In a recent article by Jonathan Turley, he discusses the controversial sentencing of Daniel Goodwyn, a defendant in the January 6th riots. Despite pleading guilty to a minor offense, Judge Reggie B. Walton imposed a 60-day jail sentence and imposed restrictions on Goodwyn’s online reading and speech. Critics have questioned Walton’s handling of the case, particularly his monitoring of Goodwyn’s computer to detect “disinformation” and “misinformation.”
Walton’s actions have raised concerns about free speech rights, with Turley pointing out the implications for cases like Goodwyn’s. Appellate judges rebuked Walton for his surveillance order, stating that it violated Goodwyn’s First Amendment rights. Despite this, Walton doubled down on the monitoring, claiming it did not infringe on free speech.
Turley, along with many others, acknowledges the seriousness of the January 6th riots and the need for punishment. However, the issue lies in the extent of punishment imposed. The Justice Department’s use of artificial intelligence to monitor individuals like Goodwyn has raised further concerns about free speech rights.
Overall, Turley raises important questions about the balance between punishment and free speech rights in cases like Goodwyn’s. The actions of Judge Walton and the Justice Department highlight the broader implications for free speech in the current legal landscape. The concern was expressed by Walton about Goodwyn spreading “false narratives” just before an upcoming election. Walton included the DOJ record in the new sentencing conditions. However, the defense counsel sought an emergency stay from the D.C. Circuit, which was denied by Judges Florence Pan and Bradley Garcia. Judge Gregory Katsas dissented, highlighting Goodwyn’s minimal involvement in the Capitol incident and questioning the imposition of computer monitoring conditions.
Judge Katsas pointed out that Goodwyn’s actions did not warrant such strict conditions and that his First Amendment rights were being violated. The order from Walton reflects a worrying trend of curtailing free speech rights, similar to the crackdown on “toxic ideologies” in the UK. The full D.C. Circuit order can be viewed here: United States v. Goodwyn.