[First published Oct. 31, 2013 – 233 views until now]
Judge Morrison’s Error # 4 – A “Partial Restriction” is still a “prior restraint”
Judge Morrison holds that what he describes as a “partial restriction” does not constitute a prior restraint.
“Wolfgram has not established that a partial restriction on the ability to file suit has ever been held to be a “prior restraint” requiring a showing of clear and present danger and concomitant procedural safeguards. . . . To the extent it keeps vexatious litigants from clogging courts, it is closer to “licensing or permit systems which are administered pursuant to narrowly draw, reasonable and definite standards” which represent “government’s only practical means of managing competing uses of public facilities[.]” . . . When a vexatious litigant knocks on the courthouse door with a colorable claim, he may enter.”.
However, Smith v. Silvey 149 Cal.App.3d 400 (1983) determined that a particular injunction against filing — which was only “partial” — was nevertheless determined to be prior restraint. Smith was cited by Judge Morrison but was not factually distinguished. Continue reading →