Regina Drexler v. Rachel Brown

i QUESTIONSPRESENTED Petitionerwrotetwoliter ary essays published in university literary journals in 2012 and 2013 which were recognized as Notable Essays by Best American Essays. These essays concerned, in part, Petitioner’s relationship with Responde nt, as well as her relation - ships with other persons. The essays were narrative and introspective and contained no threats, express or implied, or other proscribed content. The trial court deemed these essays, and a public reading of excerpts of a draft of one of them which did not referenceandwasnotdirectedtoRespondent,“attempts tocontact”and“intimidation.” Based thereon, and on specialized extraneous information not admitted as evidence, the trial court issued a protection order against Petitioner which restrainsherprotectedspeech. FIRST QUESTIONFOR REVIEW Whether the First Amendment of the United States Constitution prohibits (i) the issuance of a civil protection order ba sed on protected speech, and/or (ii) the issuance of a civil protection order restraining protected spee ch, where such speech takes the form of published literary writing and readingnotdirectedtoanyperson? SECOND QUESTIONFOR REVIEW WhethertheDueProcessClauseoftheFourteenth AmendmentoftheUnitedStatesConstitutionprohibits judicial reliance on extraneous information as to specialized matters in lie u of the presented and improperlyexcludedexpertwitnesstestimony?