Zoo protester wins due process claim

The Massachusetts Appeals Court vacated a harassment prevention order against a self-represented zoo protester, finding the lower court violated her due process rights by denying her motion to vacate. Of four alleged harassment incidents, only one arguably qualified; the rest were protected speech, not fighting words or true threats.

The appeals court found the trial judge improperly accepted the zoo veterinarian's affidavit at face value and put the burden on the protester to disprove the allegations — not her burden to carry. She was also repeatedly cut off and wrongly told she could not raise objections during the proceeding.

The full dispatch is available from the source below.