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I'm surprised the judge issued a warrant for this, in light of the Constitutional issues involved here -- but unfortunately I'm not aware of any way to sanction a judge for doing so; the only remedy for a defective warrant is suppression of evidence obtained from it.

Unfortunately, Constitutional protections are only a defense to libel, so the prima facie case can still be made, and the warrant could technically still issue.

Sigh. The law sucks sometimes.



Someone on reddit[1] was suggesting that the judge and the sheriff were buddies.

* https://www.reddit.com/r/technology/comments/4wapuz/sheriff_...


Seems like PC for libel should be the written article itself. I don't understand at all how you're proposing the warrant might be valid.


The elements of criminal libel in Louisiana are clearly enumerated at http://law.justia.com/codes/louisiana/2006/146/78544.html. If the written article constitutes facts sufficient to allege a violation, then a warrant can issue.


A lawsuit against the city / state is the mechanism. If it becomes too expensive because of some dumb judge, the judge gets removed.

The downside, of course, is that you have to use the judicial system to achieve it.


In America, justice may sometimes be available, to those who can afford to pay for it.


What would you allege in this hypothetical lawsuit? What would the cause of action be?




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