tuesday short list. 

brad's for lunch,

billing records

po box. 

sort stuff from car.

call handyman.

email to eric b

monday short list

x bank. deposited $1300, lunch $7 at sawmill, gas $28. laundry $7.

billing records

bill 2 hours, work on complaint, letter to client.

casey situation. prepare power of attorney. prepare assignment of claims. x ask tommy if i can use him for the transaction.

x laundry

ordered antigua flag $21.

saturday got tip income $20.

In the US: Antigua and Barbuda Department of Tourism and Trade 25 S.E. 2nd Avenue, Suite 300 Miami, FL 33131 Tel:  305-381-6762 Fax: 305-381-7908 email: cganuear@bellsouth.net  (Note: The New York office will be closed on Public Holidays. For information, click here.)
Antigua and Barbuda Tourist Office 3 Dag Hammarskjold Plaza 305 E. 47th Street - 6A New York, NY. 10017 Tel: 212 541 4117 or 888 268 4227 Direct: 646 215 6035 Fax: 212 541 4789 Email: info@antigua-barbuda.org	Embassy of Antigua and Barbuda 3216 New Mexico Ave. NW Washington, DC 20016 Tel: 202 362 5122 Fax: 202 362 5225 Email: embantbar@aol.com

friday short list:

x 1. dishes.

x  3. look for ss card still did not find.

x 2. clean van

4. billing records.

5. casey.

started spring planting.

cleaned a bit of my room.

thursday i slept in i guess. mailed the letter, tried to apply for brokerage account. brought flowers for boss lady. set went ok.

$80 interest from chase. for tax purposes.

40. need to upload to youtube and delete files. 

43. got a lead on a job $19/hr. kuehne & nagle whitestown. signed up for job emails. could apply online. 

41. finish dishes. 

42. get filter for catfish tank.  

daily task list for wednesday:

• Tuesday, March 14 at 6:30pm. zoo volunteer meeting. did not apply for a $13/hr penguinkeeper job because they drug test.
• 
  Hearts In Hand Homeless Outreach Inc Hearts In Hand Homeless Outreach Inc 212 e southern ave.

000.4 https://www.americanbar.org/products/inv/book/42928

3272/

aba guide to bar admissions $17 buy it.

a000. I got an offer of $4500 for one of my vacant lots!

0. scrap yard?

0.2 bill said something about a publicity firm but i didnt catch it.

nukehead.com for seeds. 212 e southern

found: 150 cans of mocktails. could go back for 1000 more. went back for 50 more. 

0.1 paid $60 on internet bill so next month is paid.

37. get bar card. both of them. 

x 1. other plasma place. made $80 but deferred until april 5th.

3. city hall. 

2. bank?

4. gym tonight.

5. dishes

6. billing records.

7. casey situation

x 8. mail letter.

9. look for social security thing.

10. key in outlines of those 4 cases.

list for tuesday:

x did 1.5 hour CLE. so am i at 7.5 so far this year?

found a check for $264 in what looked like junk mail. still can't find the one i'm looking for. 

x 10 am phone meeting with civil rights investigator. went well.

fell asleep so now shorter list for tuesday 

8 pm helium. had to human engineer to get in.

credit score went to 766!

2. look for cash card. 

6. billing records. 

x 10. deploy mousetraps.

wash dishes. 

4. clean yard

1. casey.

x 3. mail $25.

4. other plasma place.

5. scrap yard.

7. cancel helix bill. Contact Information

Helix Studios Inc.

1848 Commercial St
San Diego, CA 92113

Contact:	Keith Miller
Title:	President
Phone:	(619) 226-2132
Website:	www.helixstudios.com

  Helix Studios Inc. 2500 Chandler Ave Las Vegas NV 89120. (619) 226-3000

8. provisional ballot

9. window. failed to install, need better ladder. 

x 10. deploy mousetraps. mouse count 64. 

=

the next monday: feb 6th

=

0. casey situation.

x 1. go to chase, see if can ach $25 to M +T.

1.5: find social security card, deposit $1100 at chase.

x 2. plasma, octo, p o box pay rent. 

5. other plasma place

3. scrap yard

4. clean yard

x 6. make better list

7. bill an hour or more. hendricks. nope, first, work on billing records.

   1/2 hour outlining briefs. now i can't find that piece of paper.

8. see if can get battery out. 

9 what else? unload car. partial. did some more.

10 call tommy.

x 11 get moustraps.

update: better list:

12. make list of goals for the year. stuff like real estate license, series 7, insurance,  loan originator, supreme court bar, stuff with jill.

13. email eric barnes

14. wash dishes. did some silverware.

15. plumber

x 16. CLE hours

17. email bmv

18. cancel helix bill

19. j christian adams appointment

20. follow up on provisional ballot

21. learn how to efile.  

x 22. outline briefs.

23. food and paint to tommy.

24. install window

25. laundry black circle

26. switch mattress and sheets

27. post to reddit

28. read webcomic from 2022, write down expenses

1/x 29. land bank appointment re temple. called no answer.

1/x 30. 16th st fmv. called ben buys houses. 2913 e 16th st.

31. marshall county disclaimer case

32. fix furnace. 

33. get home insurance.

34. get e+o insurance. - talk to jill about a mentor. 

35:, 36: look for co-counsel in delaware and minnesota.

37. 

38. medical records to marta. document the injury.

39. bryant bill in nebraska.

did list:

fixed shark vacuum that i found sunday. the new work shoes fit ok.

took out some trash and recycling. swept stairs. cooking steak re plasma tomorrow. made a comic. 

so plan for tonight = deploy mousetraps, 1 hr CLE, more dishes? 

income 2023 notes:

multiple streams:

1. wages. $15/hr. $75 week.  75 x 50 = 3750 call it 4k.

2. plasma. $100 weekish.                       4000

3. bank bonuses. $200 + 1 1/2%.               500ish. 

4. legal fees? $235/hr.                                 ?

5. scrap yard. none yet. $100ish.                200ish.  

6. rents. none yet. could be $1000/mo.      unknown. this is the one to work on.                                                        3k.

7. oil. 800/mo.                                             $9k. subtotal 22k

8. social security. $610/mo.                         $7k.  29k

9. auctions: 0 so far.

10. real estate deals. potential $10k from casey deal. [10k]

11. inheritence $600k. 

what am i forgetting?

12. referral fees from studies? other study income. $1k.

13. tesla.

14. interest. say 4% on 200,000 =8k. [8% on 400k = 32,000. but inflation.] 

15. class action settlement $7.

subtotal $38k. 

active:

wages, plasma, studies, bonuses, flips, auctions, scrap yard, referrals.

passive: interest, social security , oil, tesla.

=

more income notes 2022.

wages - can't find w-2. 17,000 ish. 

oil: xto 4235

oil other 303 contango

oil: fdl llc $ 63

[oil other 700.?] white rock?

- expenses $700.

medical study screening payments $1000.

scrap yard $100.

bank bonus $250.

 daily task list for (last) monday. 

did list for monday:

did not sleep. watched to have and have not, there is no try.

paid water bill. $42 called state civil rights office returning their call. billed 2.5 hours on barnes. 

so next i'll try to do plasma. then maybe a haircut, no no time. at plasma center now, 4:20. made $50, gave some guy a ride for $5. 

then i guess i fell asleep finally cuz it's now 1 am. did 3 hours billable time. 

bought $3 of stuff at an auction 30 miles away, so on wednesday i might or might not go get it.

https://www.simonandschuster.com/books/Exposure/Robert-Bilott/9781501172823 also check amazon. 

https://nao.mtb.com/open/error/retail m&t bank account with $100 bonus didnt go through so try again later. 

to do: po box. pay rent. wednesday? 

wednesday: 

1) to do edinburgh, pick up $3 of items. 

2) noon-1: zoom. 

3) plasma. so get up at 8:30.

4) pay po box.

thursday: 

cash social security card $1100.

what else?

5) casey envelopes.

make a list of goals for the year:

auction school? loan originator? real estate license? series 7? 

x call tommy. 

what have i gotten done tuesday? not much, but billed 3 hours. 

opened M&T account $100. need to mail them cash.

1812 Marsh Road

Wilmington, DE, 19810

(302) 651-1803

to do: 

x 2. can can.

x 1. find casey envelope! 

x 3. try M & T again later. worked! could just mail them $25.

4. wash stairs. 20 minutes.

5. work on billing records.

thursday: art museum. 

sunday: black circle comedy show. 

=

plasma.

haircut.

clean van. 

are all my bills paid? paid $165 chase bill. paid $42 water bill.

first friday on friday.

write a set. on thursday, sign up for tuesday at helium. 

scrap yard?

billing records.

email client, mr barnes, just to check in. 

email re bmv hearing withdrawing case. 

consider writing to carroll county lawyer re waiver of service of process. prepare waiver of service of process forms. 

what else? 

deploy mousetraps. wash stairs to reduce mouse smell. 

invite tommy to come help clean. 

clean area around bed. 

maybe post to neckbeardnests. 

cancel helix bill.

32 E Washington St Ste 1675 j christian adams.

CHARLOTTE DAVIS, TN BPR No. 34204 PUBLIC INTEREST LEGAL FOUNDATION 32 E. Washington Street, Suite 1675 Indianapolis, IN 46204 317-203-5599, ext. 113 cdavis@publicinterestlegal.org Counsel for Amicus Curiae 

follow up on provisional ballot.

Attorneys are required to e-file cases, which include providing service of process.
so i need to learn how to electronically file the case.


2:45 am jan 30 to at least 3 am, looking up filing procedures, preparing waiver of service of process form. 

Miscellaneous civil: $157

https://www.in.gov/courts/efiling/ so i have some homework to do here to learn how to efile. bill time to all 4 cases. work on finding hendricks complaint. or redo it. so plan is, bill two hours monday, bill 2 hours 5 days a week until cases filed. 10 x 235 = 2350. 2350 x 4 = 

$9000ish. is that right, make, i mean bill, $9000 ish times 50 = 450,000. not bad for a part time job. 

so what are those counties again?

carroll, dearborn? hendricks, what is the other one up by south bend?

Now 3:17 so that's 0.5 billable hours today. so today go through records and list at least some billable hours so i have contemporaneous billing records. otherwise they might not count.

follow up with disciplinary complaint in minnesota. 

consider writing minnesota aclu re the fines for signs.

American Civil Liberties Union of Minnesota

P.O. Box 14720
Minneapolis, MN 55414
Phone: (651) 645-4097
Fax: (651) 647-5948
Email: support@aclu-mn.org

casey foley situation. 1. find the letters. 2. prepare POA. 3 prepare assignment of interest. 4) ask tommy if i can use him. 

Interpretation of the Indiana Constitution is controlled by the text itself, illuminated by history and by the purpose and structure of our constitution and the case law surrounding it. State Election Bd. v. Bayh (1988), Ind., 521 N.E.2d 1313. price v state.

expression occupies a "preferred" position within the Bill of Rights. See Thornhill v. Alabama, 310 U.S. 88, 60 S. Ct. 736, 84 L. Ed. 1093 (1940); see generally Edmond Cahn, The Firstness of the First Amendment, 65 Yale L.J. 464 (1956). 

while we agree that various provisions of our Bill of Rights help limit the permissible scope of "abuse," see, e.g., Ind. Const. art. I, § 3 (state may not control exercise of "religious opinions"), we also believe § 9 has substantive content: that popular comment on public concerns should not be restrained. This conclusion is supported by both the text and historical context of our free expression guarantee.

The frontier democrats who dominated the first Constitutional Convention *962 countered the risk that reactionary elements might fashion a non-majoritarian government by adopting measures to guarantee popular participation and protect scrutiny of public affairs.[10]

Public discourse could hardly be called an abuse which impairs the sovereign when, in fact, a hale state government requires that discourse be unfettered and *963 forthcoming.[13] We thus confirm that § 9 enshrines pure[14] political speech as a core value. See also AAFCO Heating & Air Conditioning v. Northwest Publications (1975), 162 Ind. App. 671, 321 N.E.2d 580 (§ 9 affords special protection to speech about conduct implicating public interest), cert. denied, 424 U.S. 913, 96 S. Ct. 1112, 47 L. Ed. 2d 318 (1976).

 https://casetext.com/case/lewison-v-hutchinson

929 N.W.2d 444 (Minn. Ct. App. 2019)
Lewison v. Hutchinson

says disclaimer requirement is ok. 

=

1000, 400?, 

1. 1973 Insco, dcmd fla 

2. 1976 Moorefield v Moore, KY 

3. 1982 TN v Acey, TN 

4. 1993 NC v Petersilie, NC 

5. 1994 McIntyre v. OH (overruled), OH 

6. 1995 Wilkinson v Jones, KY 

7. 1997 KY RTL v Terry, 6th 

8. 1997 Arkansas Right to Life v. Butler, 29 F. Supp.2d 540 

9. 1998 Gable v Patton, 6th 

10. 2000 Seymour v Ct, CT 

11. 2001 Public Citizen v FEC, 

11th 

12. 2003, 2004 Majors v Abell, 7th 

13. 2012, NOM v McKee, 1st. 

14. 2012 VT v Green Mountain Future, VT. 

15. 2013, Worely v Robert

 ight to Life v. Butler, 29 F. Supp.2d 540 

9. 1998 Gable v Patton, 6th 

10. 2000 Seymour v Ct, CT 

11. 2001 Public Citizen v FEC, 11th 

12. 2003, 2004 Majors v Abell, 7th 

13. 2012, NOM v McKee, 1st. 

14. 2012 VT v Green Mountain Future, VT. 

15. 2013, Worely v Roberts 749 F. Supp. 2d 1321 (N.D. Fla. 2010) (better cite, 11th?) 

16. 2015 Iowa Right to Life Comm., Inc. v. Tooker 133 F. Supp. 3d 1179 (S.D. Iowa 2015)(corporations) 

17. 2019 Lewison v. Hutchinson, 929 N.W.2d 444 (Minn. Ct. App. 2019) 

18. 2020, 2021, Gaspee Project v Mederos. First 

Additionally, there have been attorney general opinions in at least Delaware and Nebraska. So on one side of the split there are 16 cases from the First, Sixth, Seventh, and 11th circuits, plus CT, KY, NC, TN, VT, plus AGOs in at least NE and DE. On the other side are at least 43 cases from a number of jurisdictions. This includes at least the 9th Circuit, 10th, and the states of WA, OR, LA, MA, ME, DE, CO, CA, NY, IL, ID, ND, TX. So there is a significant split, that this court should attempt to resolve.

 Wilson v stocker, 

Heller v ACLU of Nevada, 9th (and see Yamada), 1 ACLU v Heller, 378 F3d 979 (9th Cir. 2004), 

2 American Civil Liberties Union of Ga. v. Miller, 977 F.Supp. 1228 (N.D. Ga. 1997), 

3 Anonymous v. Delaware, 2000 Del. Ch. Lexis 84 (2000), 

4 Broward Coalition v Browning, 2008 WL 4791004 (N.D. Fl 2008),, [Buckley v. American Constitutional Law Found., 525 U.S 182, 200, 119 S.Ct 636, 142 L.Ed.2d 599 (1999),] 

5 City of Bogalusa v. May, 212 So.2d 408 (La. 1968), 

6 Commonwealth v Dennis, 368 Mass. 92, 329 N.E.2d 706 (1974), 

7 Cyberspace v Engler, (E.D.MI 2001) 

8 Doe v 2theMart, 140 F.Supp.2d 1088, 29 Media L. Rep. 1970 (2001), 

9 Doe v. Mortham, 708 So.2d 929 (Fla.1998) 

10 Ex Parte Harrison, 110 S.W. 709 (Mo 1908), 

11 Griset v. Fair Political Practices Commission, 69 Cal. App. 4th 818, 82 Cal. Rptr.2d 25 (1999), reversed on other grounds, 14 [Hansen v. Westerville City Sch. Dist., Nos. 93-3231, 93-3303, 1994 WL 622153 (6th Cir. Nov. 7, 1994), unpublished opinion, cert. denied 115 S. Ct. 2611 (1995). http://bulk.resource.org/courts.gov/c/F3/43/43.F3d.1472.93-3303.93-3231.html, ] 

12 Idaho v. Barney, 448 P.2d 195 (1968), 14, 23 

13 Illinois v White, 506 NE2d 1284 (Ill. 1987), 

14 In re Opinion of the Justices, 324 A.2d 211 (Del. 1974), 

15 Louisiana. v. Moses, 655 So. 2d 779 (La. Ct. App. 1995), 

16 Louisiana v. Fulton, 337 So.2d 866 (La. 1976), [McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 357, 115 S.Ct. 1511, 131 L.Ed.2d 426 ](1995),  [Miami Herald v Tornillo, 418 U.S. 241 (1974)] 

17 Michael James Berger, aka Magic Mike v. City of Seattle, (9th Cir. 6/24/2009) , 

18 Mulholland v. Marion County Election Bd. (S.D. Ind __) [NAACP v. Alabama, 357 U.S. 449, 463, 78 S.Ct. 1163, 1172, 2 L.Ed.2d 1488 (1958)] 

19 New York v. Duryea, 351 NYS2d 978 (1974), 

20 Ogden v. Marendt, 264 F.Supp. 2d 785 (S.D. Ind. 2003) (S.D. Ind 2004), 

21 Opinion of the Justices, 306 A.2d 18 (Maine 1973), 

22 People v Drake, (Cal.), 

23 People v. Bongiorni, 205 Cal. App. 2d Supp. 856 (Sup. Ct. 1962), 13 

24 Printing Industries of the Gulf Coast v. Hill, 382 F.Supp. 8011 (S.D.Tx 1974), 42 L.Ed.26 33 dismissed as moot, [Riley v. Federation of the Blind, 487 U.S. 781 (1998)] 

25 Rosen v. Port of Portland, 641 F.2d 1243, 1246 (9th Cir.1981), 

26 Schuster v. Imperial County Mun. Ct., 167 Cal. Rptr. 447 (Cal. Ct. App. 1980), cert. denied, 450 U.S. 1042, 14, 23 

27 ShrinkMO v. Maupin, 892 F. Supp. 1246 (E.D. Mo. 1995), aff'd, 71 F.3d 1422, 

28 Smithers v Fla. Elections, http://www.fec.state.fl.us/decisions/Smithers96-85.PDF, 

29 State of Louisiana v. Burgess, 543 So.2d 1332 (1989), 

30 State v. N. Dakota Ed. Assoc., 262 N.W.2d 731 (N.D. 1978), 

31 Stewart v Taylor, 953 F.Supp.1047 (S.D.Ind.1997), 

32 Tattered Cover (CO), [Talley v. California, 362 U.S. 60, 65, 80 S.Ct. 536, 4 L.Ed.2d 559 (1960)] 

33 Texas v. John Doe, 61 S.W.3d 99, (Tx.App. 2001) 

34 Town of Lantana v Pelczynski, 290 So. 2d 566 (Fla. App. 1974), 

35 Vermont Right to Life v. Sorrell, 221 F.3d 376, 392 (2d Cir. 2000), 

36 Virginia Society for Human Life Inc. v. Caldwell, 152 F3d 268 (4th Cir. 1998), 

37 Washington ex rel. Public Disclosure v. 119 Vote No!, 957 P.2d 691 1998), [Watchtower v Stratton, 536 U.S. 150 (2002)] 

38 West Virginians for Life v Smith, 919 F. Supp 954 (S.D.W.Va. 1996), 960 F Supp 1036 (1996), 

39 Wilson v Stocker, 819 F.2d 943, (10th Cir. 1999), [Wooley v Maynard, 430 U.S. 705 (1977)], 

40 Yes to Life PAC v. Webster, http://www.med.uscourts.gov/opinions/Hornby/2000/DBH_02072000_2-99cv318_YES_PAC_V_WEBSTER.pdf , 

41 Peter Zenger’s case, http://www.law.umkc.edu/faculty/projects/Ftrials/zenger/zenger.html 

42 Zwickler v. Koota, 290 F. Supp. 244 (E. D. N. Y. 1968), vacated on mootness grounds sub nom. Golden v. Zwickler, 394 U.S. 103 (1969), 

Oregon Attorney General Opinion 8266. 

Citizens for Responsible Gov't State PAC v. Davidson, 236 F.3d 1174, (10th Cir. 2000) 

43. In re Ind. Newspapers, Inc., No. 49A02-1103-PL-23, ___ N.E.2d ___ (Ind. Ct. App., Feb. 21, 2012).

(Indiana constitution and First Amendment.) 

44. Dendrite 

45. Doe v Cahill (Del.) 

46. Digital Music News LLC v. Superior Court (Cal. Ct. App. May 14, 2014) (California constitutional right to privacy). 

47. It is well-settled that “an author's decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment.” In re Anonymous Online Speakers, 661 F.3d 1168, 1173 (9th Cir. 2011)

 48. Hartman v O'Connor 1:20cv163 (S.D. Ohio Sep. 29, 2021)(judicial speech withstood strict scrutiny) 

49. Minn. Citizens Concerned for Life, Inc. v. Kelley, 291 F.Supp.2d 1052, 1069 (D.Minn. 2003), aff'd in part, rev'd in part, 427 F.3d 1106 (8th Cir. 2005). 

50. Riley v. Jankowski, 713 N.W.2d 379 (Minn. Ct. App. 2006)

 6. octopharma blood work. call in two weeks. jan 25th.

did: $610 to chase. laundry, stairs. paid $100 to chase. owe $1000, have $1000.

owe pnc: 400? 

paid $900 to bank america. owe $3.  

monday could: scrap metal run. 

clean front yard. 

make comic.

work on motions for injunction, brief in support. 

carroll, hendricks, dearborn, [marion] one other. 

of the 4 factors for injunctive relief, likelihood of success on the merits is the most important.

here, the likelihood is strong, and is strong enough to support a preliminary injunction.

NIFLA, Janus, Reed v Town of Gilbert are recent controlling cases.

Older controlling cases include Barnette, reversing Gobitis, Talley v California, NAACP v Alabama,

McIntyre v Ohio Elections Commission, Buckley v ACLF, Tornillo v Miami Herald, Wooley v Maynard, 

Riley v Federation of the Blind. see also Masterpiece Cakeshop, Justice Thomas concurring. 

NIFLA, 

Janus, 

Reed v Town of Gilbert 

Barnette, reversing Gobitis, 

Talley v California, 

NAACP v Alabama,

McIntyre v Ohio Elections Commission, 

Buckley v ACLF, 

Tornillo v Miami Herald, 

Wooley v Maynard, 

Riley v Federation of the Blind. 

Masterpiece Cakeshop, Justice Thomas concurring. 

In  the past there has been confusion about Citizens United or McConnell v FEC, but these have been mooted by the more recent supreme court rulings. 

NOM v McKee, Gaspee Project, Green Mountain. 

Indiana law has repeatedly found the McIntyre case to be controlling, except in Majors v Abell. 

Federal Election Comm'n v. Public Citizen, 268 F.3d 1283, 1287-91 (11th Cir. 2001) (per curiam); Gable v. Patton, 142 F.3d 940, 944-45 (6th Cir. 1998); Kentucky Right to Life, Inc. v. Terry, 108 F.3d 637, 646-48 (6th Cir. 1997).

Seymour v. Elections Enforcement Comm'n, 255 Conn. 78, 762 A.2d 880, 886-87 (2000).

In Majors the 7th Circuit found that McConnell had left the field too indeterminate to be able to rule for a citizen plaintiff. 

Reluctant, without clearer guidance from the Court, to interfere with state experimentation in the baffling and conflicted field of campaign finance law without guidance from authoritative precedent, we hold that the Indiana statute is constitutional.

Judge Easterbrook issued a dubitante opinion, saying:

Four decisions of the Supreme Court hold or strongly imply that the ability to speak anonymously — and thus with less concern for repercussions — is part of the "freedom of speech" protected by the first amendment against governmental interference. Talley v. California, 362 U.S. 60, 80 S.Ct. 536, 4 L.Ed.2d 559 (1960); McIntyre v. Ohio Elections Commission, 514 U.S. 334, 115 S.Ct. 1511, 131 L.Ed.2d 426 (1995); Buckley v. American Constitutional Law Foundation, 525 U.S. 182, 199-200, 119 S.Ct. 636, 142 L.Ed.2d 599 (1999); Watchtower Bible Tract Society of New  York, Inc. v. Stratton, 536 U.S. 150, 166-67, 122 S.Ct. 2080, 153 L.Ed.2d 205 (2002). 

In Majors the 7th Circuit found that McConnell had left the field too indeterminate to be able to rule for a citizen plaintiff. Judge Easterbrook issued a dubitante opinion, saying:

Stewart v Taylor, Ogden v Marendt, Mulholland v Marion County Election Board, are examples. See also AKKKK v Goshen. 

The First Amendment, applicable to the States through the Fourteenth Amendment, prohibits the enactment of laws “abridging the freedom of speech.” U. S. Const., Amdt. 1. Under that Clause, a government, including a municipal government vested with state authority, “has no power to restrict expression because of its message, its ideas, its subject matter, or its content. 

Content-based laws—those that target speech based on its communicative content—are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests.

thomas for the court in reed v town of gilbert. 

but see reagan outdoor v austin, reed is not absolute. 

Majors' doubts about McConnell do not survive Reed's reminder that the standard is strict scrutiny. Majors failed to apply any standard of scrutiny. Mulholland v Board, while it dealt with a procedural issue at the 7th circuit, may have superseded Majors.  

Plaintiff here makes claims under both the federal and state constitutions. They are likely to prevail on one or both. 

For injunctive relief to issue, they only need some likelihood of success on any one claim. 

Price v Indiana (1993) remains the leading case under article I section 9. Under Price, the Indiana constitution can go further than the federal First Amendment. Here it does not need to. In Majors, the state court declined to rule on state constitutional questions, but limited itself to a statutory construction matter.  

13 or more states have found some right to privacy or anonymous speech under state constitutions. These include. ca co de id il la ma me ny nd oh or wa.

schuster, tattered cover, opinion of the justices people v barney, people v white, people v moses, fulton, burgess, etc., dennis v massachusetts, new york v. duryea, mcintyre, no on 119, 

Some lower court rulings have supported the talley-mcintyre line of cases and provide additional persuasive support. 

add here.

 sohiel. paul. big mike.

these were my set notes at cancan tuesday night. had a very good 3 minutes set. (i skipped the whole holocaust routine and just did zingers.)

what are we talking about tonight? mice, and weed and grandmas. ok,  oh and long's bakery. onlyfans. superhero names. dumpster babies, spoken word.  side chicks. i was in the teamsters so i dont have a side chick, i have a back hoe.

i can work with that. 

i'm on a subreddit for only fans. it's just pictures of fans.

my superhero name is arbitrary aardvark. i fight crime. i'm not very good at it. crime usually wins.

two weeks ago i went up at crackers, and i bombed. so i figured i should prepare better next time so i tried to look up some jokes. about the holocaust.

it turns out that when you google for holocaust jokes, you don't holocaust jokes. you get these really serious articles about how that's not funny.  

holocaust jokes

2 myths about the holocaust.

1. that it only happened to jews.

2. that it only happened once, a long time ago.

at my house right now, there's a holocaust going on. so far i've killed 50 mice, and i'm just getting started. 

my mom was born in europe, in the 1920s. 1930 was a good time to get out of europe, so she moved to kansas city. her mother, my grandmother margo, was a flapper in paris, then a housewife in kansas city, then a rosie the riveter during the war, then she was  high school french teacher. and once a year she'd put on a school assembly, and she'd have her students dance the cancan.

now i'm an old man, and i'm a cripple, so i can't do the high kicks, but it goes something like this.

"i haven't smoked weed since high school" well, i live on east washington, and i passed two high schools on the way here. 

i do medical studies. there was this study in kansas city that paid $19,000, and i got out my phone and started to call, and then i hung up, because i remembered i got high 2 weeks ago at a show at the brewery, so i got to wait 2 months before i can do a study.

so margo told me, grandson, i havent smoked weed since 19:45. i said margo that was a long time ago. she goes, not really, and she looks at her watch and says its only 20:37 now. if i need to explain that to anyone, that's military time,  and i stole that joke from benedict from channel 8. 

 

friday: 

Provisional Ballot Status

keyboard_arrow_up

2022 GENERAL ELECTION2022 PRIMARY ELECTION

ROBBIN STEWART

4015 E Washington St
Indianapolis, IN 462014536

Status: Not Counted

Reason: #2 Voter does not currently reside in the precinct

Provisional Hearing Date: 

x plasma. 

call to see if i work friday

i didnt get much done today, friday. did plasma. no new mail just bills. paid $50 on a credit card. put $100 in my pocket. fixed dinner. bought ramen at the corner store. vegan chili ramen, wasn't good, but they have 3 more flavors to try. 

work on billing records

tommy issues: annualcreditreport.com. plasma. casey authorization discussion.

wednesday to do: 

x 1. laundry. gather laundry first, towels, scotty's room. in van. 

haircut?

x 2. take out trash.

x/2. 3. unload van and car. 

x 4. sort food on stairs,  take out trash.

x 5. mousetraps.

x 6. order charger from amazon. 

7. email lindy and bill.

8. casey letters.

x 9. patch hole in stained glass window and or install window before dark. 

x 10 flush. bring up a bucket of water.

11. work on billing records. maybe do a cle or work on memos. x new hampshire letter. 2.0 hours.

12. plumber

=

not today: get chase inc card, use it to pay irs bill, collect $900 bonus. consider filing to abate penalties on 2012 income tax penalties. 

work on billing notes.

monday did:

1. po box. no checks there.

2. 1.5 hours billed on cases. 1-2 pm edited marion county complaint, motion for injunction, 1/2 hour 4:30-5 pm read volokh article on compelled speech, looked up georgia and texas state con law cases. at arlington library.

x 3. reported stolen social security checks to fraud hotline. to do tomorrow: go to social security office.

4. went to best buy. got info on what charger cable to order. to do: order charger cable.

5. sorted some mail. found thermometer. found old phone. got groceries. 

6. octopharma blood work. call in two weeks. jan 25th.

7. now i don't remember. tommy did step 1 of his teeth.  took out trash. mouse 49. mouse 50.

8. took photos of room.

9. bought gas. $30? forgot to write down how much. $3.15/gln. 

to do. bill's birthday in a few days. email lindy.

find charger thingy for phone.

get bag from car. 

put out moosetraps 

so to do:

x 1. 2 hr CLE. manage 

x 4. make comic.

3. read rest of volokh article. working on it. 

5. read casey letters.

2. i have dinner on the stove. burned dinner again.

6. clean car.

7. laundry.

could go get bookshelves from kroger.

email church re hams. 

8. start billing notes for january, december.

9. order charger

tuesday:

haircut

x plasma

x car insurance office on s keystone. it'll be too late when i get out of here.

real estate 16th st. get info ready.

x standup can can.

x social security office

x oil change. $55.

 plan for sunday: 

3. x 20 minutes sorting stairs and car. sorted scotty's room. i cleaned for an hour and now my back hurts.

2. find casey envelope, work on casey situation. have not found yet. found an envelope monday.

maybe a transfer of claim to tommy.

1. x go through mail. threw away junk mail.

maybe laundry.

what else?

monday haircut.

write to star bank president.

5. cle's, but not yet, it's too easy. do harder stuff first. 

go to gym maybe. 

4. work on hendricks complaint. find emails, put them in a folder.

7. x before/after pics of room. 

8. put mattress under mattress. pick up clothes.

 plan for week: get cases ready to file. talk to process server? 

think about how to get loan. maybe meet with bank of indianapolis. 

clean out car. find work shoes. wash kitchen floor. plasma tuesday and friday. upload comedy set to youtube. buy charger cable. are my taxes done?

go through comic for the year adding up expenses. go through old to do lists to see what goes on this year's list. more cles. 3.5 so far so do 2.5 more. 

make appointment w land bank about status of temple street properties.

contact a realtor re fmv 4015, does the 16th street property have a fmv?

plan for 2023

write 2022 annual report.

file 4 or more sign cases, carroll, hendricks, marshall, dearborn.

 - work on opening brief, memo in support of preliminary injunction.

weekly billing summary. records must be contemporaneous. 

find counsel for marion county case. 

amicus cases:

1 new hampshire

2. san franscisco

3. alaska

also pending: disciplinary complaint in minnesota. 

what else? inherit money. fix pipes, fix furnace, fix roof. obtain home insurance?

first friday at circle center

 

 plan for thursday:

 x go pay bank of america bill. maybe go join the gym. paid $900.

research set for tonight. 

work on complaints and documents.

x put away trash can. 

x run battery in car for a while. car won't start. recharge battery, if i can get it out. 

x what else? hydrate; x plasma tomorrow.

mouse count 44. bought mousetraps. watered plans. took out some spoiled food. bought a shirt and tie, coffee x 2, sandwich at 3 carrots. 1/2 hour work on carroll complaint edit. killed a mouse. took out some recycling. 

note: spent 3 hours drafting and filing a disciplinary complaint against an alj in minnesota as part of my research in doe v carroll county. 3.0 hours between 10 am and 1:59 pm january 5th.

 To: 
Lawyers Professional Responsibility Board Office of Lawyers Professional Responsibility

445 Minnesota Street
Suite 2400
St. Paul, Minnesota 55101-2139

This is a complaint against Suzanne Todnem, James E. LaFave, and Jim Mortenson,

three administrative judges of the office of administrative hearings.  The possibly unethical conduct involves them serving as a panel in Murphy v Grote,

https://mn.gov/oah/assets/0325-38781-murphy-grote-campaign-violation-report_tcm19-557184.pdf,

and assessing a $150 fine against a mayor in retaliation for his constitutionally protected core political speech. In doing so, they violated the mayor's rights to free speech and free elections under the US and Minnesota constitutions, which they have sworn to uphold.

They were acting in a quasijudicial capacity, and are probably immune from any civil or criminal consequences; attorney discipline is the exclusive remedy.

I'm just some guy in Indiana. I am no expert in Minnesota's rules for attorneys or administrative law judges. A rabbi I have spoken to about these issues counseled me that my task is to bring the issue to the attention of the disciplinary body, and that you can take it from there. I frankly expect that is likely the complaint will get dismissed as being "too political" or something of that sort. At most I am seeking an official reprimand; this is not a case calling for suspension, disbarment, etc. Only if the unethical conduct continued after reprimand would further action be appropriate.

The panel of ALJ's purported to act pursuant to a Minnesota statute. But they know, should know, or have reason to know that the statute is void because it is unconstitutional, and does not empower them to fine anyone for core protected political speech. 

The current statute, if I understand it, is not the same exact version that has previously been ruled unconstitutional. It has been slightly renumbered and re-enacted. But in substance it is the same.  It requires campaign literature to have an identification disclaimer. These Jim-Crow era disclaimer rules have been ruled unconstitutional for the past 62 years. They are racist (Talley v California), sexist (McIntyre v Ohio Election Commission), and have a history of being used for religious discrimination (Watchtower v Stratton, Wooley v Maynard, Barnette v Board.)

The Minnesota disclaimer statute has been found unconstitutional by both state and federal courts, as well as in an attorney general opinion by Hubert Humphrey. 

Minnesota Citizens Concerned v. Kelley
427 F.3d 1106 (8th Cir. 2005)

Riley v. Jankowski
713 N.W.2d 379 (Minn. Ct. App. 2006).

Also there have been recent Supreme Court cases, such as NIFLA v Becerra, reiterating that disclaimer rules are still unconstitutional. 

I wrote to the office on December 27th sharing these concerns. The $150 fine against the mayor of Lexington is dated December 28th. There could be a fact question as to whether they had actually received and read my letter before they improperly voted to fine the Mayor for his constitutionally protected speech. Their misconduct would be more culpable if they were on notice that their actions were unlawful. 

The above cases address that the statute is void under the First Amendment. I also contend that the statute violate the Minnesota Bill of Rights. I am not aware of any Minnesota case law directly on point, but 13 other states have found that disclaimer rules violate their state constitutions. I can provide those cases on request.

I am somewhat unclear which ethical rules apply to ALJs. Below, I list some ethical rules which might apply, either directly or by analogy.

1.1 competence

Rule 3.1Meritorious Claims and Contentions

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law. 

Rule 3.3Candor Toward the Tribunal

(a)

 A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal, or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(b)

 A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Rule 3.8Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a)

 refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

Rule 4.1Truthfulness in Statements to Others

In the course of representing a client a lawyer shall not knowingly make a false statement of fact or law.

Rule 8.3Reporting Professional Misconduct

(a)

 A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(b)

 A lawyer who knows that a judge has committed a violation of the applicable Code of Judicial Conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.

A JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY.

Rule 1.1Compliance with the Law

A judge shall comply with the law, including the Code of Judicial Conduct.

Rule 1.2Promoting Confidence in the Judiciary

A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Rule 2.2Impartiality and Fairness

A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.

Rule 2.5Competence, Diligence, and Cooperation

(A) A judge shall perform judicial and administrative duties competently and diligently.

How these rules apply, or might apply, to the case in which they issued a fine for constitutionally protected speech, is that they wrote:

CONCLUSIONS OF LAW 

1. The Panel is authorized to consider this matter pursuant to Minn. Stat. § 211B.35 (2022). 

2. Complainant bears the burden of proving the allegations in the Complaint. The standard of proof of a violation of Minn. Stat. § 211B.04 is a preponderance of the evidence.

But section 211 is void and unconstitutional, and confers no power to the panel. Their appointment as ALJs is not a license to conspire to violate civil rights. Their action was ultra vires and in excess of their authority. They lacked probable cause, and had a duty to dismiss the complaint. 

I also have concerns about the use of a preponderance of the evidence standard, in a case where the government is the real party in interest. I would think that a clear and convincing evidence would be required to comport with due process under both constitutions. But this is more of a hunch than a certainty. I am no expert on what Minnesota law requires for due process. What I do know is the law about disclaimers, and the panel clearly violated it here, in a way that involved impropriety and the appearance of impropriety. 

Ok, that is the gist of my complaint. Feel free to contact me at gtbear at gmail com if you have questions. Please keep me posted on what you decide. 

Respectfully submitted, Robbin Stewart.