Paul M. Mahoney v. Court of Appeal of California, Fourth Appellate District, Division Three
FirstAmendment
Whether the California Court of Appeal's contempt citation for statements made in a petition for rehearing violates the First Amendment and equal protection rights of the petitioner
QUESTIONS PRESENTED This petition seeks review of the California Court of Appeal citing Petitioner for Civil Contempt for allegedly making contemptuous statements in a petition for rehearing. The questions presented: 1. Whether or not the California Court of Appeal citing petitioner for contempt for the statements he made violates this court’s holdings in In re McConnell, Craig v. Harney and Brown v. United States? 2. Whether or not under the First Amendment of the United States Constitution, petitioner’s statements in a petition for rehearing filed in a state court action in the California Court of Appeal are protected speech and thus not subject to the contempt citation issued by the California Court of Appeal? 3. Whether or not the statements made by the petitioner if stated by anyone not a lawyer would be permissible thus denying petitioner equal protection of the law by holding him in contempt? 4. Whether or not it denies petitioner equal protection of the law from the Court of Appeal to publish an opinion in connection with their holding petitioner in contempt citation but refusing to publish the case out of which petitioner’s statements arose? ii