The Banning of "The Federal Mafia"The government's "Permanent Injunction" that forbids Irwin to sell copies of the Federal Mafia is a blatant violation of Amendment 1 and rests on the false ruling of SCOTUS that speech is free only if not commercial. That fundamental change to the First Amendment was made without a shred of authority in law; Article 5 reserves to three quarters of the States to amend the Constitution.
But it was done anyway, and that was applied to Irwin in 2008.
The importance of appealing it is that basically the same arguments apply here as to the criminal conviction. Once a court admits in this civil case that the government is legless, the path will be clear to overturning the conviction also.
Here are the links:
- The Order of September 2008
- The Injunction itself, filed 10/15/2009
- Irwin's Motion to Stay, dated 11/23/2008
- Irwin's Supplementary Motion to Stay, dated 1/5/2009