Freedom of Speech


"The freedom to criticize judges and other public officials is necessary to a vibrant democracy. The problem comes when healthy criticism is replaced with more destructive intimidation and sanctions." - Sandra Day O'Connor

Below please find my response to a friend and colleague who had a personal encounter with Federal Judge William E. Smith.  My friend asked me about Smith's actions and decisions during Toray Plastics' America's lawsuit against me.  

Following please find the facts of my professional legal experiences with RI Federal Court Judge Smith and Magistrate Patricia A. Sullivan.  

Facts:

In March 2023 Toray dismissed my case, with prejudice, and paid my considerable legal bills. I signed nothing. This suggests they admitted the case was frivolous and neither Toray or Smith wanted the case to be heard in public. 

Toray dismissed 51 months after filing the lawsuit in December 2018.  Normal federal court filing to hearing time is 12 to 14 months.  

Smith and Magistrate Sullivan were former law partners whose firm likely served Toray.  Toray's counsel clerked for Sullivan. None of this was disclosed.  No one recused themselves. 

"The collusion of big business, big labor, and big government threaten the spirit of small business that makes America great." - Foster Friess

Toray filed in 12/2018.  I was assigned a mediation with Sullivan and Toray in 12/22. 

I refused to settle because there was nothing to settle.  I did nothing wrong and broke no laws in writing my book. This made Sullivan ballistic.  She was not impartial.  

In August 2022 Smith granted me partial summary judgement, meaning he found some of Toray's claims non admissible, yet stated the case was still worthy of a jury fact find, or trial.

Then, in March of 2023, he refused to hear the case because, I am guessing, the public would question him about agreeing to hear a case lacking sound evidence.  So, Toray dismissed.  

Toray was mad at me for  investigating, by their request, a legitimate shooting threat caused by a deranged manager and my elevating the report to Japanese execs who requested it. Their suing me had nothing to do with the book. 

One American Toray executive, in particular, was jealous and triggered by my book and was behind the case. In Japan, Corporations like Toray consider suing individuals shameful and dishonorable.  

Smith has a reputation for aligning his trial decisions with RI corporations at the expense of the little guy.  He demonstrated this in my case. 

His 51 months of  delays stalled my book's momentum.  His reasons for not granting us summary judgement and for hearing the case were not clear or justified. 

I found his decisions and actions conflicted with my Constitutional Rights to Free Speech and to a Fair Trial. 

I've been advised It's best not to criticize justices and their decisions in public. To this point, I've directed my posted ire at Toray wronging me, and Smith assisted them. 

However, I agree with former Superior Court Judge, Sandra Day O'Connor who said, "the freedom to criticize judges and other public officials is necessary to a vibrant democracy. The problem comes when healthy criticism is replaced with more destructive intimidation and sanctions."

Regardless, my being bullied by Toray and RI Federal Court Justices makes a good addendum for my first book as I have the rights and freedom to write about the case. It is in the public domain.

"Justice will not be served until those who are unaffected are as outraged as those who are." - Benjamin Franklin

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