Comments on: Constitutional Right to be a Jackass

By: Fla. lawyer: I’ve got every right to call judge an “evil, unfair witch”

Mon, 11 Aug 2008 13:01:52 +0000

[…] judge, as by provoking recusal. For an extreme instance, see the Geoffrey Fieger episode recounted here, here, here, and here. More on what lawyers can say about judges from Bruce Campbell (Campbell […]

By: Rebecca

Rebecca — Tue, 04 Apr 2006 09:43:28 +0000

If he actually used the term “Nazis,” that would not be protected speech, as it is defamatory. You have a right to be a jerk, and to call other people jerks and other rude names, but not to slander. “Nazi” is a very specific allegation, and no different than if he had called the judges “child molesters” or “murderers.”

And even if calling judges “Nazis” was generally protected speech, it certainly wouldn’t be insulated from reprimand. Attorneys are held to a higher standard of decorum than laymen, and if the local Board wants to slap his wrists for being rude to judges, it can certainly do so.

By: peter morin

peter morin — Mon, 03 Apr 2006 20:03:32 +0000

I find it amusing that Feiger’s lawyer cites the 9th circuit case in defense of his position — the case involves the upholding of disbarment against a lawyer who repeatedly accused judges of being crooked, etc. The Court made note of the falsity of the factual claims there — Craig v. Harney would seem to support Feiger’s case as well.

So it appears that Feiger’s comments, while insulting and indecorous, are likely protected nonetheless.

Chalk one up to the esteem of the profession!

By: David Wilson

David Wilson — Mon, 03 Apr 2006 16:11:03 +0000

The courts are supposed to balance the First Amendment with the state bar’s right to keep attorneys in line. I’d side with free speech on this one, but attorneys usually exercise extreme caution in talking publicly about judges, if for no other reason than self-interest: they appear before them.

By: Deoxy

Deoxy — Mon, 03 Apr 2006 14:46:57 +0000

If it’s the State of Michigan reprimanding him, I think that would be an interesting case, and it might well turn out in his favor…

BUT

He’s a lawyer, licensed BY the state to practice, which puts him in interesting territory.

Now, if it’s the BAR association reprimanding him, well, I think he’s currently speaking out the wrong end.

By: markm

markm — Mon, 03 Apr 2006 13:07:24 +0000

Of course Fieger hired a lawyer to defend him. If he was defending himself, he’d just insult the judge again.

By: Peter

Peter — Mon, 03 Apr 2006 11:54:33 +0000

Fieger’s lawyer, Michael Alan Schwartz…

I know lawyers hire other lawyers, but to a layman like myself, it still seems funny.

Ah, Jeffrey Fieger: one of the few things I don’t miss about my years living in Michigan…