Related Background Information

This document is part of a series in which gross misconduct by U.S. Dist. Judge Donald L.
Graham and Magistrate Frank Lynch Jr. is documented at http://mmason.freeshell.org,
http://mcneilmason.wordpress.com, http://donaldlgraham.blogspot.com,and
http://geocities.com/mcneilmason. These websites allege and document gross misconduct which
would otherwise be incredulous and beyond belief. These websites demonstrate that federal
judges will lie to protect themselves and each other and conceal their misconduct through the use
of unpublished decisions. A long list of misconduct and abusive behavior by U.S. Dist. Judge
Donald L. Graham is fully documented at: http://mmason.freeshell.org/CoreAllegations.htm.
Chief Judge J.L. Edmondson, Eleventh Circuit, U.S. Court of Appeal, has stated that
intentionally usurping legal authority is not misconduct. See Judge J.L. Edmondson Mocks the
Judicial Misconduct and Disability Act at mmason.freeshell.org/372c/.

FIRST PRIOR RESTRAINTS ON PURE SPEECH WERE EVER

IMPLEMENTED
U.S. Magistrate Judge Frank Lynch, Jr. issues two orders on June 19, 2000, (D.E. # 201) and
July 25, 2000, (D.E. # 246), that mark the dates that the first prior restraints on pure speech were
ever implemented in the entire history of the United States. These orders were issued by a mere
Magistrate Judge, Frank Lynch, Jr., in US Dist. Ct. Case No. 99-14027-Graham/Lynch, U.S.
Dist. Judge Donald L. Graham, presiding. These documents were assigned Docket Nos. 201 and
246. The second of these two orders, (D.E. # 246) is even more expansive because the federal
Magistrate asserts jurisdiction over the administration of Florida Public Records. Incidentally a
Magistrate may not issue an injunction. “A judge may designate a magistrate to hear and
determine any pretrial matter pending before the court, except a motion for injunctive relief…”
28 U.S.C. § 636(b)(1)(A). “Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or 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.” Amendment I, U.S. Const. For more information on this matter see
http://mmason.freeshell.org. These orders prohibit direct communication with the government by
a non-lawyer. These orders required Marcellus M. Mason to seek the permission of Allen,
Norton &Blue, a law firm in Tampa, Fl to talk to his local government, Highlands County Board
of County Commissioners. Tampa, Florida is approximately 90 miles from Sebring, Florida, the
county seat of Highlands County and residency of Marcellus Mason. U.S. Dist Judge Donald L.
Graham, S.D.Fla., in a secret opinion has that this injunction is not clear error. Judge Graham has
expressly stated that the issuance of the injunctions by Magistrate Judge Frank Lynch, Jr. was
not "clearly erroneous nor is it contrary to law." See Docket Entry No. 407. This prior restraint
is discussed more fully at donaldlgraham.blogspot.com. These orders clearly implicate the First
Amendment and the "Petition Clause".
The attached order prohibits direct communication with the government by a mere pro se
litigant, Marcellus M. Mason and states: “[T]he Plaintiff shall be prohibited from contacting any
of the Defendants, including their supervisory employees and/or the individual Defendants,
regarding any matter related to this case. Plaintiff shall correspond only with Defendants'
counsel.” The Defendants being referred to are government entities and their employees. ie.
Highlands County Board of County Commissioners, Heartland Library Cooperative, et.al. “The
term "prior restraint" describes orders forbidding certain communications that are issued before
the communications occur. “ . Temporary restraining orders and permanent injunctions -- i. e.,
court orders that actually forbid speech activities -- are classic examples of prior restraints.”
Alexander v. United States 509 U.S. 544,550 (1993). “Prior restraint has traditionally been
defined as a "predetermined judicial prohibition restraining specified expression…” Bernard v.
Gulf-Oil Co., 619 F.2d 459, 476 (5th Cir. 1980) According to the United States Supreme Court,
a prior restraint comes to the Court with a heavy presumption against its validity. New York
Times Co. v. United States, 403 U.S. 713, 714 (1971). This presumption is so strong it has been
described a virtually insurmountable. In re Providence Journal Company, 820 F.2d 1342 (1st Cir.
1986)(“pure speech--speech not connected with any conduct--the presumption of
unconstitutionality is virtually insurmountable.”). In over two hundred years, the U.S. Supreme
Court composed of nine Article III Judges, has never upheld a prior restraint on pure speech, In
re Providence Journal Company, supra, however, a mere Magistrate, Frank Lynch, Jr, issues
these injunctions with ease.

Eleventh Circuit Refuses To Review These Orders For Validity

The Eleventh Circuit, U.S. Court of Appeal has refused to review these orders for validity on
multiple occasions. The Eleventh Circuit has used trickery and unpublished opinions to avoid
reviewing these orders for validity:
• U. S. Circuit Judge Ed Carnes stated that he could not review these order s for validity
because a mere Magistrate deemed them “not injunctions per se” but discovery orders”.
See US Circuit Judge Ed Carnes Undermines U.S. Supreme Court By Imposing Hobson’s
Choice .
• A colleague, U.S. Dist. Judge Vanessa D Gilmore, of Judge Donald L. Graham was
overruled on appeal for entering a similar order. See Judge Graham Disagrees With The
Fifth Circuit, U.S. Court of Appeals.
• Eleventh Circuit Case No. 01-13664-A, a direct appeal, the Eleventh Circuit refused to
review the validity of these injunctions; however, they spend 14 pages talking about
Marcellus Mason’s violations of these clearly illegal injunctions. This appeal has been
called the appeal from hell. See Eleventh Circuit Case No. 01-13664: The Appeal
From Hell.
• The Eleventh Circuit has long history of refusing to review these orders for validity.
See A Federal Magistrate May Issue An Injunction So Long As He Does Not Call it
An Injunction section entitled “Appellate Odyssey and Gauntlet”.


UNITED STATES DISTRICT COUR T

SOUTHERN DISTRICT OF FLORID A

MARCELLUS M . MASON, JR ., CASE NO . 99-14027-CIV-DAVI S

Plaintiff ,

vs . F LED by D.C.

HEARTLAND LIBRARY COOPERATIVE ,

HIGHLANDS COUNTY BOARD OF COUNT Y JUN 19 2000
COMMISSIONERS, HARDEE COUNTY BOARD
CLARENCE MADDO X
OF COUNTY COMMISSIONERS, CAROLYN CLERK U. S . DIST . CT .
S . D. OF FLA .
HESSELINK, DIANE HUNT, FRED CARINO ,
FRED MYERS, MARY MYERS, LESLIE WOOD ,

Defendants .
/

ORDER ON DEFENDANTS' MOTION FOR PRELIMINARY INJUNCTION (DE #199 )

THIS CAUSE having come on to be heard upon the aforementione d

Motion, and this Court having reviewed the Motion, and noting tha t

this Court is considering this Motion as a pretrial discovery issu e

and not an injunction issue per se, and further noting that th e

Defendants allege that the Plaintiff, pro se, has repeatedl y

contacted Defendants' supervisory employees and the individua l

Defendants regarding matters related to this case, and bein g

otherwise advised in the premises, it is hereby

ORDERED AND ADJUDGED that Defendants' Motion for Preliminary

Injunction is GRANTED in that the Plaintiff shall be prohibite d

from contacting any of the Defendants, including their supervisory

employees and/or the individual Defendants, regarding any matte r

related to this case . Plaintiff shall correspond only wit h
Defendants' counsel .
 DONE AND
this ORDERED in Chambers at Fort Pierce, Florida ,

19th day of June, 2000 .

cc : Marcellus M . Mason, Jr ., Pro S e

Maria N . Sorolis, Esq .
Summer Barranco, Esq .