presented here in 2 installments. Link to complete story with pictures and refernces here
Comments by Brian Shilhavy
Editor, Health Impact News
Recently, a judge in Boise, Idaho allegedly ordered a mother in court to have MedicalKidnap.com take down a picture of a Child Abuse Specialist, Dr. Amy Barton, from one of our articles, because publishing her image allegedly is “not acceptable” and violates her clinic’s policies.
The clinic is St. Luke’s Children’s Hospital CARES (Child At Risk Evaluation Services) in Boise, Idaho.
Maybe Judge Courtnie Tucker is not aware that St. Luke’s Children’s Hospital CARES belongs to the National Children’s Alliance, which in 2019 will administer a total of $10,271,000.00 in federal funds under a cooperative agreement with U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, as reporter Allie Parker will explain below.
Because if Judge Tucker is aware of this, then she should certainly understand the First Amendment of the Constitution protects Freedom of Speech and Freedom of the Press to publish and criticize any public servant, meaning anyone receiving public funds.
Child Abuse Pediatricians are not regular doctors. They are not hired by parents, but work together with Child Welfare programs all across the country looking for child abuse, and as such operate more like law enforcement than they do like doctors.
Therefore, if you are being accused of any wrong-doing by a Child Abuse Specialist doctor, you are free to publish criticisms of them, and if any judge tells you otherwise, the judge is on the wrong side of the law.
And this holds true for any other “public servant,” such as law enforcement, social workers, judges, and anyone else working for an entity receiving public funding.
We The People
by Allie Parker
Health Impact News
Civil rights are often violated by physicians and hospitals when accusing a family or individual of child physical or medical abuse. Prosecutors and even some judges are raising the bar by violating the US Constitution’s First Amendment.
It is becoming common knowledge that child abuse pediatricians and child protection services intimidate families and individuals. This intimidation has now entered the courts, which is a place where citizens are supposed to be presumed innocent until proven guilty, have the right to due process, and the right to a fair and speedy trial.
Unfortunately, a recent case in Idaho, clearly shows a Judge, Judge Courtnie Tucker and Prosecutor Shari Dodge, are violating the First Amendment rights of a mother and son. They are also going so far as to violate the First Amendment right of the press.
The US Constitution was made effective in 1789, and starts with “We the People.” According to the US Senate, this affirms that the government and the United States exist for its citizens. [1]
The First Amendment to the Constitution states: “Congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
However, in Idaho, Prosecutor Shari Dodge made complaints to Judge Courtnie Tucker about a Facebook page supporting a mother who is allegedly, falsely accused of medical child abuse, claiming the case involves a child (16 years old), and is “possibly” violating the Idaho Child Protection Act.
The Prosecutor also motioned for the interview, done by St. Luke’s Children At Risk Evaluation Services (CARES), which was posted by the family, be taken down, arguing the department doesn’t make those interviews public and is concerned about how it is being used.
St. Luke’s (CARES) boasts they are the only Idaho-based not-for-profit health system. [2]
It is also part of the National Children’s Alliance, which in 2019 will administer a total of $10,271,000.00 in federal funds under a cooperative agreement with U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. [3]
Judge Tucker agreed with Prosecutor Dodge, and ordered the mother to take down the interview, as well as any articles covering the case, which include those published by MedicalKidnap.com, further violating not only the mother’s First Amendment rights to freedom of speech, but also MedicalKidnap’s right to freedom of press.
Not to mention, MedicalKidnap.com, and the articles it publishes, are completely out of the mother’s control.
Furthermore, according to Idaho Rules of Family Law, procedure rule 115, “all trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom.”
The rule continues with “All trials or hearings of any court held before a judge or magistrate assigned thereto, and all judgments and orders issued by such courts shall be deemed to have been done in open court, regardless of the place held.” [4]
On July 16, 2019, Judge Tucker seems to have violated rule 115 of the Idaho Supreme Court Family Law, and violated the US Constitution’s 1st Amendment rights of both the family and the press.
A crowd gathered at the courthouse in support of the family, which included Eric Parker, President of the Real 3%ers of Idaho, who raised the question to the judge asking if a State legislator, also present in support, could stay to witness the proceedings.
A bailiff immediately prevented him from recording, and took away his phone.
The judge ordered everyone out of the court room, and those suspected of recording were taken behind closed doors and made to erase any videos.
See:
Idaho Judge in 16-Year-Old Medical Kidnap Case Orders Video and Picture of Doctor Removed from MedicalKidnap.com as Cell Phones of Supporters are Confiscated
to be continued tomorrow
