*FYI* As requested. If reading this does not send chills up you spine then
it obvious you may not have one!  IMHO,  ttul, the OLd Drone
 
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Posted below is the result of a long battle (over two years) with one
of our club members (Collin County Hobby Beekeepers Assoc. - Dallas,
Texas area) and the state of Texas, Department of Agriculture.
 
Unfortunately, the TDA backed down BEFORE the state statue was
proven in court to be unconstitutional.  This is a tactic the Texas
Department of Agriculture took in order to perserve a BAD LAW
and thus keep it "on the books".  (IMHO, most likely to have at their
disposal to cause future hassles for people).
 
THANKS to those good lawyers who helped protect our (the people's)
right of free speach in America.  It's a good thing to know that our
Bill of Rights are still safe and well in this day.
 
BusyKnight
Dallas, TX
 
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                Texas Department of Agriculture Dismisses
                    Free Speech Case Against Beekeeper
 
After a two and a half year legal battle, the Texas Department of
Agriculture has dropped charges that beekeeper John Caldeira broke the
law simply by talking about pesticides on the Internet.
 
In 1995, the Texas Department of Agriculture (TDA) sent beekeeper John
Caldeira a letter in the mail claiming that he broke the law when he
discussed the merits of Mavrik, a pesticide, in controlling varroa
mites in beehives on Prodigy's bee hobbyist bulletin board.  Under
Texas law, a pesticide distributor can lose his license for
"recommending" a pesticide inconsistent with its labeling or approved
EPA use.  But Caldeira wasn't a distributor of pesticides or even a
commercial beekeeper. He was just a hobbyist repeating what he'd
learned from USDA researchers at beekeeping conventions.
 
The TDA went after him anyway, claiming that his Prodigy posts "gave
the impression" that he was a knowledgeable commercial beekeeper whose
"advice and suggestions would have a significant impact in encouraging
illegal use of Mavrik."  They inspected Caldeira's hives and found no
violations of the law.  Still, they pursued Caldeira, seeking to fine
him $600.  Caldeira countered that his comments were factually
accurate, harmed no one and were protected by the First Amendment.
 
 
After bringing his case to the readers of Fight-Censorship, an
electronic mailing list, attorney Jennifer Granick put Caldeira in
contact with Texas attorney McGready Richeson.  Richeson, representing
Caldeira pro bono, moved to challenge the TDA's actions on First
Amendment grounds, filed for a stay of the proceedings and prepared to
file a declaratory action to determine the constitutionality of the
statute.
 
In response, TDA drafted a statement for Caldeira to post "one time
per month for three months" to Prodigy, parroting the TDA's position
on pesticide use, in exchange for dropping the fine.  Richeson
rejected them offer, stating that no offer which forced Caldeira
either to remain silent or to speak would be acceptable.
 
Meanwhile, the TDA's case was in trouble.  On January 12, 1998,
Administrative Law Judge Barbara C. Marquardt granted Richeson's
Motion to Continue, stating that "the nature of this action is
problematic.  While it is filed against a Texas resident, it concerns
information he place on the Internet, and no harm was done to Texas
residents... Thus, the ALJ would prefer that a district court address
the constitutional issues." That same day, the TDA dropped their case
against Caldeira.
 
The TDA decision to dismiss the case prior to the constitutionality of
the law being tested keeps the overly broad and vague law intact,
perhaps to be used again.   Meanwhile, the case demonstrates that free
speech on the Internet is NOT just about pornography.
 
See also: Previous article by Declan McCullagh for Time-Warner's The
Netly News: ttp://cgi.pathfinder.com/netly/opinion/0,1042,1509,00.html
 
Monday, January 19, 1998
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