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I didn’t know Mel Gibson was a lawyer…
Earlier this week, Michigan attorney Geoffrey Fieger (who previously defended Jack Kevorkian) found himself being smacked on the wrists by the Michigan Supreme Court. In a split 4-3 decision, the state’s high court reprimanded the attorney over a little 1998 hullabaloo. Seems that Fieger’s not a fan of many state judges - for instance, he once referred to a state appeals court panel as “squirrels, mollusks and lizards.” However, what got Fieger in real hot water this time were two 1998 radio appearances where he railed on members of the state Court of Appeals, calling them jackasses and comparing them to Hitler and the Nazis (see, that’s where the Mel Gibson reference in the title comes from…”QuizLaw - clever and timely!”). The majority opinion also says that the attorney suggested that the judges “should be anally molested by finger, fist or plunger.” This Fieger sounds like a real sweetheart.
Unsurprisingly, these radio tirades led to a complaint being filed with the Michigan Attorney Discipline Board. The Board dismissed the complaint in 2004, finding that Fieger had a First Amendment right to criticize the judges. Well, the Michigan Supreme Court disagrees, finding these “vulgar and crude” attacks to be poor conduct amounting to unwarranted “personal abuse.” Lucky for Fieger, a prior deal means that this ruling amounts to nothing more than a public reprimand, although he plans to appeal to the U.S. Supreme Court anyway.
I gotta’ say, this Fieger sounds like a douchebag, and his comments may not really amount to political speech. But I don’t think they amount to the kind of speech that isn’t protected by the First Amendment. I’m all for an independent judiciary, and I agree that there’s a certain amount of decorum and respect that should be given when in the courtroom, but I don’t think that amounts to all walks of life. I should be free to talk about a judge who ruled against me and colloquially call him a douchebag if I want, just as plainly as I’m free to talk about Fieger and call him a douchebag and compare him to a drunken Hollywood anti-Semite.
