Saturday, October 23, 2010
Free Doug Guetzloe
hasen this morning linked to a new york times article about fake and real tea party candidates backed by democrats. this paragraph caught my eye.
(On Friday, Mr. Guetzloe was sentenced to 60 days in prison for a misdemeanor campaign violation relating to an anonymous political flier he sent four years ago, but his sentence does not start until after the election.)
To any newcomers to this blog, I'm active in the area of disclaimers statutes, which were found unconstitutional in 1960 in Talley v California, but are still being illegally enforced in many states. welcome electionlawblog readers.
his bio and contact info
Among other things hehas, er, had, a radio show, so this is a case of "journalist faces jail for political speech."
He's also facing separate heat over not having a disclaimer for a link on his website in 2008.
I then found this article.
Political consultant Doug Guetzloe sentenced to 60 days in jail
October 22, 2010|By Anthony Colarossi, Orlando Sentinel
Orange Circuit Judge C. Jeffery Arnold has sentenced political consultant Doug Guetzloe to 60 days in the Orange County Jail in his 2006 misdemeanor involving a campaign-flier violation.
The political consultant won't have to report to jail until Nov. 3, a day after the election. He had asked for his sentence to be withheld until then so he could help participate as a consultant in various campaigns.
Guetzloe was adjudicated guilty this afternoon, and Arnold said he could participate in a work release program. Guetzloe was also fined $1,000.
After today's proceeding, Guetzloe and his attorneys said it is likely he will appeal the sentence.
Guetzloe's case had lingered and continued to be argued in state and federal appellate courts since November 2006, when he pleaded no contest to 14 misdemeanor counts under state election law.
At that time, Arnold postponed Guetzloe's 60-day jail sentence pending the expected appeal. His sentence at that time also included three years of probation and $7,500 in fines.
In 2008, however, the 5th District Court of Appeal tossed 13 of the 14 charges, saying the additional counts amounted to "double jeopardy" and that he was improperly charged for the same crime.
The one remaining charge, however, stuck.
The case stems from a 2006 mailer Guetzloe sent anonymously during a Winter Park election. The flier included a police report about then mayoral candidate David Strong's 1999 dispute with a neighbor in which he smeared dog excrement on the neighbor's neck and shirt.
The flier did not include a required disclaimer identifying it as a paid electioneering communication. The mailer went to more than 5,000 households, according to court documents.
The language in the statute has since changed and Guetzloe and his attorneys argued that it would be impossible to prosecute him under the same law today.
Check back for details.
muckraker coverage. a critic: Doug Guetzloe is a Male Shoveness Pig cnn old clip the man they love to hate (clip).
Some of the florida cases on disclaimers include:
Doe v Mortham (narrowly construed the statute down to almost nothing)
Smithers v FlaEC - unreported ACLU case found statute unenforcable
I forget if Broward County Condo assn. is Georgia or Florida. Florida,
Broward Coalition v. Browning.
Ok, here's the first of many? updates.
The case is procedurally complex.
Guetzloe had pleaded no contest, in state court, butfiled something in federal court. The federal court found the statute unconstitutional and enjoined it, [in Broward County] but the state is proceeding anyway. Meanwhile a state appeals court dismissed all but one of 14 charges. I haven't seen the filings. I'm basing this on this article:
http://articles.orlandosentinel.com/2010-08-28/news/os-doug-guetzloe-sentencing-set-20100827_1_doug-guetzloe-new-sentencing-date-sentencing-hearing
Maybe a habeus petition is in order? I've never done one of those. I feel like I know the merits of his dispute pretty well, but procedure is over my head.
here, courtesy of one of his enemies, of which he seems to have many, are some docs from the florida election commission.
http://www.sunshinestatesarah.com/2010/06/more-trouble-for-convicted-criminal.html
he's apparently highly litigious, dozens of cases.
Ax the Tax, Founder and Chairman. Since 1982, Ax the Tax has successfully led thirteen (13) anti-tax efforts that have resulted in a savings to taxpayers of over $10.5 billion in taxes.
from one online bio at http://www.antifascistencyclopedia.com/allposts/a-fox-news-connection-to-the-orlando-triple-murder-suicides
ok this link is helpful:
http://centralfloridapolitics.com/2009/06/29/1st-amendment-rights-1-state-of-florida-0/
It turns out Guetzloe is being sent to jail for violating the same statute that was declared void by a federal judge in IJ's Broward County case.
That, it seems to me, represents some extreme judicial and prosecutorial misconduct.
I've alerted IJ although my guess now is that they already know about it.
(On Friday, Mr. Guetzloe was sentenced to 60 days in prison for a misdemeanor campaign violation relating to an anonymous political flier he sent four years ago, but his sentence does not start until after the election.)
To any newcomers to this blog, I'm active in the area of disclaimers statutes, which were found unconstitutional in 1960 in Talley v California, but are still being illegally enforced in many states. welcome electionlawblog readers.
his bio and contact info
Among other things he
He's also facing separate heat over not having a disclaimer for a link on his website in 2008.
I then found this article.
Political consultant Doug Guetzloe sentenced to 60 days in jail
October 22, 2010|By Anthony Colarossi, Orlando Sentinel
Orange Circuit Judge C. Jeffery Arnold has sentenced political consultant Doug Guetzloe to 60 days in the Orange County Jail in his 2006 misdemeanor involving a campaign-flier violation.
The political consultant won't have to report to jail until Nov. 3, a day after the election. He had asked for his sentence to be withheld until then so he could help participate as a consultant in various campaigns.
Guetzloe was adjudicated guilty this afternoon, and Arnold said he could participate in a work release program. Guetzloe was also fined $1,000.
After today's proceeding, Guetzloe and his attorneys said it is likely he will appeal the sentence.
Guetzloe's case had lingered and continued to be argued in state and federal appellate courts since November 2006, when he pleaded no contest to 14 misdemeanor counts under state election law.
At that time, Arnold postponed Guetzloe's 60-day jail sentence pending the expected appeal. His sentence at that time also included three years of probation and $7,500 in fines.
In 2008, however, the 5th District Court of Appeal tossed 13 of the 14 charges, saying the additional counts amounted to "double jeopardy" and that he was improperly charged for the same crime.
The one remaining charge, however, stuck.
The case stems from a 2006 mailer Guetzloe sent anonymously during a Winter Park election. The flier included a police report about then mayoral candidate David Strong's 1999 dispute with a neighbor in which he smeared dog excrement on the neighbor's neck and shirt.
The flier did not include a required disclaimer identifying it as a paid electioneering communication. The mailer went to more than 5,000 households, according to court documents.
The language in the statute has since changed and Guetzloe and his attorneys argued that it would be impossible to prosecute him under the same law today.
Check back for details.
muckraker coverage. a critic: Doug Guetzloe is a Male Shoveness Pig cnn old clip the man they love to hate (clip).
Some of the florida cases on disclaimers include:
Doe v Mortham (narrowly construed the statute down to almost nothing)
Smithers v FlaEC - unreported ACLU case found statute unenforcable
I forget if Broward County Condo assn. is Georgia or Florida. Florida,
Broward Coalition v. Browning.
Ok, here's the first of many? updates.
The case is procedurally complex.
Guetzloe had pleaded no contest, in state court, but
http://articles.orlandosentinel.com/2010-08-28/news/os-doug-guetzloe-sentencing-set-20100827_1_doug-guetzloe-new-sentencing-date-sentencing-hearing
Maybe a habeus petition is in order? I've never done one of those. I feel like I know the merits of his dispute pretty well, but procedure is over my head.
here, courtesy of one of his enemies, of which he seems to have many, are some docs from the florida election commission.
http://www.sunshinestatesarah.com/2010/06/more-trouble-for-convicted-criminal.html
he's apparently highly litigious, dozens of cases.
Ax the Tax, Founder and Chairman. Since 1982, Ax the Tax has successfully led thirteen (13) anti-tax efforts that have resulted in a savings to taxpayers of over $10.5 billion in taxes.
from one online bio at http://www.antifascistencyclopedia.com/allposts/a-fox-news-connection-to-the-orlando-triple-murder-suicides
ok this link is helpful:
http://centralfloridapolitics.com/2009/06/29/1st-amendment-rights-1-state-of-florida-0/
It turns out Guetzloe is being sent to jail for violating the same statute that was declared void by a federal judge in IJ's Broward County case.
That, it seems to me, represents some extreme judicial and prosecutorial misconduct.
I've alerted IJ although my guess now is that they already know about it.
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