Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Poor Judgment: Judges should not try to stifle criticism
The McAllen Monitor ^ | 5-31-05 | The Monitor view

Posted on 05/31/2005 4:01:02 PM PDT by Liberty Valance

Personal trauma can cloud one’s judgment, so we can to some degree forgive U.S. District Court Judge Joan Humphrey Lefkow for urging members of Congress to do something to curb public criticism of federal judges.

Lefkow’s husband and mother were recently killed by a deranged man who blamed her for a life turned sour. The attacks were not politically motivated. Yet somehow, Lefkow has drawn a link between the killings and recent criticisms of the federal judiciary by Republicans, in a way that unnecessarily inflames the debate.

While we wouldn’t expect that members of Congress would rebuke a grieving widow for her ill-considered opinions, given the personal trauma she’s been through, we’re surprised how little controversy Lefkow’s comments generated and that no one stepped forward to challenge them.

"Even though we cannot prove a cause-and-effect relationship between rhetorical attacks … and violent acts of vengeance (against judges), fostering disrespect for judges can only encourage those that are on the edge … to exact revenge on a judge who displeases them," Lefkow told the Senate Judiciary Committee. "We need your help in tempering the tone of debates that concern the independence of the judiciary," she said. "In this age of mass communication, harsh rhetoric is truly dangerous."

No more dangerous, in our view, than a judge who believes the government has any role to play in curbing harsh rhetoric, even when it’s directed at judges, or curtailing free expression simply because an individual "on the edge" might use political speech to excuse acts of violence or criminality.

Lefkow cited remarks made by Pat Robertson about liberal judges "destroying a fabric that holds our nation together" and posing a threat "probably more serious than a few bearded terrorists who fly into buildings." Such rhetoric is obviously strident and stupid. But no more so than what we’ve heard from many members of Congress when caught up in the heat of political battle, or the slurs used against President Bush’s judicial nominees during the filibuster fracas.

By the judge’s own admission, no causal link exists between the national debate about a politicized judiciary and two recent acts of violence against judges. And in fact, Lefkow could cite only five attacks on federal judges in the past 25 years — nothing to scoff at, but certainly not suggestive of an epidemic of anti-judge violence.

Lefkow stopped short, thankfully, of lobbying for legal sanction against Americans who "foster disrespect" for judges, understanding, perhaps, that it would be unseemly for a supposed protector of the Constitution to undermine the First Amendment in such a blatant fashion. But it’s not hard to imagine some enterprising member of Congress picking up that idea and running with it, given how frequently politicians troll the headlines for reasons to make themselves relevant.

We can feel for Lefkow on a personal level, and agree with that part of her testimony that pushed for better courthouse security. But when she suggests that judges should be beyond rebuke, or that Americans who criticize judges are somehow complicit in fomenting violence against them, she’s way out of line and should be called on it.


TOPICS: Constitution/Conservatism; Editorial; Government; US: Texas
KEYWORDS: 1stamendment; freedomofspeech; judiciary; lefkow; patrobertson; schiavo; tomdelay
Interesting opinion piece from a South Texas daily I used to work for in a former life. :o)
1 posted on 05/31/2005 4:01:02 PM PDT by Liberty Valance
[ Post Reply | Private Reply | View Replies]

To: Liberty Valance
"But when she suggests that judges should be beyond rebuke, or that Americans who criticize judges are somehow complicit in fomenting violence against them."

Sounds like the democratic and communist parties talking points, not to mention the Op ed page of any number of leftist rags.

2 posted on 05/31/2005 4:12:46 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: bill1952

I'd like to know how many of the judges, talking about how they should be armed in the courtroom, are gun-grabbers, when it comes to us proles.


3 posted on 05/31/2005 4:16:06 PM PDT by Paul Atreides (FACT: You can get more reliable information in a beauty shop, than from the media)
[ Post Reply | Private Reply | To 2 | View Replies]

To: bill1952
Yep. And I really liked this part...

But it’s not hard to imagine some enterprising member of Congress picking up that idea and running with it, given how frequently politicians troll the headlines for reasons to make themselves relevant.
4 posted on 05/31/2005 4:17:12 PM PDT by Liberty Valance (If you must filibuster, it's because you don't have the votes to win honestly)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Liberty Valance
I've often wondered how it has come to this.

Critizing paid government employees who literally have the power over life and death in their palms, who not elected, but appointed, and are now considered above critizm.

We can knock congressmen, senators, mayors, governors, even the President, but dare say a word about a judge, and behold, we have an enemy of democracy.

I've said before the left has gone insane, my proof (or just a recent example), verbal attacks on unelected government employees is an attack on democracy.

And yes, I aware we are a republic not a democracy, article 4, section 4, US constitution.

5 posted on 05/31/2005 4:25:33 PM PDT by Sonny M ("oderint dum metuant")
[ Post Reply | Private Reply | To 1 | View Replies]

To: bill1952
I wonder what the judge thinks of punishing or stifling say......Alec Baldwin for demanding that Henry Hyde be publicly stoned to death during public speeches?

Let's face it folks, the gears, cogs, and pulleys of this system can't go on simple greasings any more. It's time to tear the beast down and rebuild with the input of artisans, engineers, architects, and users.

6 posted on 05/31/2005 4:28:14 PM PDT by blackdog (How are the ones and zeroes treating you today?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Liberty Valance

I think judges are destroying the fabric that holds our nation together. I'm still gonna say it even if it means I go to jail one day. Tough! It's the truth.


7 posted on 05/31/2005 4:29:01 PM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sonny M

Great post Sonny. I agree.


8 posted on 05/31/2005 4:32:23 PM PDT by Liberty Valance (If you must filibuster, it's because you don't have the votes to win honestly)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Liberty Valance

"Stifle yerself Joan."

9 posted on 05/31/2005 4:34:43 PM PDT by Enterprise (Coming soon from Newsweek: "Fallujah - we had to destroy it in order to save it.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liberty Valance

Just like a liberal, somebody does something bad, so we find others to blame for the bad person's behavior. It's scary that we have so many judges like this woman.


10 posted on 05/31/2005 4:39:41 PM PDT by 3niner
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liberty Valance
Judges are just going to face the fact that when they decide political questions and take them away from the legislatures where they properly belong, they are going to get the same kind of criticism politicians get. Be careful what you ask for.
11 posted on 05/31/2005 4:44:54 PM PDT by colorado tanker (The People Have Spoken)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bill1952
"Sounds like the democratic and communist parties talking points, not to mention the Op ed page of any number of leftist rags."

Sounds like Clinton's speechwriters penned it for her. Remember how he shifted the blame of OK City bombing to Rush Limbaugh and "right-wing" talk radio? Leftists never miss an opportunity (even when supposedly in mourning) to publicly blame their enemies for anything and everything.

12 posted on 05/31/2005 4:56:39 PM PDT by penowa
[ Post Reply | Private Reply | To 2 | View Replies]

To: penowa
Today, Bill O'Rielly openly stated on the air that that is the agenda of the MSM; to weaken the Bush administration at every opportunity so that Hillary will be portrayed as coming to the rescue of a failed right wing policy.
13 posted on 05/31/2005 5:16:38 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
[ Post Reply | Private Reply | To 12 | View Replies]

To: Liberty Valance
So why do judges think they are the only ones in public above criticism.? It can't be for corruption, stupid rulings, activist rulings, or scandalous private lives can it?
14 posted on 05/31/2005 5:33:42 PM PDT by Americanexpat (A strong democracy through citizen oversight.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Liberty Valance
"In this age of mass communication, harsh rhetoric is truly dangerous."

Since only LIBS seem to ingage in "Harsh Rhetoric",I'll be waiting for her verbal slapping of the DemonRATS.........(sound of crickets chirping)

15 posted on 05/31/2005 5:57:28 PM PDT by HP8753 (My cat is an NTSB Standard,The Naval Observatory calls me for time corrections.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson