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Posted on Thu, Feb 10, 2011 : 4:30 p.m.

Fliers making allegations against sheriff's deputies prompt threat of libel lawsuit

By Lee Higgins

Washtenaw County is threatening a libel lawsuit against a man alleging he distributed fliers claiming two sheriff’s deputies "have known ties to the Ku Klux Klan" and are under investigation for plotting to murder a black veteran in August.

The county, Sgt. David Egeler and Deputy Joseph Ballard intend to sue 40-year-old Dwayne Dye of Roseville and are requesting a pre-suit deposition to require Dye to produce evidence of his alleged claims, county court records show.

A "petition to compel production of evidence for inspection" filed Tuesday by Attorney Cynthia Reach takes aim at seven fliers — six of which name one or both deputies and three of which contain images or cartoons of Klansmen. A hearing on the petition is scheduled for Wednesday.

The fliers make various allegations, including that the deputies, who are white, stood by Aug. 18 and allowed six white men to beat a black veteran who was with his white girlfriend and take his possessions. An internal investigation found the allegations in the fliers were false, Sheriff's Department spokesman Derrick Jackson said.

Dye told today that he did pass out the fliers and he is the veteran mentioned in them.

Jackson said the fliers were distributed some time after Dye was evicted last summer from "Camp Take Notice," a homeless tent community near Wagner Road and M-14 in Scio Township. After community members voted to evict Dye, Egeler and Ballard were called to stand by as Dye left the property, Jackson said. Dye left without incident. There was no assault or fight, Jackson said.

The petition says the fliers have been distributed in schools, businesses, hospitals, state and federal facilities, county courts, other county buildings, police stations and elsewhere.

"Unfortunately, our officers are put in situations where not everyone likes them," Jackson said.

Dye said he was assaulted in the tent community on the day of his eviction, and a deputy made inappropriate comments to him, which he said will reveal in court. Dye doesn't recall how many fliers he distributed.

"I passed them out and I stand by what I passed out and I can defend my position," he said. "I look forward to going to court."

He questioned what authority a homeless community has to kick someone off property it doesn't own. "Why is the Sheriff's Department recognizing a self-governing community on state property?" he asked.

Campers voted to evict Dye because he started an argument with another camper, whom he threatened to physically harm, said Brian Nord, president of MISSION, a non-profit that supports the camp. Deputies were called after Dye refused to leave, Nord said. As deputies stood by, campers removed Dye's possessions and told him they would be taken to an Ann Arbor church where he could retrieve them, Nord said.

According to the petition, a certified letter dated Jan. 27 was mailed to Dye, requesting a retraction of the fliers, that Dye stop distributing them and provide evidence to support his alleged claims. Dye has not responded, the petition says. Dye said he hasn't received the letter.

The fliers have drawn enough attention that the Sheriff's Department sent out a memo Wednesday to various local organizations, calling the allegations "blatantly untrue."

"In this instance, we are attempting to work with the individual who has made the allegations and will continue to do so," the memo says. "We appreciate you and your organization's understanding as we continue these efforts."

A hearing on the petition is scheduled for 3 p.m. Wednesday in front of Washtenaw County Circuit Judge Melinda Morris.

Lee Higgins covers crime and courts for He can be reached by phone at (734) 623-2527 and email at


Michael Schils

Thu, Mar 10, 2011 : 6:04 p.m.

It has now been exactly one month since this story posted and still no word on any further developments. Did the defendant show the court sufficient evidence to support his allegations against the deputies? Such would seem to be the case considering that there has been no indication that Washtenaw County has carried through with the threatened lawsuit. Perhaps those involved considered the potential negative PR suing a homeless vet could bring, (and why giving life to those nasty allegations would not be such a good idea), so they decided (with the media's help) to just let this story slip down the memory hole... (Of course the mods should consider that my speculation into what's going on is a direct result of the INCOMPLETE REPORTING on this story. When we aren't given the facts, we are forced to speculate. Nature abhors a vacuum.)

Michael Schils

Fri, Feb 18, 2011 : 3:03 p.m.

Since there has been no update on this story, should we assume that the deputies opted not to file their threatened lawsuit against the homeless vet? To speculate further, should we also assume that the lawsuit was dropped because on Wednesday the Defendant was able to show the court sufficient evidence to support his published allegations against the deputies? Inquiring minds want to know...throw us a bone, here, A2Com.

Michael Schils

Wed, Feb 16, 2011 : 5:34 p.m.

The hearing for the "petition to compel production of evidence for inspection" was scheduled for today. I assume A2Com will provide an update.

Michael Schils

Fri, Feb 18, 2011 : 3:09 p.m.

Well I just saw your reply after I posted my last comment. (Replies SHOULD NOT be hidden by default.) Did you find out anything by calling the clerk? And if so, would you mind sharing? (Clerks have not been very forthcoming with me in the past.)


Fri, Feb 18, 2011 : 1:39 a.m.

Call Judge Morris' clerk for an update.

Michael Schils

Sat, Feb 12, 2011 : 4:16 p.m.

"If you can't show the court sufficient evidence for these statements you've been making against us, then we will sue you."--Deputies' threat to homeless veteran Only a bunch of lawyers could conjure up that kind of an approach. I suppose the benefit is that it might allow for some kind of default judgment against the Defendant (homeless people are generally no so well versed on court procedures) that would conveniently preempt having to get into any messy fact-finding over exactly who did what.


Sat, Feb 12, 2011 : 3:01 a.m.

I would like to know who are the "various organizations" letters were sent to and who and what prompted communications to be so directed. I take it that the Sheriff's Department must have had inquiries over these flyers from persons or groups that have taken the content seriously. Isn't it ironic that county government saw fit to file civil action papers to investigate Dye when they filed no criminal charges in the tragic Lee brothers incident in West Willow, even though the FBI obtained federal civil rghts indictments against WCSD deputies and obtained one plea-based conviction.


Sat, Feb 12, 2011 : 2:24 a.m.

From what's been reported here, it appears that the original incident was treated (probably on a contingency basis) by the deputies as a "domestic dispute" call. This gets around the issue of "self-governing community" and recognizes the camp only as a "living space or domicile." A missing piece in that regard is that no spokesperson's name was given - the report says "community members voted" without properly identifying them. As for alleged "inappropriate remarks" coming from the deputies: while experience tells us that's possible, such a charge still requires proof (as in witnesses). Likely, this case will go nowhere and change nothing - I'm not optimistic when it comes to this kind of charge-and-counter-charge scenario. Overall: appearance further leads reasonable people to think that this is a case of one (possibly misbehaving) individual provoking a needless over-reaction from the Wasthenaw Sheriff's Department: it's very hard to see what that department hopes to gain, other than figuratively warning people against besmirching their "reputation" (whatever that may be).


Sat, Feb 12, 2011 : 3:19 a.m.

Right, this may be the first time in U.S. history that a county sued a citizen for libel. Probably the first time a homeless person has been sued for libel by a governmental unit. Can you libel the government? Good question! We need ACLU intervention!


Sat, Feb 12, 2011 : 12:28 a.m.

David Egeler, according to the Michigan State Bar Directory of 2010, is a member of the Michigan Bar and has an address of the Washtenaw County Sheriff's Office on Crane Rd. in Ypsilanti. so it appears he is both a deputy and a licensed lawyer; his bar serial number suggests he has been licensed to practice in Michigan for over 20 years. Cynthia Reach, according to the same bar directory source, is not a county employee. The County of Washtenaw is apparently going to be paying substantial funding to outside legal counsel to investigate and possibly prosecute a civil action for libel in the name of the county as well as two of its deputies. This legal action is a dangerous precedent. It is tantamount to President Obama authorizing federal funding to file defamation suits against everyone who claims he was born outside of the U.S. Ironically, the article has done more to publicize the allgedly libelous material than Mr.Dye could have possibly done.


Fri, Feb 11, 2011 : 9:21 p.m.

I find it appalling that a county would sue a citizen for libel. Cynthia Reach in the past has repesented county interests in court proceedings. Are the deputies expending any monies for this defense? This guy is homeless? Why waste monies in toygh times on retaining outside counsel such as Reach? Is this just to harass this poor guy? I hope the ACLU or Legal Aid will defend him.


Fri, Feb 11, 2011 : 8:19 p.m.

@Davidian You said Can you honestly say that you would feel comfortable letting your children play in the woods where people with untreated and severe mental health/substance abuse issue live? If you knowingly did this and something happened, it could be considered negligence on your part. If it didn't meet the legal definition, it certainly would meet the societal definitino. I say No I would not but I have never seen kids playing in this "woods" ! And I would not want my children playing in the woods where wolves are present. BUT I have not seen any wolves around here! I would be more concerned about the view my children would develop listening to comments like yours than this group! Until THEY show otherwise! You said We don't need published statistics to understand that people with severe mental heath issues or drug addictions can be and often are inherently dangerous people. It's common sense. I say Are all homeless drug addicts? Do all homeless have severe mental heath issues? Are all homeless inherently dangerous people? What a misguided view you have if you believe this! You said But if you want, I can quote thousands of cases starting with drunk driving deaths, psychotic episodes, assassinations (one in particular comes to mind), burglaries/robberies gone wrong, negligent fires, on down to leaving broken glass, infected needles, excreta, etc. I say Send me the link to any story that shows problems this group has caused in this location!


Fri, Feb 11, 2011 : 5:01 p.m.

@Davidian To go back: I would argue that anyone letting their children play in this particular area could be accused of neglect even if there were no homeless there. Due to the proximity of I-94 and M-14! You will have to come up with a better argument than that! I am in total agreement that there are areas that should not have homeless communities or tent camps.I just do not believe they are hurting anything at this point. When and if they cause a problem I will be the first to join in requesting they leave!


Fri, Feb 11, 2011 : 6:44 p.m.

There have been several stories about problems with this "community." It's not our imagination. And since you didn't disagree with any of my comments (but rather dodged them), I'll take that as an affirmation. Thanks.


Fri, Feb 11, 2011 : 4:55 p.m.

@Davidian All I asked is that someone cite me what problems THIS GROUP of citizens has caused!


Fri, Feb 11, 2011 : 4:45 p.m.

@ JCJ: Can you honestly say that you would feel comfortable letting your children play in the woods where people with untreated and severe mental health/substance abuse issue live? If you knowingly did this and something happened, it could be considered negligence on your part. If it didn't meet the legal definition, it certainly would meet the societal definitino. We don't need published statistics to understand that people with severe mental heath issues or drug addictions can be and often are inherently dangerous people. It's common sense. But if you want, I can quote thousands of cases starting with drunk driving deaths, psychotic episodes, assassinations (one in particular comes to mind), burglaries/robberies gone wrong, negligent fires, on down to leaving broken glass, infected needles, excreta, etc.


Fri, Feb 11, 2011 : 4:18 p.m.

@Southpaw "This camp has resulted in other camps of the 'voted off' springing up nearby, endangering our personal safety. When you have a group of desperate people, they will resort to desperate measures the get the firewood, drugs, money, supplies they need. They are going to take from the closest source, the residents in the homes adjacent to the camps." Would you or could you cite some examples of how these " desperate people" have endangered your personal safety? I don't live far away and I might be concerned if I lived closer. However I have not heard of any problems in the area as a result other than there are cars parked along Wagoner and Elizabeth Rd at times. If you can offer some evidence that they have caused a problem, harrassed anyone or bothered others property nearby I would have a change of mind. But until then I have always thought it better to have this group showing some resourcefulness rather than sitting on a park bench or in a shelter all day. And I commend them for their resourcefulness. My previous comment does not mean I support unsubstantiated claims or understand how they can have the sheriff remove someone from public property!

Michael Schils

Fri, Feb 11, 2011 : 3:50 p.m.

So the officers want to file a lawsuit to force this guy to quit distributing his fliers but first they want to check and make sure he doesn't have any evidence to back his claims? Well that's curious. If the officers know their hands are totally clean, it would seem that this first step would not be necessary...


Fri, Feb 11, 2011 : 9:23 p.m.

Pre-suit court petitions for discovery are very rare. There is something rotten in the State of Denmark.


Fri, Feb 11, 2011 : 8:46 p.m.

I think that's a pretty standard legal procedure, to be able to "see what the other side has" so to speak.

Michael Schils

Fri, Feb 11, 2011 : 8:31 p.m.

At this point, I only wish to imply that there must be a whole lot more to the story than we are hearing. If the officers clearly felt that their reputations were being unjustly damaged, they would be filing an immediate action with the court to halt the distribution of the flyers. This "well lets just see what he has first" pre-suit petition will just delay the whole process by at least a week.

rusty shackelford

Fri, Feb 11, 2011 : 3:54 p.m.

What, are you implying that there might be racist cops out there? Scandal!

rusty shackelford

Fri, Feb 11, 2011 : 3:43 p.m.

By the way, is there any independent evidence for or against his claims? If there were some veracity to them, it would be pretty extraordinary, but not shocking.


Sat, Feb 12, 2011 : 12:57 a.m.

The WCSD incident involving the Lee brothers in West Willow was pretty surreal when it broke in the summer of 2006 and many felt WCSD's finest would never do something that godawful - then the tapes appeared and it appeared that much of what the Lee family was saying was true.


Fri, Feb 11, 2011 : 3:27 p.m.

If the guy is homeless, it would seem that the paper could have been put to better use.


Sat, Feb 12, 2011 : 3:09 a.m.

Yeah, and money from the county treasury could be put to better use than hiring a private law firm to sue a homeless veteran. Giving this man some food, shelter, and care would be a better expenditure. Did the County Commission authorize this suit?


Fri, Feb 11, 2011 : 3:04 p.m.

I am a resident in a neighborhood near this camp, which is located under the Wagner Rd overpass on the median between M14 W and I94 E. I am so frustrated that no consideration is given to the homeowners or renting residents who are effected by these camps. FYI - it's actually in Scio Township, (whose managers claim 'nothing can be done'!!!???) and the land is owned by MDOT. This camp has resulted in other camps of the 'voted off' springing up nearby, endangering our personal safety. When you have a group of desperate people, they will resort to desperate measures the get the firewood, drugs, money, supplies they need. They are going to take from the closest source, the residents in the homes adjacent to the camps. I encourage all nearby residents to contact Rep. Mark Oiumet's office to report concerns and the Wash. Cty Sherriff to report any incidents of suspicious activity, persons, or theft. I am sure most of these people would rather have a roof over their heads, but we do know that some of them choose to live outside and take advantage of the many public services they receive (meals, cell phones, showers, bus fare...) all paid for by us as taxpayers.


Sat, Feb 12, 2011 : 12:11 p.m.

Yes, those nasty veterans have the nerve ! So what if they fought for our freedom, saw unspeakable hell in war, including their fellow soldiers blow to bits and maimed! Let's expect that they should come back, be unchanged, mentally balanced and act like nothing happened....because as far as OUR lives are concerned...nothing happened.


Fri, Feb 11, 2011 : 8:54 p.m.

Atticus, It is not a matter of annoyance, it is about safety and know instances of criminal activity in the area. I have spoken personally to some of them downtown and I know many of them are good people with complicated stories. I AM annoyed that the needs of these people are being ignored by the officials tasked to manage it, and they are left to spend several winters in tents to scavenge. I don't think facilitating homelessness with provisions like cell phones and bus fare and directions back to the tent camp is quite what the tax dollars were meant for. As someone in another post mentioned about providing cheap accommodations, how about using the nearly empty apartment building right up the road from Delonis Ctr on Huron?

Atticus F.

Fri, Feb 11, 2011 : 4:31 p.m.

If you dont agree with these peoples right to exist, then you should at least try to do something to address the problem of homelessness...But please don't expect my tax dollars to be used to lock these people up because they simply annoy you.

rusty shackelford

Fri, Feb 11, 2011 : 2:48 p.m.

This is just stupid. Assuming they county wins this lawsuit, which they probably won't, what assets are they going to collect? What a waste of taxpayer money. I'm also not sure how this is a concern of the county at all, as opposed to the individual officers. Has anyone ever heard of a government entity suing a private citizen for libel?


Sat, Feb 12, 2011 : 12:53 a.m.

No, absolutely not. A number of years ago a fellow in Macomb County accused a judge of having mob ties. The County Prosecutor brought a criminal slander charge that was eventually dismissed by a Court. Criminal slander charges or injuctions against libel are rarely upheld by the Courts on purely legal grounds. Sgt. Egeler has been a Michigan Bar member for over 20 years. Let him file his own case if he thinks he can collect.

Silly Sally

Fri, Feb 11, 2011 : 2:06 p.m.

There are many reasons that the homeless sleep outside: 1) some cannot abide by the no drugs or booze rules that shelters such as the DeLones Center have. 2) When the Delones Center was built, for a large multi-millon dollar price, they closed the other buildings that they were using. The Delones Center is not large enough, but those who run it rather have a lucky few in great conditions instead of serving all of the homeless in lesser conditions 3) A third reason is that liberals prevented forced stays at mental hospitals and conservatives closed down the empty hospitals. Now the mentally ill become homeless, or stay at teh new mental hospital, the county jail and prison system. So Silly!.


Fri, Feb 11, 2011 : 1:36 p.m.

This countries government and other groups can't wait to send money and ask for money to send to other countries to aid their homeless and disaster destroyed people but can't afford to take care of this countries homeless This is really sad to treat the needy of this country badly , and especially the veterans whether they are homeless or not.

Jimmy McNulty

Fri, Feb 11, 2011 : 1:05 p.m.

@ Craig, my thoughts exactly. Maybe they stapled it to a tree.


Fri, Feb 11, 2011 : 12:46 p.m.

I'll be the first to agree that homeless people--especially vets--need better services. I'll also be the first to acknoledge that you can't force anyone to take their meds on time every day, stop abusing drugs/alcohol, accept personal responsibilities, work full time jobs to support themeselves, manage their money effetively, etc. These are major things we take for granted, but they are not easy to do for anyone that has lived marginally for months/years/decades. The reality is that some people simply do not want to live within society's boundaries and will resist that at all costs. The other reality is that some people simply can't, for whatever reason. And that's so sad to me. Therin lies the problem of homelessness. There really may be no solution, short of forcing people to live in government housing, forced medication, etc....and none of that sounds fair, not to mention constitutional.


Fri, Feb 11, 2011 : 1:13 p.m.

Craig, I have a neat book on Eloise and it talks about how in the winter, the population would explode as all of the homeless folk showed up. I wish we still had the resources for some type of voluntary place like that. But even then they didn't receive any treatment. I don't think our society would accept that these days for a variety of reasons, even if we had the finances.

Craig Lounsbury

Fri, Feb 11, 2011 : 1:07 p.m.

Back in the "good old days" we had a rather extensive "state hospital" system where many of these folks were institutionalized. I don't know if that plan was better but it was different. It seems a bit ironic that the one that used to sit between US23 and Carpenter Road down around Bemis Road is long gone and now there is a maximum security prison just north of where the State hospital used to be.

Craig Lounsbury

Fri, Feb 11, 2011 : 12:44 p.m.

"According to the petition, a certified letter dated Jan. 27 was mailed to Dye, requesting a retraction of the fliers, that Dye stop distributing them and provide evidence to support his alleged claims. Dye has not responded, the petition says. Dye said he hasn't received the letter." If the guy is homeless where did they send the certified letter?


Sat, Feb 12, 2011 : 12:45 a.m.

LOL. Right, I wonder how this guy was tracked down if he had been homeless. This guy may not even be in the state tomorrow. And your tax dollars are being used to prosecute this absurd legal action.


Fri, Feb 11, 2011 : 11:35 a.m.

I so hope that the statistics presented by "Cash" above are wrong. I'm not one at all for social programs, but to think that one in every 168 American Veterans spent at least a night in a homeless shelter during a twelve month period, well that pisses me off. Of all the programs we have this should never occur, it is an atrocity! I hope this wakes some people up, I really hope it does. Next time you see that guy with a sign, maybe just maybe "he is a veteran". No matter what is is awful cold out there today just to be standing, I would suggest work might be allot easier. There are reasons they are standing there, just maybe they stood up for this country when some ran over to Canada! So when you turn your head today and tomorrow when you see them, just think of your "Freedom" and who you owe that to an American Veteran. "Cash" thank you for your comments, not often I agree with you.


Sat, Feb 12, 2011 : 12:42 a.m.

Dye served his country in God knows what type of dangerous duty, later finds himself homeless after discharge and now has legal action against him brought by the County of Washtenaw. Your tax dollars at work.

Atticus F.

Fri, Feb 11, 2011 : 2:56 p.m.

By the tone of some of your previous comments, I figured you would be in supprt of locking up ALL homeless and throwing away the key.


Fri, Feb 11, 2011 : 6:35 a.m.

You know, if there is a system set up where pilots can bunk (however illegally for the moment) at ridiculously low rates in ridiculously expensive cities, why can't our communities come up with a plan to figure something out for the homeless population? Are people afraid that 'regular people' are going to take advantage and live in the homeless shelters at bargain rental rates? I think not. Camp Take Notice existed and was called that for a reason - these people need help, on many levels. If there is a disproportionate number of veterans then our government should take notice and step in. These men and women served their country, probably the most life-engulfing career decision any individual makes, are not making it outside the military, and deserve support.


Fri, Feb 11, 2011 : 3:58 a.m.

Excellent point, YouWhine. Camp Take Notice's legal position (via tha ACLU) when they were kicked off the freeway last year was that it was unconstitutional to kick homeless people off of public land. It seems that Camp Take Notice has deemed that they, however, possess the authority (and that it is moral and reasonable) to do so when it suits them. Double irony that they call the police to assist them in doing the same thing they claimed was unconstitutional when it was done to them.


Fri, Feb 11, 2011 : 2:56 a.m.

So, if there is no money to be gotten, the lawyers are not taking the case on a contingency fee basis, and the County is getting fleeced for the legal fees that are being incurred. Sure you can sue anyone, but before you can go down that road you need to look at your rate of return., what lawyer is giving this advice?


Sat, Feb 12, 2011 : 3:23 a.m.

My feelings exactly. Who authorized this lawsuit? Curtis Hedges? Verna? Conan Smith? The entire County Commission? Someone has some explaining to do!


Fri, Feb 11, 2011 : 12:36 a.m.

There's not much proven fact yet to comment on. And I'm not "taking sides". But if this man is a veteran this article coincides with a report issued today by VA and HUD. In part it reads: A new report released today confirms what many Americans have long known: veterans make up a disproportionate amount of the nation's homeless population. The federal government's first-ever comprehensive Veteran Homelessness study shows that veterans are 50 percent more likely to become homeless than other Americans. Additionally, minority veterans have an even greater chance of ending up on the streets or in homeless shelters. A total of 75,609 veterans were found to be homeless on the January 2009 night that the count was conducted. More than half (57 percent) of them were staying in homeless shelters or transitional living facilities, while the remaining 43 percent were sleeping on the street. Over the course of the year, from October 2008 to September 2009, 136,334 veterans stayed at a homeless shelter or transitional facility at least one night. That figure means that a staggering one of every 168 American veterans experienced homelessness during that 12-month period. Sad.


Sat, Feb 12, 2011 : 12:37 a.m.

This man was a homeless veteran and yet the county is investigating a libel action against him? What does the county hope to get out of this? You cannot get get blood from a stone. The county's actions have now splashed the allegedly defamatory allegations all over the media and have brought Dye more attention likely than he had in his entire life. Most defamation attorneys will advise a prospective client that legal action is often counterproductive in that it brings greater attention to the defamatory material. If the deputies wanted to sue on their own - fine. But I have problems when the county takes sides and lets the taxpayers foot a legal bill for an action that will be uncollectible.

Bertha Venation

Fri, Feb 11, 2011 : 7:36 p.m.

Thanks, Cash, but I was not on the front lines like a lot of folks. Yes, it is a health care issue. I remember when the mental health institutions closed in the 1980's and people (vets and non-vets alike) were just turned out into the street to fend for themselves. It is not right.


Fri, Feb 11, 2011 : 3:40 p.m.

Thank you for your service to us all, Bertha. This isn't just a financial issue, it's a health care issue. This country owes our veterans more than lip service.

Bertha Venation

Fri, Feb 11, 2011 : 1:55 p.m.

Cash, yes, I heard this on WEMU this a.m. It's frightening, being a vet myself. I'm very grateful to have employment and a roof over my head. God bless the other vets.


Fri, Feb 11, 2011 : 12:07 a.m.

what? My comment was removed? Why? My thought was that the effort and money could perhaps be better spent toward getting the man some mental health services and shelter

John B.

Thu, Feb 10, 2011 : 11:55 p.m.

Um, they're not pursuing this to 'get money....'


Thu, Feb 10, 2011 : 11:05 p.m.

If the guy was recently living in a homeless community, the officers cannot expect to get money from him. Why not go through the much simpler process of getting a restraining order or an injunction?


Fri, Feb 11, 2011 : 9:32 p.m.

Because it is next to impossible to get an injunction against someone in a public corruption/misconduct defamation case according to longstanding U.S. Supreme Court precedent. See Near versus Minnesota case