sure how it qualifies as “spam” under the “Can SPAM” Law to have secondary opinions sent to someone who will read them.

This Judge should see the stuff I get delivered every day in my Spam box that I ignore.

Maybe it’s a problem with him ignoring certain things. Who knows. Maybe he needs a hug from his son who told him to go fuck a goat. It’s anyone’s guess at this point.

Anonymous Coward says:

Mike, Esq. – You might want to rethink that headline. If you actually read the opinion, you’ll see that the court doesn’t reach any conclusions about whether Trudeau’s conduct could constitute contempt (i.e. be illegal). The couirt just says that it wrong of the lower court judge to impose criminal contempt sanctions through summary disposition (i.e. without a prosecution, where there would be additional fact-finding, the defendant could present evidence, etc.)

So you’re right that it may not be a very good idea, but it also may be illegal.

Anonymous Coward says:

IANAL, but my understanding is that you do not have to do something illegal to be held in contempt of court, you only have to do something that the judge feels is disrespectful to lawful authority or else otherwise inappropriate for the courtroom and has given explicit warning about. One cannot be reasonably held in contempt of court for something that has already happened, only something that one is presently doing after already being explicitly warned that they will be held in contempt of court for doing so and have been given an opportunity to either discontinue or not repeat (so for example, the judge cannot immediately hold one in contempt of court for wearing a spiderman costume into the courtroom, for instance, but the judge can order that the person leave, change, and come back. Failing to comply could reasonably result in lawful contempt charges).

okwhen (profile) says:

Not Illegal To Ask Your Fans To Spam A Judge... Though, Still Not Particularly Smart

The bias in this story is with the author Mr. Masnick. People have letter sent to judges on their behalf all the time and this is consider a common practice. Therefore how is this conceived as something taboo? Mr. Masnick research requires additional work and if he considers himself covering a story, only present the facts and save your ass hole and opinions for someone who cares. The judge’s bias is evident by having his decision overturned and the author Mr. Masnick opinion not fact falls by the way side as well. This is a great article if not for the non founded spin of the author.

In Defense of Liberty says:

Just another example of a judge’s ego taking predecent over justice. Its simply amazing that the courts find no problem with people trashing the flag or the country but are so easily offended themselves. If it wasnt so pathetic it would be funny. I hope this judge is voted out next time he is up for election or is brought up on charges himself. It is shameful that such people preside over our courts.

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