"There
has been no citation of any authority that any person
has ever been denied character and fitness clearance in
the State of Michigan or any other state for exercising
First Amendment rights…."State
Bar of Michigan Regulation Counsel Thomas Byerley to
Sixth Circuit Judges Gibbons, Gilman, and D.J. Jordan
This statement was made just 48 hours before Dean
v. Byerley was argued before Sixth Circuit Judges
Moore, Daughtry and Sutton, a case in which Thomas
Byerley argued on summary judgment that "The Bar
has had several applicants who have exercised free
speech in a fashion that contributed to a recommendation
of denial of admission." Click
here to see the document. (see p. 8)
Should the head of the Michigan Character and Fitness
Department argue that there is no evidence that anyone
has been denied admission to the Bar for exercising
First Amendment rights, while simultaneously
representing that "The Bar has had several
applicants who have exercised free speech in a fashion
that contributed to a recommendation of denial of
admission"?
It Wasn't Easy, But
StateBarWatch Has Obtained The Tape!
Click
here to listen to Byerley's Own Words (1.15MB)
Click
here to read the Michigan Bar Journal Article, which
addressed these concerns...
The Effect Of the
State Bar's Representations:
Click
here to see how the above representations put federal
judge David McKeague into a highly embarrassing position
that is now the subject of an appeal to the Sixth
Circuit Court of Appeals.
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