CONTACT ME


  • Kimberly A. Kralowec
    The Kralowec Law Group
    180 Montgomery Street,
    Suite 2000
    San Francisco, CA 94104
    Tel: (415) 546-6800
    Fax: (415) 546-6801
    Web: www.kraloweclaw.com
    Email: uclpractitioner@gmail.com

December 2014

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31      

« UCL/CLRA remedies hypothetical | Main | Supreme Court denies review in Dunham v. Memberworks »

Thursday, March 16, 2006

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8345172b069e200d834b1689b69e2

Listed below are links to weblogs that reference Ninth Circuit asks Supreme Court to decide whether the First Amendment protects what you say on your website: ReadyLink Healthcare v. Lynch:

Comments

Cordo

I had always thought the First Amendent protected speech. Why a man did what he did was not supposed enter into it, unless it demonstrated an element of the offense, such as a specific intent crime. Here, the only thing at issue is the man's intent. As I understand it from your article, the records were public and the information reported was accurate. Nothing should be actionable.

There appear to be limits to that protection, though. We have, for example, so easily incorporated the term "hate crime" into our lexicon that we don't even blink. But isn't tacking prison time on to a crime due to the motivation for the act punishing speech? Isn't that the very thing the First Amendment is supposed to prohibit? If you set a synagogue on fire, that is arson, which is already punishable. Why you set the synagogue on fire is not supposed to enter into it.

What the lawyer did is certainly reprehensible and even childish. I am surprised the Bar isn't looking into this conduct. It does not, however, appear to be a matter for the courts.

Kimberly

Thanks for your comments. I believe and hope that the First Amendment protects this lawyer's speech, "childish" and unprofessional as it was.

David Justin Lynch

I am the victim in Readylink v. Lynch. I am proud of what I did and would do it again. As an American I have a right to freedom of speech and I intend to use it, whether or not other people like what I say. Simply put, Barry Treash is a convicted felon who served time in Federal Prison. That is an undisputed fact on the public record. Barry, not me, is responsible for the ongoing effects of his actions many years ago. In choosing to commit the acts of which he was convicted, he assumed the risk of arrest, prosecution, incarceration, and the ongoing presence of those facts on the public record. Barry could have avoided having a felony conviction on the public record by not having committed the felony in the first instance. I did nothing wrong, childish, reprehensible, or anything of the kind. All I did was exercise the rights I have as an American.

socalguy

Well, with regards to freedom of speech. Barry Treash created two nurse staffing companies--Brighton Staffing and Burlington Staffing, LLC. These were companies "Based" out of Chicago but which operated at the Readylink Healthcare building in Thousand Palms, CA this was a surprise when being hired by Barry on his "expansion" venture on created two new companies. Well, to keep the long story short, when coming into Readylink Healthcare under a different name on day one---red flags came up!! Today, Barry Treash dissolved Brighton Staffing, LLC and Burlington Staffing, LLC because of this unethical, and misconstrued business practice! He did not even had the "balls" to let us go today and dissolve the companies right from under us. And his "patsy" HR Director tell us that "Per Barry, it just didn't work out" and threw us out of the building!! Who else but a cold-hearted demon have two managers in healthcare staffing re-locate sign leases to new dwellings, leave a stable job and then let us go in a drop of a hat!! I do not know how this "dog" sleeps at night screwing up the lives of people!!

The comments to this entry are closed.

2014 Supreme Court Calendar


Research


Disclaimer


  • Nothing in this blog constitutes legal advice. If you need legal advice, consult an attorney in your jurisdiction. To read this blog's complete disclaimer, click here.


  • The UCL Practitioner
    © 2003-2014
    by Kimberly A. Kralowec
    All rights reserved.


  • Enter your email address:

    Delivered by FeedBurner




  • Header design by Webmotion
    Photos by Jack Gescheidt
    Powered by TypePad