Friday, February 01, 2008

ACLU rallies to Lynch's defense in lead paint case

In what even Steve Brown might call a man-bites-dog story, the RI chapter of the ACLU, which has been known to criticize Attorney General Patrick Lynch, is coming to the AG's aid in a matter related to the state's blockbuster lead paint case.

Supporting the public’s right to know, the Rhode Island ACLU has today filed a brief urging the R.I. Supreme Court to reverse the imposition of $15,000 in fines against Attorney General Patrick Lynch for public comments he made during the “lead paint public nuisance” case. The brief argues that the fines violated not only Lynch’s First Amendment right to free speech, but also the public’s right to hear the “views of attorneys concerning pending litigation in which the attorneys are involved.”

Lynch was twice fined by a Superior Court judge for allegedly violating the Rules of Professional Court and a “gag rule” the judge had issued against him in the controversial, high-profile case. The comments leading to Lynch being found in contempt of court and fined included a statement decrying what he called the lead paint’s “despicable” tactics in attempting to delay resolution of the case and for referring to the lead-paint makers as “those who would spin and twist the facts.” The 33-page ACLU brief, filed by volunteer attorney Amy R. Tabor, argues that the fines and “gag order” were imposed in clear violation of Lynch’s free speech rights and should be overturned.

Regarding the judge’s “gag order,” the ACLU brief argues that the First Amendment “protects the right to express and hear opinions at a meaningful time, place and manner. This includes the right to communicate about … social and political lawsuits while those lawsuits are taking place. The Trial Court’s broad ban on ‘making any subjective characterizations of the defendants’ violates these rights.”