***NICKOLAS VS. FLETCHER FILED*** Federal 1st Amendment & Equal Protection Clause Lawsuit Filed Against Governor Fletcher, Secretary Rudolph, and Secretary Farris Regarding Censorship Of Political Speech

This afternoon, a federal lawsuit was filed in the Eastern District of Kentucky entitled Mark Nickolas v. Governor Ernie Fletcher, Secretary John Farris and Secretary Robbie Rudolph over the recent targeting and censorship of BluegrassReport.org. (click here to see verified complaint). The suit alleges that the administration's actions are an infringement of rights under the 1st Amendment and Equal Protection Clause of the United States Constitution. (for background click here)

Louisville attorney Jennifer Moore and the Washington, DC litigation group of Public Citizen (led by attorney Greg Beck) are representing me in this litigation. The complaint asks that the government's ban of BluegrassReport.org be declared unconstitutional and access be restored. No monetary damages are sought.

Click here for the press release which Public Citizen has just put out.

The complaint focuses on two separate issues:
 
First, the Fletcher Administration targeted my political speech by specifically banning BluegrassReport.org because I have been critical of this corrupt administration, and not so coincidentally did so the morning after a front-page New York Times story very critical of Fletcher where I was quoted and this site mentioned. Only after the fact have they scrambled to block other sites, albeit haphazardly.
 
The second issue, however, has significant national implications as it involves the unconstitutional efforts by government to discriminate against non-traditional media, like the blogs. In this case, the mainstream newspapers’ websites were not blocked, but non-traditional media like mine were. They did so with no standards or policy guidelines in place and implemented in a non-sensical and arbitrary manner.
 
This is fertile constitutional ground since the blogosphere is such a recent phenomenon, but the courts have already begun according blogs with media protections (as has the FEC) and historically are quite sensitive to targeting of non-traditional media, often comparing them to the early American pamphleteers.

One last thing. I'll need your help in coming days and weeks to ensure that we have the resources to fully fund this legal effort! Please contribute below if you can.

UPDATE (4:30pm): Already getting some national attention as Political Wire and Daily Kos have just posted.

UPDATE #2 (6:15 pm): TPMmuckraker continues its excellent coverage of this matter.

UPDATE #3 (6:30 pm): We've learned that federal Judge Karen Caldwell has been assigned this case. This should be quite a fight.

UPDATE #4 (7:25 pm): AP has a story:

Washington Group Files Suit On Behalf On Political Commentator
ROGER ALFORD
Associated Press

FRANKFORT, Ky. - A federal judge will decide whether state officials violated the constitutional rights of a political commentator by blocking access to his Web site on government computers.

The Washington-based advocacy group Public Citizen claims in a lawsuit filed Monday in U.S. District Court in Lexington that the state singled out the Web site of Mark Nickolas, http://www.BluegrassReport.org.

The lawsuit names Gov. Ernie Fletcher and two of his top administrators as defendants.

[...]

"The state has not consistently enforced its ban and has not yet given a coherent reason why blogs devoted to news and politics should be treated any differently than traditional news sites," said Greg Beck, the attorney who filed the lawsuit.

The Fletcher administration declined comment on the lawsuit Monday evening. "We've not even seen the lawsuit yet," spokeswoman Jill Midkiff said. "We can't comment until we've had the opportunity to review it."

Midkiff previously said the state blocked numerous Web sites to boost employees' efficiency. State officials were not targeting particular sites, she said.

However, Beck said the circumstances of the case suggests that the state intentionally targeted Nicholas, because it occurred immediately after Nicholas was quoted in a New York Times article being critical of Fletcher.

In the lawsuit, he contends the state infringed on Nicholas' rights under both the First Amendment and the equal protection clause of the Constitution.

"The state's blocking of BluegrassReport.org constitutes content-based discrimination," said Louisville attorney Jennifer A. Moore. "While the state may regulate what its employees do during work hours, it cannot selectively control the reading material of employees based on content. The state also cannot discriminate based on traditional and nontraditional media sites."

UPDATE #5 (7:35 pm): Elisabeth Beardsley weights in with a story on the Courier-Journal website:

Blogger Sues Fletcher Over Web Policy
By Elisabeth Beardsley
ebeardsley@courier-journal.com
The Courier-Journal

Blogger Mark Nickolas, who runs BluegrassReport.org, has sued Gov. Ernie Fletcher and other administration officials for barring access to his Web site from state workers’ computers.

The lawsuit, filed Monday in U.S. District Court in Frankfort, alleges that the state’s action violated the First Amendment and the equal protection clause of the U.S. Constitution.

[...]

Nickolas, a frequent Fletcher critic, claims the administration targeted his Web site based on his political speech, said his lawyer Jennifer Moore.

He is also arguing that the administration illegally discriminates based on content, since state workers can still access newspaper and TV station Web sites.

The suit asks for the blog to be un-blocked and for attorney fees, but no monetary damages, Moore said.

Finance Cabinet spokeswoman Jill Midkiff said the agency had not yet received the lawsuit and could not comment.

UPDATE #6 (8:00 pm): Kentucky Law Blog -- a terrific online publication -- posted about the lawsuit this afternoon:

This just in. 

Mark Nickolas tells governor he'll see him in court over censorship of blogs.  Actually, suit was filed in federal court over the censorship mess. Jennifer Moore and attorneys with Public Citizen are representing Mr. Nickolas in this First Amendment case.  Jennifer is an outstanding attorney with a firm known for quality legal work. Therefore, this is not a posturing suit but a legitimate legal action seeking a restraining order against the governor's actions.

Although one initially might think it a legitimate government interest to keep government employees on the government payroll spending their government time on government business, this is not how the blog filtering worked or was implemented.  Reports from Frankfort and others reveal that some blogs were blocked, others were not, some were then they were not, and a distinction was made between various publications (be they blogs or the on-line equivalents of main stream media (newspapers). 

...This appears to be another fine mess that Ernie has gotten himself in as he plays a political version of cowpie bingo.   

Yesterday it was censoring political opinions, today it was flying a trial balloon on changing the law to allow gubernatorial appointments of the attorney general and state treasurer.  With all that is going on, someone at the state's power center needs to follow this sage advice - it's best to remain silent and let them think you are the fool, rather than open your mouth and speak and thus remove all doubt.

UPDATE #7 (8:40 pm): Jack Brammer has just filed a story with the Herald-Leader:

Blogger Sues To Restore Ky. State Workers' Access
By Jack Brammer
HERALD-LEADER FRANKFORT BUREAU

FRANKFORT - Gov. Ernie Fletcher's administration cannot block state workers' access to political blogs while permitting the use of traditional news sites, said a federal lawsuit filed today by a national, non-profit consumer advocacy organization.

Public Citizen, based in Washington, D.C., filed the lawsuit in U.S. District Court in Frankfort on behalf of Mark Nickolas, who writes the BluegrassReport.org political blog.

Louisville attorney Jennifer Moore, who is working with Public Citizen on the lawsuit, said the state unconstitutionally singled out Nickolas' political news site. She also said Nickolas is not seeking any monetary damages, but the lawsuit does seek attorney fees.

"It's not about the money," Moore said. "It's about constitutional rights. The government says it wants its employees to be informed. But when the government decides what news they can read, that's dangerous."

Fletcher's press office referred calls to Jill Midkiff, a spokeswoman for the Finance Cabinet. She said the state had no immediate comment on the suit.

[...]

The Fletcher administration contended that it was not targeting Nickolas' blog, but had formulated a policy to add to a list of sites banned on state employees' computers, including gambling and pornographic sites.

But blogs on mainstream media Web sites, as well as prominent conservative blogs such as the Drudge Report, remained accessible, Moore said.

She said the state's blocking of BluegrassReport.org constitutes content-based discrimination.

"While the state may regulate what its employees do during work hours, it cannot selectively control the reading material of employees based on content. The state also cannot discriminate based on traditional and non-traditional media sites."

Greg Beck, the Public Citizen attorney who filed the lawsuit, said in a statement: "The state has not consistently enforced its ban and has not yet given a coherent reason why blogs devoted to news and politics should be treated any differently than traditional news sites.

"The circumstances of this case suggest that the state intentionally targeted Bluegrass Report because of the political content of the site."

Listed as defendants in the lawsuit are Fletcher, Finance Secretary John Farris and Executive Cabinet Secretary Robbie Rudolph.

U.S. District Judge Karen Caldwell has been assigned the lawsuit. No hearing date has been set.

Comments

[bluebelle]

Yeeeeeehaaaaaaw! Go get 'em! Way to continue going after the bad guys, Mark! Thank goodness you're out there taking Boy Guv to task. Too bad our official party leader couldn't be effective even if they wanted to.

Good luck and THANK YOU!

[Holler Boy]

Wonderful, especially on your No. 2 issue, the discrimination against non-traditional media!
Some of us out here exist on limited incomes, but THIS effort will get my small contribution. I'm sure you don't mind even modest contributions, right, Mark? Way to go. HB.

[Kentucky_Tomahawk]

Take a claw-hammer to the scumbags, Mark; metaphorically speaking, of course.

[Ky Conservative]

Typical liberal,filing frivolous lawsuits for public attention and personal gain!

[Kentucky_Tomahawk]

'Typical liberal, filing frivolous lawsuits for public attention and personal gain!"

Can you imagine the level of rightwingnut schreeching if a Democratic governor had targetted republican bloggers?

Why an 80 gig hard drive wouldn't be able to hold all their indignant outrage.

Looks like their whining has already begun- why do they hate America and our Constitution?

[Ky Conservative]

We love American and defend the Constitution!However we intensely dislike wine sipping,quiche eating,Volvo driving,tree hugging,fear mongering,limp wristed and hateful liberals!

[bluebelle]

Keep talking, KY Conservative...you're doing us great favors with your inappropriate hatred. Are all Republicans as nasty as you?

[g2mmatron]

keep fighting the good fight, man. Fight corruption in all its forms. hateful liberals? what you said wasnt exactly extending the olive branch of peace. kc_tomahawk.

[g2mmatron]

oops i mean kc_conservative

[KY LadyKat]

Ky Conservative,

I am thrilled that national political junkies will read this post tonight and find you as their introduction to the KY GOP.

Congratulations on helping Ernie Fletcher destroy your party's credibility.

[Ky Conservative]

Forgive me, I forgot politically correct elitists!

[Ky Conservative]

I said my piece,I will just let you quiche-eating, tree hugging,alligator shoe wearing liberals stew in your own vegetarian juices..

[WKDEM]

Good work Marko !!! and thanks Ky Conservative for signing off !!!

[ShakyII]

Making the claim a first-amendment Retaliation claim seems pretty clever. You certainly have a good prima facie case. And the timing of the State banning your blog should be enough alone to create a sufficient inference of causal-connection to get you past summary judgment. Once over the summary judgment hump, let the discovery begin. I'd love to be a fly on the wall on some of those depositions. Good luck.

[pollman]

Mark,

i am a state worker and somebody wised up the trolls - your site is also no longer accessible as ".com" - ".org" was blocked early but they finally picked up on the ".com" extension - but eBay (a little auction site that was supposed to also be banned - is STILL accessible. I tried at lunch (MY UNPAID TIME). At the ".com" extension, you could read your posts but not the comments from others. Good luck with your lawsuit - a lot of state employees are rooting for you, slong with truth, justice and the American way - a free and informed electorate

[Raoul Duke]

Ky Conservative's troll-fu is very weak.

[Robert Cumming]

Number 4 "Grant any additional relief to which plaintiff is entitled" -Ooh I like that one .

[Behind Enema Lines]

Ky Conservative:

My American-Made and Ford-Produced Volvo will last decades longer than and cost less than your automobile, I'm betting. Is that why you're bitter?

Or is it because I've never "hugged a tree" or eaten quiche? And are you referring to the Mayan people of south central Guatemala or the biscuitty tart/pie? I have a feeling your hatred is actually toward elitests, not liberals. As I don't know too many liberals who act like you profess-- they're all conservatives.

Also find it odd that Mark referred to himself as a journalist.

This is going to be fun to watch.

[KySeattle]

Does this mean that the Attorney General will have to defend Indicted Idiot Governor Ernie Fletcher?

[DM Strong]

I seem to recall someone daring Mark to file that lawsuit.

Now it seems Mark's got some pretty sharp lawyers on his side.

At least Mark's backing it up.

[Kentucky_Tomahawk]

Mark, I think you better re-think what a great thing it is that Karen Caldwell is going to judge this case.

That being said I've met Ms. Caldwell and found her to be a pleasant and affable person.

In fact I think at one point she was a fund raiser for the GOP- I might be wrong about that.

----------------------

CALDWELL, KAREN
LEXINGTON,KY 40513
DINSMORE AND SHOHL
6/7/2000
$4,750
Republican Party of Kentucky

CALDWELL, KAREN
LEXINGTON,KY 40513
DINSMORE & SHOHL
7/9/1999
$1,000
Bush, George W

CALDWELL, KAREN
LEXINGTON,KY 40513
DINSMORE & SHOHL
12/5/1999
$1,000
Fletcher, Ernie

CALDWELL, KAREN
LEXINGTON,KY 40513
DINSMORE & SHOHL
6/30/2000
$1,000
Fletcher, Ernie

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEDING CUNNINGHAM
7/31/1998
$1,000
Fletcher, Ernest

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEDING CUNNINGHAM DANCE & CRESS
12/15/1997
$1,000
Fletcher, Ernest

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEK CUNN DANCE & CR
8/18/1997
$1,000
Bunning, Jim

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEK CUNN DANCE & CR
7/31/1998
$1,000
Bunning, Jim

CALDWELL, KAREN
LEXINGTON,KY 40513
ATTORNEY
9/16/1998
$535
Republican Party of Kentucky

CALDWELL, KAREN
LEXINGTON,KY 40513
DINSMORE AND SHOHL
8/3/1999
$500
Republican Party of Kentucky

CALDWELL, KAREN
LEXINGTON,KY 40513
DINSMORE & SHOHL
6/30/1999
$500
McConnell, Mitch

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEK CUNN & CRESS
9/20/2000
$333
Bunning, Jim

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEK, CUNN & CRESS
9/7/1999
$333
Bunning, Jim

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEDING CUNNINGHAM
3/23/1998
$300
Northup, Anne

CALDWELL, KAREN
LEXINGTON,KY 40513
ATTORNEY
10/16/1997
$250
Republican Party of Kentucky

From her website:

"Senators McConnell and Bunning spoke of Judge Caldwell’s integrity and reputation for fairness, and confirmed that she was their “first choice” to fill a vacancy on the federal bench in Kentucky."

[DM Strong]

oh, and I drive a volvo. ;)

but at least I'm not an ignorant hillbilly who thumps a bible and preaches hate at the same time, and paves over a horse farm to build a wal-mart we don't need.

[Kentucky_Tomahawk]

The more I look at Caldwell's contribution record the more I think she might want to recuse herself to avoid the appearance of a conflict of interest.

---------

CALDWELL, KAREN
LEXINGTON,KY 40513
BREEDING MCINTYRE
12/26/1996
$1,000
Fletcher, Ernest

CALDWELL, KAREN
LEXINGTON,KY 40513
ROBINSON & MCELWEE
3/20/1996
$300
McConnell, Mitch

[mark nickolas]

Notwithstanding Judge Caldwell's more active political past, I hear she's a very smart and fair judge and I'm optimistic that she'll give me a fair shake. I still have a lot of faith in the federal judiciary.

[Holler Boy]

Judge Caldwell cares more about her lifetime job of defending the rights of all of us than she does about any political party. This is an issue of first impression in our Courts, with fundamental First Amendment considerations, and that means two things: Judge Caldwell will give everyone a thorough and fair chance to present their case, and, it's way too limited to worry about what one Federal District Judge is going to do on this issue, since this one is likely to go all the way to the Supremes, and I ain't talking Joe Lambert. HB.

[BluegrassSojourner]

Good luck and Godspeed, Mark. An awful lot of people are squarely in your corner. And, a few are conspicuously silent here tonight.

Please tell us how/where to make contributions to this historic and important stand being taken for all of us - tree huggers and Bible thumpers alike (whether they like it or not).
Heartiest congratulations.

[Robert Cumming]

Notwithstanding Nicky's good intentions this one aint got a snow balls chance. Ernie's impending Motion For Summary Dismissal will be swiftly granted and duly ordered . As Chief Executive and head back scratcher Ern does reserve the right over State Employee's of when to turn on and off the lights , thermostat settings , stay or go home on snow day etc , etc . Nice try , Hopefully Ern will soon enough go down on something a little stickier

[LexLawyer]

I would worry if Bunning's son were the federal judge assigned to the case, but not Karen Caldwell.

First, from all I have heard, she is someone who cares far more about the law and her professional credibility than about politics.

Second, she is much closer to McConnell than Bunning. As we have seen with the flag burning vote, McConnell is a strict supporter of the First Amendment (and has to be to justify his definition of campaign donations as speech). And McConnell has been silent on Fletcher's blog-banning mess, hasn't he?

[CSI]

Did you know you can still access Bluegrassreport.org with your state supplied BlackBerry.

It's like the legislators saying state employees cannot smoke in their offices but they can in thir offices.

Fletchers employees cannot view the site but his corrupt cronies can.

All merit employees should turn in their Blackberries. Why do you carry them around any way. They cost the taxpayers $40 per month so you can read an email after hours. Then you answer and are not compensated, you do it "FOR FREE".

Turn 'em in!

[Behind Enema Lines]

The BlackBerries cost closer to $100 a month.

WHAS11 just ran a story about the suit, fyi.

[Fred]

Karen Caldwell and Mitch McConnell dated prior to McConnell's marriage to Elaine Chao.

[LexLawyer]

WKYT (27, CBS affiliate) ran a piece on the lawsuit, too.

[sdwn]

I want to personally thak KY Conservative for his/her/its efforts to confirm the neurosis and 5th grade intelligence of the future Wal-Mart greeters w-a-y out there on the rightwing fringe. And yes, there is no doubt in my mind that we would be hearing a mighty squeal were the facts of this situation reversed.

[naitch]

No reason to actually read the suit. I'm be much more interested in the discovery process - both ways.

Personally, I think the Fletcher administration would have been better off issuing a policy banning going to any non-work related web use and then using its' software to identify and discipline/fire any offending party. Of course, all he has done is left more angry/hurt people in a position to stick the knife to him. Rookie move!

[Mark Nickolas Is Full Of Shit]

This won't go anywhere. Arguments can be made that an employer has an absolute right to control what takes place on his dime in the workplace, that an employer has an absolute right to control the traffic on his computer network, and that employees are still free to read BGR at home.

CSI, as for the blackberry, I know a KYTC merit who has one. He doesn't keep it with him all the time but he will check it periodically during the evenings/weekends. Anything that requires a response automatically results in him putting down at least 0.5 hours of overtime, which is always OK'd by his non-merit supervisor. He says he has been told by his supervisor that he is not expected to work for free when he is away from the office.

[Revenue Girl]

Hey Mark,

Here is your story for the day. One of Morticia's non-merits passed this along today.

Evidently, Buttplugs approved the ethics and legality of Morticia using state resources to promote his company.

Remember, Morticia runs the Finance Cabinet which is responsible for all procurement. Morticia's company is being advertised by the Economic Development Cabinet.

The Executive Branch Ethics Rules strictly prohibit this type of activity.

It would be like Brereton Jones putting his farm up for sale and steering out of state purchasers to his location over others and using state resources to do it. That would be ILLEGAL.

http://www.thinkkentucky.com/edis/Bldg/BldgProfile.asp?BldgID=035-006

[Radical Leftie]

Revenue Girl! Good to hear from you again!

Sorry to go off-topic, but I need some info from you.

I've been wanting to request an elaboration on a post you made back when COT first blocked BGR - about how you'd found a way to connect your laptop from work via Verizon, for about $30 a month. I am a Verizon cell customer, and the only thing of this sort they've offered me is a plan that costs $100 for the hardware, and $60/month. Could you please clue me in to what they offered you, and how I might go about getting it too?

Thanks, and now - back to the show!

[DemWoman]

Didn't a state employee post that E-Bay isn't blocked? The judge should be made aware of that if it is true. It goes to the "keep 'em working defense".

Mark, when they file their response (30 days?) we will look forward to seeing it here. After all, the taxpayers of Kentucky will be paying for it.

It sure looks like selective enforcement based on political speech at this point.

[Behind Enema Lines]

Revenue Girl, there are a ton of properties here.

Doesn't look like there's anything dastardly going on, unfortunately.

[Trooper]

Here is somemore on Morticia from the non-merits. Morticia ordered Mark Rutledge of COT to copy all of the e-mails of suspected disloyal employees. In fact, it was widely believed that Mr. Doering (Transportation Whistleblower) received legal advice from Dan Egbers (attorney, Justice). Therefore, Morticia ordered Rutledge to copy Egbers e-mails.

[LexLawyer]

MNIFOS wrote: "This won't go anywhere. Arguments can be made that an employer has an absolute right to control what takes place on his dime in the workplace, that an employer has an absolute right to control the traffic on his computer network, and that employees are still free to read BGR at home."

MNIFOS, strangely enough, your comment might make some sense -- but only if the lawsuit concerned a PRIVATE employer.

The Fletcher Administration is not an "employer" in those terms. It is the government.

So, it is not some employer's "dime". It is the taxpayers' money.

And the government has no "absolute right to control" computer traffic based on content. That's what the First Amendment forbids.

Under U.S. Supreme Court interpretation of the First Amendment, government entities have differing latitude to restrict "speech" based on the type. It's easy for the government to justify restricting access to pornography. There is "intermediate scrutiny" for restrictions on commercial speech. And "strict scrutiny" for restrictions on political speech and journalism.

The strict scrutiny test requires the GOVERNMENT to prove that the restriction furthers a "compelling interest" and that specific content distinctions are "NECESSARY" to achieve that compelling government interest.

In this situation, that's a nearly impossible test for Fletcher's lawyers to satisfy. They might have had a chance on the first day of the ban, but subsequent bumbling actions revealed what Fletcher's real purpose was.

[Trooper]

I think that Karen Caldwell is married to a Fletcher appointee in the Environmental and Public Protection Cabinet. I would think that she should recuse.

[habit]

That's funny. I work as a state employee in 3 different locations, and I am posting to this site from my desk right now. If you got a job, you'd make more money than you would with false lawsuits.

SEE STUPID PEOPLE: http://www.syserr.com

[Trooper]

Is that you Glenna?

[dagfug]

habit...If you work from 3 different locations (we can see the first is up Ernie's arse), what 2 other arses are you up?

[gregariousred]

Mark, I admire you for taking this on. I am curious as to what Glenn Greenwald would say to your case, since he's a first amendment lawyer (glenngreenwald.blogspot.com).

What's wrong with hugging trees? Trees are a valuable resource and necessary for our survival. Quiche is very good, but it's not really any different from breakfast casserole. Wine is good for you, and Equus Run makes some good ones. Limp wristed? Hardly.

[habit]

Trooper, apparently i'm in the right places since i know how webwasher and the proxy works. this lawsuit is a bunch of rubbish by filed by non-technical, money hungry, jobless, neophytes.

[Trooper]

habit,

LOL, you can't even figure out that DugFug made the arse comment not me.

[dagfug]

habit,

It was I that made those comments and I am a Network Admin so I am well aware of what certain programs are capable of. You should be more worried about a nosewasher program because yours is extremely brown.

[Heavy]

Alright, let's take bets on how long it will take this case to be dismissed. I give about 2 days.

[Trooper]

With the incompetence of Buttplugs and ChubbyGwen, the chance of success in the lawsuit is close to 100%.

[DirtyHarry]

Mark, you and your lawsuit are nothing more than a crab on Fletcher's balls.

[Mark Nickolas Is Full Of Shit]

Very interesting to see that at the top of the main BGR page is a plea for money for Mark's legal assistance fund.

Also interesting to see Dan Egbers' name here. He was general counsel for Personnel Cabinet under Patton. He probably gave Carol Palmore & Co. lots of advice on how to circumvent KRS 18A during his years at Personnel. So his hands are definitely not clean.

I just finished reading Fletcher's attorneys' memorandum for dismissal of the indictments and I must say that if Melcher does not dismiss the indictment forthwith and with prejudice, then he needs to be removed for judicial incompetence.

[Ky Conservative]

We will have to put Mark under a suicide watch if Judge Melcher dismisses the indictment of the Governor based on Fletcher's valid legal argument that prosecuting the governor on alleged hiring violations "amounts to selective and vindictive prosecution in violation of the equal protection clauses of both the Kentucky and United States constitutions."

I don't think Mark really cares about the outcome of his personal lawsuit and is just doing it for publicity and to draw attention to himself and this self-promoting blog!

[DirtyHarry]

Ky Conserative, Mark has been pimping his BLOG for awhile. He's looking for an offer. Personally, my offer would be a bag of sliders but I'm afraid he'd take it.

[LexLawyer]

Either MNIFOS, Ky Conservative, and DirtyHarry are all the same person, or else they work together at Republican Party HQ or in the Fletcher Administration.

No one else could be full of such baseless anger, and have so much time free to pour it into nasty messages.

[bluebelle]

That or they could be Jerry Lundregan, Dale Emmons, and Jonathan Hurst. Wouldn't put it past those folks over at the KDP who hate Mark just as much as the Republicans do!

[DirtyHarry]

LexLawyer,
You got it wrong; I am the one and only DirtyHarry. Of course I agree with most of what the other two you mentioned post; but they do so on their own. I’m not acquainted with either. I don’t work for the Republican Party HQ or in the Fletcher Administration. If you sense nastiness in my messages remember, I only respond to some of the absurd, baseless, unsubstantiated and nasty comments posted by Mark and his leftists’ cheerleaders.
BlueBelle,
If you want to disparage me, call me a queer, tightwad, child-molester, liar, bigamist, racist, terd, wife beater or child abuser etc. but don’t you ever call me a Democrat again. That is hitting way below the belt.

Oh, and as Mr. T would say, "I don't hate Mark, I pity the fool."

[dagfug]

How bout we just stick to calling you what you really are, dumbass.

[CSI]

Behind enama lines -- BB's cost $39.41 per month... I checked

MNIFOS -- Only in KYTC would one Republican non-merit pay another 1/2 hr of time for a 30 second email

[KyWorkerBee]

My blackberry is roughly $38 a month for the phone line and $40 a month for the data access. We were told that the phone line was required for the data access. However, I am "guilty" of doing quite a bit of free work. I cannot justify turning in comp time just because I used my brain for ten minutes to type an email while I'm shopping in Kroger or after the kids are in bed. I usually do this for a cumulative total of an hour or more each evening, and several hours each weekend, but I prefer to stay on top of things at work. My employer realizes that the montly cost of the blackberry pays for itself several times over in the amount of free work I do. The only time I ever turn in comp time is when I actually work for more than 30 minutes on a single problem, which usually involves a trip in to the office.

However, I'm thinking that maybe I should pay closer attention to those KYTC job openings. Visions of block-50's are starting to dance in my head...

[Leanna]

Mark has a great lawsuit, but more importantly, its going to allow him to shine the light of day on corrupt - oops, I mean indicted Governor Ernie Fletcher's filthy little administration. And Ky Conservative - accusing Mark of filing the suit for personal gain - can't you read? He's not seeking damages (money). He just wants Fletcher to use his authority fairly -if he's going to ban one blog, then he must ban them all. If he's going to block his critics, then he must block his supporters as well. But Fletcher, if there is a bad decision lurking in a 120 county area he will hunt it down and make it his bitch, bought himself a front page above the fold federal lawsuit that will consume the last 1 year 4 months and 3 weeks of his administration, and then some. Mitch, the devil just called in your chits.

And state employees - forcryingoutloud, why are you working off the clock? Remember that $200 raise you're getting, along with the 100% increase in health insurance? Turn it off. Take a bubble bath. Send Mark a check. Wash your car. Call your mother. Learn Spanish. Anything except work off the clock. No one in this bunch appreciates your dedication.

[meritman]

Block-50? What's a Block-50? Oh, yeah...those checks that I was promised when I was hired and then told I could never, ever trigger. Sorta' like those 5% annual increments I was promised. The only 5% I ever received was at the end of probation at the end of the Patton administration (and that doesn't count).

[EK Indy]

Leanna: I think that your comment about ernie's administration sums up the total ineptitude and not thinking of what the repercussions of their actions would/could cause in the plainest of terms possible: "But Fletcher, if there is a bad decision lurking in a 120 county area he will hunt it down and make it his bitch".....that is priceless

[CSI]

If full version BB's cost $80 per month, the monthly bill is probably over $8,000 per month or over $100,000 per year so cronies can answer an email 5 minutes earlier than normal.
This is waste and abuse of my tax dollars

[Mark Nickolas Is Full Of Shit]

The financial gain Mark's looking for comes in terms of publicity, which he's been getting in droves due to this lawsuit, his complaints against Joe Lambert, etc.

My guess is that he's angling for a big position with one of the presidential campaigns and is doing what he can to get noticed. I hope he signs on with the eventual nominee. It'll make voting against whichever liberal you guys put up in '08 that much sweeter if I know that Mark Nickolas is working for him or her.

[cynprof]

wow there sure are lots of comments on this. If any lawyer out there could answer this I would love to know something. How are Mark's 1st. Amendment rights being impinged upon since he is not a state employee? I mean, it's not like the government has censored Mark. So are his rights being violated? Thnx.

[Kentucky_Tomahawk]

Cynprof-

I'm not lawyer but my layman's understanding is that Fletcher has violated Mark's 1st Amendment right to uncensored political speech by the government in specifically targetting him (which has already been established), and in doing so Fletcher has also violated the Equal Protection Clause.

This has nothing to do with Mark being in or out of government- my understanding is that the Fletcher adminstration by picking and choosing what political speech they will censor, they have broken the law.

My personal view is whatever state workers want to look at on their lunch or at breaks- excluding pornography- shouldn't be a concern.

Here's a link to read:

http://www.law.cornell.edu/topics/equal_protection.html

Like I said this is my everyday person understanding.

[cynprof]

thank you for answering my question. i do have one more dumb question though. if the employees are using computers owned by the state, doesn't the owner of the computer have the right to allow or not allow anything they want?
i think, but not sure, that some employers even have some phones so that the employee can't get an outside line for personal phone calls.
could it be here that the state is only trying to make sure that employees work and not waste time online all day?
anyway, like i said, i just wonder if since the state owns the computers if that gives them the right to block certain things? thnx

[Kentucky_Tomahawk]

"...if the employees are using computers owned by the state, doesn't the owner of the computer have the right to allow or not allow anything they want?

Just to be clear- the citizens of Kentucky are the owners, not Ernie Fletcher. And this is not a private company we're talking about, but the government.

But more importantly you're missing the point.

Fletcher and his people made decisions on what websites they would allow and what websites would be censored. They deliberately misused their governmental power to limit the speech of one segment.

I guess conservatives don't get the point because this is something they approve of- but frankly this kind of behavior is more in line with North Korea and the former USSR than it is with American vaules.

My view.

------

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

[Steve Magruder (I, not D or R)]

Mark, congrats on launching your suit.

And to the reichists and Fletcher proxies: What's wrong with self-promotion? I thought this was a uber-capitalist system. The American people are *expected* to promote themselves.

[Steve Magruder (I, not D or R)]

By the way, the reichists' comments about quiche eating and tree hugging are not unexpected. They also think that 'leftists' (def: anyone who doesn't agree 100% with their mean-spirited political positions) are all pacifists who aren't armed. This is, of course, a laugh riot.

These reichists get all their thoughts and talking points from the reich-wing media. If they ever offer an original thought, it will be a major surprise.

[Fred]

Karen Caldwell is married to Lloyd Cress who is the Commissioner of the Department for Environmental Protection in the Cabinet for Environmental and Public Protection. He is an attorney.