Well he's not in too big of trouble, yet. And that's because the Court has bent over backwards to silence the voice of the Plaintiff, even though Judge Diane Moriarty had previously ruled that Derrick Gillenwater was denied effective assistance of counsel by Big Dig lawyer ($28M and $16M settlement Jeffrey Denner).
Along the way, Denner even got my blog about this shut down temporarily until Blogger corrected the situation. The Court had ordered the Plaintiff to shut down his blog (incredible in and of itself, and totally Unconstitutional) then Denner tried to use that court order to shut down mine.
Read the Citizen Media Law account here, (they work out of the Berkman Institute at Harvard Law School) involving gag orders and a whole hornet's nest of ill-founded judicial orders:
http://www.citmedialaw.org/threats/denner-v-boston-bob
Judge Moriarty's Decision:
The transcript of a nasty court hearing in which the Plaintiff was thoroughly ignored even though one of the Judges slamming the Plaintiff co-authored a book on Right-to-Know in Massachusetts.
http://dennerlaw.blogspot.com/2008/12/merry-christmas-for-cause-of-...
In pdf form:
http://www.keepandshare.com/doc/view.php?id=983657&da=y
Here is the money quote showing a violation of time, place and manner restrictions:
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P.18
Mr. Gillenwater: "And to keep saying I can't speak about it publicly is clearly taking away my First Amendment right."
The Court: "It wasn't that you couldn't speak about things publicly. It was the way that you were going about it that was the issue the last time we were here."
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Huh? That's some SERIOUS double talk. The Court means to say, "You were mighty effective for a nigra' boy. We never expected you to be able to speak publicly so well, and we hate it."
You want more, I've got the Judge in a total lie that should result in Mr. Gillenwater filing a United States Judiciary complaint for lack of candor from the bench, in light of everything else: