(File Photo by Kevin Mathewson, Kenosah County Eye)
Kenosha County Eye Editor Kevin Mathewson was held in contempt of court today – at least for a few minutes. Outgoing Kenosha County Circuit Court Judge Frank Gagliardi did what no Kenosha County Judge has ever done – he ordered KCE to take down an article we published. It wasn’t done directly, however. In a secretly held, closed hearing, (which in itself is illegal – a member of the press and a another individual were denied entry to the courtroom Gagliardi first held Mathewson in contempt of court for what Gagliardi said was a violation of a court order. (There was no violation.) This was for a case that Mathewson isn’t even a party to. Gagliardi, without the authority under Wisconsin Statute, or the United States Constitution, seemingly extorted Mathewson into agreeing to remove the article until the conclusion of the case in late August. Gagliardi knew that any contempt finding would be ignoramus, and vacated it. KCE cannot tell its readers which case it is, due to a gag order, but you will see a recent article has recently vanished from our site.
Gagliardi seemed to suggest the if Mathewson didn’t agree to remove the article temporarily, he would fine Mathewson thousands of dollars. Mathewson reluctantly agreed, even knowing the judge had no idea what his authority is in this matter.
KCE published the article citing a police report publicly obtained via the Wisconsin Public Records Statute §§ 19.31, like we have done hundreds of times. A lawyer in this case accused Mathewson of obtaining the report in a deceptive manner.
In an email dated June 21, 2024, a Kenosha Police spokesman wrote to Mathewson, “We treat all requests, except for requests from law firms, law enforcement agencies, etc., as citizen requests. Your request was treated as a citizen request under WI Stats. 19.31, as are all of your requests.”
Mathewson shared this email with the attorney in this case who seeemingly concealed it from the judge. KCE published an op ed on our site on March 30, 2024 suggesting that voters choose Gagliardi’s challenger, who easily defeated him.
“I can’t believe that Judge Gagliardi would hold a grudge to the point where he would violate my first amendment rights to free speech and free press with the threat of being held in contempt and being fined thousands of dollars,” said Mathewson. “I realize that this unconstitutional order will expire in August and the article will be reposted, but I would never imagine that a judge would order a media outlet to take down a factual story based on the word of an attorney who was engaging in ‘sharp practice.’ ”
(File Photo by Kevin Mathewson, Kenosha County Eye)
Ironically, today in a separate matter, a different Kenosha County Circuit Court Judge ruled that Kenosha County Eye is indeed a bona fide media outlet when our status as such was questioned. Judge David Wilk ruled that Kenosha County Eye is entitled to reporter privilege, meaning that generally, KCE doesn’t have to give up confidential sources of news. That means tipsters who call, text, email or talk to us can feel good about being kept anonymous.
“The first amendment took a huge blow today in court. Thankfully, however, the Tony Evers’ appointee, Judge Gagliardi, will no longer be a judge in about a month. For those who thought the first amendment was untouchable might just be wrong, at least in Frank’s courtroom,” said Mathewson. “When this case is settled, KCE will disclose all of the illegal, unethical and unconstitutional actions taken by Gagliardi. Until then, we hope Frank will allow us to continue to diseminate the news to Kenosha. But its a scary day when an appointed judge uses a grudge to eviscerate the constitution.”
63 Responses
Hang in kevin. Frankie is just pouting.
Imagine. Kevin and KCE are an ENEMY OF THE STATE!
The State NEEDS an enema
It has to be the Drunken rapist teacher story.
I don’t have a photographic memory, but I am pretty sure that is the one.
Which one, KUSD is full of them
Yes! Mark Wisniewski Tremper English teacher. Obviously Mark’s lawyer didn’t like that story coming out b/c it’s bad for his character, but Kevin only posted FACTS from the police report. It’s ridiculous that this lady finally has the courage to hold this man accountable, it’s published in the news and then forced to be taken down? Why? So that when this drunk loser gets out of jail he can do it to another unsuspecting victim?
Let’s also talk about the way Mark responded to this lady… I’m sorry I didn’t know I had such an impact on you. How the f*** is she supposed to feel after you sexually assaulted her?!
For those that didn’t get to read the article this is a very brief summary: Mark is an alcoholic who is currently serving a sentence in KCJ for his 3rd OWI. When Mark is drunk it’s evident that he becomes delusional in thinking he can do what he wants with women. He became friends with a woman he frequented the bar with and she would often get Mark home and sleep over (on the couch). He would try to make advances at her but be turned down every time. One night he convinced her to sleep in his bed with him b/c it would be so much more comfortable and she has reported her sexually assaulted her. She did not report this to police right away but has since received professional help and has a “list” of which he is on. When she reached out to Mark he played dumb like he didn’t know what happened (maybe he was black out drunk; however, still not acceptable). Told her things like I’m sorry I didn’t know I made this big of an impact on you, I didn’t know I made you feel that way blah blah blah.
I don’t know why the English teacher is complaining,. From what I heard, he’s not in jail. He’s on EM.
Definitely enwright it’s gone now with all the Snapchat pictures
This is so wrong for a judge to order any news outlet to take down an article. This is not Russia or China or North Korea but sure acting like it
“Oh, Danny, this isn’t Russia. Is this Russia? This isn’t Russia, is it?” — Ty Webb
When will Heather Iverson be taking over?
Maybe the drunk teacher is his buddy.
File an appeal of his order! If you can get a higher court to rule in your favor you can use it to prevent other judges from trying the same shit in the future.
It appears that there was a stipulation for the order so it may not be appealable.
The legal concept, from what I can glean, is called “prior restraint.” It is a serious constitutional issue.
Art. I, Sec. 3 of the Wisconsin Constitution reads: “Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press.”
This is actually broader than the First Amendment which only refers to governmental action to restrain freedom of expression. But the Wisconsin Constitution is explicit that the right to speak, write and public is maintained but, unlike the First Amendment, says the person speaking, writing or publishing is “responsible for the abuse of that right.” In essence, you cannot be restrained in advance from speaking, writing or publishing something but can later be punished for the abuse of that right. The Wisconsin Constitution frowns on prior restraint.
None of us here knows all of the facts behind this or what prompted the judge to take what appears to be extraordinary actions. But we know they are extraordinary and to assess the judge’s conduct we need to see the entire picture.
Perhaps this is the case:
06-27-2024 Motion hearing =
Additional text:
1:03 PM Attorney Christopher R. Vandeventer in court for Mark Wisniewski along with his law clerk Victoria Dietel-Bargender. Attorney Trace P Hummel in court for Kenosha Unified School District.
Minutes: Arguments made and parties have reached a stipulated agreement and Mr. Mathewson will remove the article that was published on 6/20/24 until the matter can be heard on August 28, 2024. Atty Vandeventer to prepare the stipulation and order and all 3 parties will sign the order. All other orders remain in full force and effect per the Judge.
06-20-2024 Objection to motion
Additional text:
Intervenor’s Objection to Proposed Order – submitted by Kevin Mathewson (pro-se)
06-20-2024 Notice of hearing
Additional text:
Motion hearing on June 27, 2024 at 01:00 pm.
06-20-2024 Order
Additional text:
Order from May 31, 2024 Hearing
06-20-2024 Brief in support of motion
Additional text:
Brief in Support of Motion for Temporary Injunction
06-20-2024 Affidavit in support of motion
Additional text:
Affidavit of Christopher R. Vandeventer in Support of Motion for Temporary Injunction
06-20-2024 Notice of motion, motion
Additional text:
Notice of Motion and Motion for Temporary Injunction – filed by Christopher R. Vandeventer
06-20-2024 Letters/correspondence
Additional text:
Letter to Judge from Kevin Mathewson (pro-se)
06-20-2024 Proposed Order Gagliardi, Frank
How is kce a party to this. ?
How can any if these peeps dictate to kce?
Didn’t Mr. Harris try this as well?
Well, the Supreme Court just threw out a lower court ruling that placed major restrictions on the ability of government officials to communicate with social media companies about their content moderation policies (they can go back to telling Facebook, etc to take down posts they don’t like or agree with).
This isn’t any different. This is huge and the Country cannot sustain much longer.
Last week KCE published a story about a Kenosha govt Facebook page deleting comments they didn’t like. In response, a person said “It’s Facebook—who cares?”
THIS is exactly why everyone should care: first the govt deletes your Facebook comment, then they don’t allow you to speak at public meetings, then they
demand you delete a factual news story. Freedom of speech is eroded in small steps.
This Judge has done this many times, I’m sure if you would look deep into case logs you would find a lot of constructional rights violated over his judicial term.
Keep up the good work Kevin, you are making a difference.
“Constructional rights?”
That sour little weasel is just mad he lost. And like a puppet that he is someone is pulling his strings one last time before he’s gone. Remember when they say judges are not affiliated with any political colors?
Kevin… how much his family donated to the democrats in Wisconsin for the past 10-15 years?
And yeah… appointed by tony…. Almost forgot that
Well I like Kenosha Eye! In fact it is better than the Kenosha News that you have to pay for, when this site is absolutely free and is very much more informative! Please keep this site available! Thank you!
Be sure to suggest it to your friends, support it with ads and donate to it…
Donate. It has a link at the bottom of the page.
Gag order , The new go to tool for suppressing freedom of speech by the socialist .
Biden’s America
You’re an idiot. Trump is the rapist, not Biden, you troglodyte.
You’re right….Biden is a pedophile who raped his daughter in the shower. Not to mention the hundreds of compilation videos of Biden molesting kids on stage.
Hey Buddy, I know that you are tormented by your obsessive desire to lay with a man. I hope you work through it and finally submit. You know you want to.
https://youtu.be/9wOUMEVd2XY?si=2Xpw5cv-klV1CXiQ
Nobody wants to watch you personal gay porn videos, faggot. Go obsess over some other straight White alpha male.
ALPHA? HA
you’re more like a chihuahua
No, you are special. You are resisting your deep desire to lay with a man. I am sad that you are/so tormented. Remember, you are not alone. Many men have submitted to who they really are. You will to. You know you want to.
https://youtu.be/CS9OO0S5w2k?si=mRjM9YEmCYdaB8D5
YOU BETTER STOP SAYING IM A FAGGAT! OR ELSE!
Troll on, troll. No one cares or is even triggered. Yawn.
Fucking libtarded dumocratic bullshit pouting is all this is! He must be Ted Kmiec’s buddy! 🤪
Well, Kevin, enjoy that lawsuit money!
I hope you CAN sue him!
Do a Google Search for “mark wisniewski kenosha” and you will find what is missing here.
When doing that search, it also returned two results to KCE articles. Which means that they weren’t taken down. Was there a third KCE article about Mark Wisniewski? Otherwise, I think the assumption that this article is referring to him is incorrect.
More deets about Mark here……
https://inmate.kenoshajs.org/NewWorld.InmateInquiry/kenosha/Inmate/Detail/-202087
It’s good to see KCE getting under these fucktards’ skin
So will we be seeing anymore of Former Judge Frank Gagliardi out and about Kenosha in the near future?
A cush job in the Evers Administration or at KUSD perhaps?
Joe Biden debate stand-in?
He’ll be shining Peter Barca’s shoes.
So glad I voted for Iverson .
When KCE intervened in the lawsuit did it not become a party? Having said this, if the material was independently obtained from another source and that was done by actions totally divorced from the court case, then how can publication be barred?
This town is a such a joke
The country is worse off….
There is NO political solution.
It is so nice to see you back. Maybe you should just relax and submit to your deep desire to lay with a man. You need to come out of the closet. Come out. You know you want to.
https://youtu.be/ypZaXLDpZ44?si=tUIXXCF7eKeLDmdT
Haven’t gone anywhere faggot. Let’s get a beer.
We could have a beer. It would loosen you up and allow you to set yourself free from your torment You know you want to lay with a man. Let yourself go.
Sounds like u wanna butt rape SWM—— I have a feeling he would remove your sick pervert head with a machete first
🤣🤣🤣🤣🤣👌👌👌👌
I would like to see that ultra featherweight fight
I doubt that very much, faggot.
what did you say? get the dick outta your mouth
You know , Trump is gonna win ….. and guess what…. You won’t notice any difference in this country except for less bullshit ….. you will be free to tho, to keep crying & stewing in your own gay bullshit
When Trump wins , please don’t cry ….. only losers cry….. it will open doors for prosperity for you
You’re trolling doesn’t work lol
Did someone inform Gagliardi that the Italians don’t run Kenosha anymore js
What crap reporting when the article writer quotes themself. Omg. This publication is worse than Fox News. KCE calls itself news? More like hot air and bs
The article says who wrote it at the top left of it. In this case “KCE Staff”. Not all articles on KCE are written by Kevin.
Great job KEVIN keep up the good work .
Kenosha NEEDs you !!!
You are making a difference
I support you !!!
Gagliardi is not a good person.