To be Filed October 16, 2009
Petition for Writ of Certiorari
The petition addresses freedom of speech, the right to petition for redress of grievances, and the right to present a defense.
The government sought to enjoin Benson from discussing a political issue, alleging his opinion was false. Mr. Benson attempted to defend by presenting certified government documents establishing the factual basis for his opinion. The court held his opinion was false as a matter of law, and struck Benson's evidence from the record as being immaterial and irrelevant.
If allowed to stand, we will have lost not only the right to debate political issues in an open forum, but the right to present a defense when charged with illegal conduct. These are serious issues that require your attention.
We are asking for the filing of amicus briefs in the hope of obtaining certiorari.
The pleadings in the District Court may be viewed here: http://jeffdickstein.com/pleadings.aspx.
The pleadings in the 7th Circuit Court of Appeal may be viewed here: http://jeffdickstein.com/7thcir.aspx. The oral argument before the 7th Circuit may also be heard at the same url.
Jeffrey A. Dickstein
Attorney at Law
500 W. Bradley Rd., C-208
Fox Point, WI 53217