The Volokh Conspiracy - Is Judge Enjoining Sales of a Book?

The Boston Herald reports:

A judge who figures prominently in a Methuen father's new book about losing custody of his child issued an order yesterday on whether sales of Kevin Thompson's tell-all should be banned.

But you won't read all about it here because Essex Probate and Family Court Justice Mary McCauley Manzi impounded her decision in Lawrence....

While Thompson dedicated one chapter to Manzi -- the same judge who awarded custody of his son Patrick, 4, to the child's mother, Methuen teacher Kathleen Moran -- he put the boy's picture on the back cover.

That goaded Moran to ask Manzi to restrain Thompson from disseminating any more copies....

Even Thompson does not know what the judge decided: Her ruling is being sent to him in the mail....

If the judge has indeed enjoined distribution of the book, that seems like a clear First Amendment violation to me. Regardless of when and whether a judge may limit parents' custody rights based on their speech, the judge may not enjoin parents from publishing books; and that the book uses the child's name and picture is surely not reason enough to enjoin speech this way, either -- there is no First Amendment exception for speech about children.

Thanks to reader Rob Latimer for the pointer. If any of you hear more about the case, and about what the order says, please let me know.

	[Eugene Volokh, March 24, 2006 at 11:20am] Trackbacks Is Judge Enjoining Sales of a Book? The Boston Herald reports: A judge who figures prominently in a Methuen father's new book about losing custody of his child issued an order yesterday on whether sales of Kevin Thompson's tell-all should be banned. But you won't read all about it here because Essex Probate and Family Court Justice Mary McCauley Manzi impounded her decision in Lawrence.... While Thompson dedicated one chapter to Manzi -- the same judge who awarded custody of his son Patrick, 4, to the child's mother, Methuen teacher Kathleen Moran -- he put the boy's picture on the back cover. That goaded Moran to ask Manzi to restrain Thompson from disseminating any more copies.... Even Thompson does not know what the judge decided: Her ruling is being sent to him in the mail.... If the judge has indeed enjoined distribution of the book, that seems like a clear First Amendment violation to me. Regardless of when and whether a judge may limit parents' custody rights based on their speech, the judge may not enjoin parents from publishing books; and that the book uses the child's name and picture is surely not reason enough to enjoin speech this way, either -- there is no First Amendment exception for speech about children. Thanks to reader Rob Latimer for the pointer. If any of you hear more about the case, and about what the order says, please let me know.