snoqueen wrote:I think what Noth is saying is the constitutional question will be decided based on the facts of the investigation, but we'll find out. The higher courts aren't exactly investigative bodies, of course, so what's in the documentation they've been given?
As PJ said, the 7th won't be looking into the facts of the case for the appeal.
The appeal is based on the theory that state officials are immune from lawsuits while in the commision of their duties. The USSC has previously ruled that such immunity does not protect them from civil rights lawsuits when constitutional rights are infringed, I think the 7th is going to give Randa the go ahead to continue the case based on that.
Once Randa does reach a final decision on the case (and if he finds for the plaintiff) I'm sure the defendants will appeal that decision and the facts of the case will play a bigger role in terms of determining whether or not the John Doe investigation does indeed violate the plaintiff's first amendment rights.
I would hope Randa or the 7th have the good sense to say no it doesn't Being unable to raise money to put out a message hardly qualifies as a first amendment issue even if you believe money is speech. No one is preventing the people with the money from spending it to put out a message.
For that matter I would hope to god no federal judge would go so far as to state that being under investigation actually violates civil rights.