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Tenn. Federal Judge Backs Fortunetellers [ACLU wins lawsuit for fortune teller's free speech]
AP ^ | June 8, 2004 | AP

Posted on 06/10/2004 7:03:49 PM PDT by summer

Tenn. Federal Judge Backs Fortunetellers

NASHVILLE, Tenn. (AP) - A federal judge struck down a law requiring fortunetellers to post disclaimers on their shops and advertisements, calling the ordinance an unconstitutional restriction on free speech.

U.S. District Court Judge Robert Echols, ruling in favor of former tarot card reader Beth Daly and the American Civil Liberties Union, rejected the city of Dickson's argument that its law was intended to protect citizens from fraud.


Echols cited earlier rulings that determined "predictions are only fraudulent if the speaker knows of facts that will prevent a prediction from coming true."

Daly said Tuesday she was "very pleased" with the ruling, but has no plans to reopen The Curiosity Corner, where she sold books, art, candles, yoga supplies, glassware, and read tarot cards for a $25 fee. She's now studying to be a paralegal and private investigator.

"I want to help people so they don't have to go through what I went through," Daly said. "For two years I've been fighting something I shouldn't have had to fight."

Within a month of the shop's opening in July 2002, Daly was told city law banned her from telling fortunes for a fee. She shut down, but pressed ahead with the lawsuit filed by the ACLU.

The city repealed its law in 2003, apparently deciding that defending its ban "was not in the cards," Echols noted in a recently filed memorandum.

But it replaced the ordinance with a new one requiring fortunetellers to post a disclaimer stating Tennessee has no requirements governing "the education, training or ability of fortunetellers, clairvoyants, palmists, phrenologists or other person claiming to be mystics endowed with supernatural powers."

Though the city argued the disclaimer would protect customers from fraud, Echols determined it was an overly broad restriction of freedom of speech.

Dickson city administrator Tom Waychoff said no decision had yet been made on appealing the ruling.


TOPICS: News/Current Events; US: Tennessee
KEYWORDS: aclu; fortunetellers; fraud; freespeech
[U.S. District Court] Echols cited earlier rulings that determined "predictions are only fraudulent if the speaker knows of facts that will prevent a prediction from coming true."

Huh???
1 posted on 06/10/2004 7:03:50 PM PDT by summer
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To: summer
"I want to help people so they don't have to go through what I went through," Daly said. "For two years I've been fighting something I shouldn't have had to fight."

When you're right, you're right. This was a dumb law.

2 posted on 06/10/2004 7:09:09 PM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all)
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To: summer

She should have known she would win;)))


3 posted on 06/10/2004 7:16:36 PM PDT by Frank_2001
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To: Texas Eagle

That city administrator would improve immeasurably if he were to loudly repeat "and this, too, is none of my business" 50 times every day, after lunch.


4 posted on 06/10/2004 7:18:22 PM PDT by GSlob
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To: summer
But it replaced the ordinance with a new one requiring fortunetellers to post a
disclaimer stating Tennessee has no requirements governing "the education, training
or ability of fortunetellers, clairvoyants, palmists, phrenologists or other person
claiming to be mystics endowed with supernatural powers."

Paging Al Gore. Please pick up your sign at the city limits.

5 posted on 06/10/2004 7:25:42 PM PDT by jigsaw (Separation of Lurch and State!)
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To: Frank_2001
She should have known she would win;)))

ROTFLMAO! :)
6 posted on 06/10/2004 7:28:29 PM PDT by summer
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To: jigsaw
Paging Al Gore. Please pick up your sign at the city limits.

LOL...you know, I've been wondering why he has been making more and more public appearances lately. Is he hoping to be picked as Kerry's VP??? That's my question for a fortune teller....
7 posted on 06/10/2004 7:30:24 PM PDT by summer
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To: summer

"...she sold books, art, candles, yoga supplies, glassware, and read tarot cards for a $25 fee. She's now studying to be a paralegal and private investigator."

THAT is appropriate background for a lawyer or a judge! It takes about that much brains to be either one. She can be a politician also with her background!


8 posted on 06/10/2004 8:47:14 PM PDT by steplock (http://www.gohotsprings.com)
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To: summer

what i find interesting, is that the customers of these charlatans never seem to sue them. if people felt defrauded, they could sue in court. my impression is that most customers of psychics and fortune-tellers seem to think they are getting something useful for their money. and i work in nassau county (not as a psychic) which is the law-suit capital of the world.


9 posted on 06/11/2004 12:46:17 AM PDT by drhogan
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