John Richard Smoak, Jr.
John Richard Smoak, Jr. is an American lawyer and a current judge on the United States District Court for the Northern District of Florida.
Smoak was born in Columbus, Georgia. He received his Bachelor of Science from the United States Military Academy in 1965 and served in the United States Army from 1965 to 1970. He received his J.D. from the University of Florida College of Law in 1972. He was in private practice in Florida from 1973 to 2005.
Smoak was nominated to the United States District Court for the Northern District of Florida by President George W. Bush on June 8, 2005, to the seat vacated by C. Roger Vinson. He was Confirmed by the Senate on October 27, 2005, and received commission on November 3, 2005.
Rulings on Free Speech
In 2008 in Gillman v. Holmes County School District Smoak ruled that students of public school have the right to wear gay pride T-shirts and pins. This ruling came after a Florida principal suspended many students for wearing such items.[1] Smoak also ordered the school to notify, in writing, all high school and middle school students that they possess this right.[2]
In Brayshaw v. City of Tallahassee, Fla. Smoak struck down a Florida statute which made it a crime to "publish or disseminate the residence address or telephone number of any law enforcement officer while designating the officer as such..." Brayshaw had posted, online, the name of a Tallahassee police officer, along with her home address, cell phone number and age, and also criticized the officer, stating that she was verbally abusive, rude and unprofessional. Brayshaw challenged the constitutionality of the Florida statute, claiming a right to free speech under the First Amendment. On April 30, 2010, Judge Smoak struck down the 1972 Florida law, finding that the statute was "unconstitutional on its face".[3][4][5][6]
References
- ↑ "Florida Community Rallies in Support of Anti-Gay Principal". pinke.biz. Retrieved 2008-08-21.
- ↑ "Federal Judge Rules in Favor of Gay Rights Expression". WJHG.com. Retrieved 2008-08-21.
- ↑ Federal Court Strikes Down Florida Statute That Criminalized Free Speech When Criticizing Police Officers, May 3, 2010
- ↑ ACLU Issues Federal Judge Order With Officer's Personal Information Published By Judge That Resulted In False Arrest
- ↑ Randall C. Marshall, Legal Director Of The ACLU Publishes Article Of Unconstitutional Law And False Arrest, July 5, 2010
- ↑ Is Tallahassee Police Department Violating City Watchdog's Free Speech?, October 16, 2012
Sources
- John Richard Smoak, Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
External links
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