Smiles And Sunshine

The Rhode Island ACLU Has Taken My Case Against Failure Swift And Issued A Press Release, Now You’s Can’t Leave


I mentioned this on the podcast, but I haven’t written about it yet because I didn’t want to do anything until they issued a press release, but this happened with the Failure Swift lawsuit.

In a case raising important First Amendment issues for the Internet age, the ACLU of Rhode Island has taken on the defense of a Massachusetts blogger who was ordered by a Rhode Island Superior Court judge to “immediately remove” from his website “any and all posts, blogs, and comments” regarding a person who sued him for libelwithout even hearing from the internet publisher.  Considering the court order a classic example of censorship, ACLU of Rhode Island cooperating attorney Lynette Labinger has removed the case to federal court for adjudication.

Aidan Kearney, whose business is based in Worcester, Massachusetts, runs a website and blog on In February, he re-posted a video and numerous Facebook comments originally posted to the web by Hopkinton resident Kathryn Narcisi. He did so after Narcisi’s Facebook postings requested media coverage of an incident at Kent County Hospital, where she claimed the hospital refused to treat her for autoimmune disease. 

Kearney’s reposts were accompanied by skeptical and mocking headlines, commentary and captions, including “American Idol Outtakes” Narcisi had posted of her singing. Kearney posted a  blog titled, “Failure Swift Gets Kicked Out of Warwick’s Kent Hospital for Faking Sickness, Posts Facebook Video Whining in Lobby, Tries to Get National News Attention Despite Long History of GoFundMes,” which generated a number of posted comments, also often mocking Narcisi.

Last month, Narcisi filed a libel lawsuit claiming the blog post “defamed and discredited” her, and that it led to her receiving unwanted messages “from followers of the defendant’s website.” At a court hearing held before Kearney was ever notified, RI Superior Court Judge Susan McGuirl issued a temporary restraining order requiring the removal of any and all references to Narcisi from Kearney’s website and all other “associated” sites.

After learning about the order and that it was scheduled for another hearing to consider whether it should be extended indefinitely, Kearney contacted the ACLU, which agreed to provide legal assistance to address these significant First Amendment issues.  ACLU of RI cooperating attorney Lynette Labinger removed the case to federal court on Tuesday, and will be filing a formal motion to dismiss the lawsuit next week.

Kearney describes his website as dealing with “investigative journalism, news, and exposing inappropriate public behavior in the most entertaining way possible.” In a blog he posted after the suit was filed, Kearney wrote: “What planet am I on right now? The State of Rhode Island is allowing this woman to go forward with a lawsuit against me for damages  due to ‘injury to her feelings,’ because people not associated with Turtleboy contacted her without us asking them to do so. Madness.”

Kearney said today: “A judge has no right to tell an independent media outlet to remove factually based content and commentary from a website, particularly since this website is my livelihood. As a former history teacher, I understand why the Founding Fathers insisted that free speech be protected in the Bill of Rights, particularly speech that some may find offensive. Protecting agreeable speech is easy, but our freedoms are put to the test when some find it to be controversial.”

ACLU of RI cooperating attorney Labinger stated: “The internet can be full of intemperate and uncomfortable discussions.  When they are about you, the natural reaction is to want to make them go away.  But we must never lose sight of the important First Amendment rights of free speech and free press that will be lost if we or our courts give in to those reactions.  To quote a 50-year old U.S. Supreme Court decision: ‘It is firmly settled that under our Constitution the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.’”

ACLU executive director Steven Brown added: “The court’s order requiring the removal of items from a website is a classic prior restraint that the First Amendment simply does not countenance. In order to avoid a chilling effect on Internet speech, we are hopeful that this suit will be dismissed promptly.”

I just want to say thank you to the Rhode Island ACLU for taking a stand for free speech and free press. What Judge McGuirl did by ordering me to take down content on Turtleboy, before I’d even had a chance to defend myself in court, should scare everyone. It’s a blatant First Amendment violation, and was based off the plea from Failure Swift that she had her feelings hurt.

I understand not everyone likes the ACLU, and I’ve had issues with things they’ve done on a national level before. But they believe in free speech, which is really the most important thing to me as the owner of a blog that offers “controversial” opinions on matters of public concern. And they stepped up to the plate when I contacted them about this miscarriage of justice in Rhode Island. Lynette and Steve have been fantastic professionals to work with, and they really believe in this case. I can’t thank them enough for that.

Before I heard from them I was contemplating taking the blogs on Failure Swift down if it would make this go away. I’d called around to some Rhode Island attorneys and they all charged $500 an hour. No way she’s worth that much money to fight, and I certainly couldn’t afford it while being sued by three other parties including a millionaire in New Bedford. I was prepared to self-censor, something this blog exists to do the opposite of, in order to avoid bankrupting the company. Not anymore.

When I spoke with Metro Narcisi on the phone a couple weeks ago he told me he’d consider dropping it if I took the blogs down and issued a public apology to her. Over my dead body would I ever consider doing that. She’s a manipulative psychopath who slandered hospital workers and emotionally abused her husband on video, which she then uploaded to Facebook.

But I told him I would take the blogs down. He chose to ignore me. Well guess what Metro? The offer is officially off the table. Now you’s can’t leave. You should’ve been a man and told your wife that she’s not going to continue to waste YOUR MONEY on a lawsuit that I TOLD YOU had no chance of success. Try growing a set of balls and stop letting this manipulative serial bride control what you do.


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44 Comment(s)
  • Stunt Penis
    June 22, 2019 at 4:54 am

    A broken clock is still correct twice a day.

    If the ACLU fought for all civil rights — such as our second amendment rights — with the same fervor, then I would have a modicum of respect for them.

    They do not, so I do not, even though they are doing the right thing IMO in this case.

  • Milodog
    June 21, 2019 at 12:32 pm

    Subpoena the shit outta this skanky twat..medical records, divorce records..EVERYTHING..then expose her for the fraud she is. Then take her house and savings. DESTROY HER! MAKE HER PAY!

  • randiguy2006
    June 21, 2019 at 10:32 am

    HAHAHAHAHA…..TB in bed with the ACLU.

    Oh the irony.

  • Nadia Yenraek
    Nadia Yenraek
    June 21, 2019 at 10:27 am

    You’re having a hell of a week.

    ACLU stepped up in Rhode Island.
    Judge in Hamden ruled in your favor ending Rian Water’s case.
    You found a competent lawyer to represent you in Bristol (The memorandum was well written)
    Reasonable well written Motion to Dismiss Genereux’ complaint.

  • ACLU is bad
    June 21, 2019 at 10:21 am

    The most shocking part of this entire story? There is millionaire in New Bedford?

    • Eddie Nardisci
      June 22, 2019 at 10:52 am

      Once was time when ships Captains owned large homes with widows walks and Massachusetts was home to the wealthiest ports in the world.

      Now those homes are inhabited by the Welfare Mafia and Addiction ain’t my fault lobby.

      Riches to Rags
      Beautiful women to hags
      Personal Pride to EBT and a free ride
      Families with Care to Able bodied adults in despair
      Respectfully dressed to dirty sweats at best
      Big bands in tune to a pop star with needle and spoon
      An honest days work to disabled but can twerk
      Stationary and a well written letter to Posting things one should know better
      Overcoming ones flaws to I Got XY and Z so the laws don’t apply to me
      A High School Education to a 12 year vacation
      Learned work skills to I’ll just take more pills

  • ACLU is bad
    June 21, 2019 at 10:20 am

    The ACLU is a terrorist organization that hates everything America stands for and will do anything to promote that. I am worried that if you take your help they will own you forever and Everytime you say something they don’t agree with you will be forced to remove it. There is no other reason why they will help you. Their race Baiting pathetic agenda has been one of the biggest enemies to this great country.

  • z
    June 21, 2019 at 9:28 am

    Thank god it’s not the ACLU that went apeshit over the prison guards tattoo.
    Remember they called him a Nazi? Because he had an 88 as the tattoo.

    Thank god it’s not the ACLU that went to bat for the black chick at Smith College.

    The RI ACLU is one of the good ones I guess.
    Not like those nasty Worcester ones.

  • Brock Turner
    June 21, 2019 at 9:23 am

    Metro must think about greasing himself 24/7

  • Nadia Yenraek
    Nadia Yenraek
    June 21, 2019 at 9:02 am

    Well played, sir.

  • So sad
    June 21, 2019 at 8:34 am

    Having been through a bad divorce I understand the mentality behind this behavior. Poor guy knows that everything is already lost so he doesn’t even care about how what’s left of his money is spent. It’s already gone. Rather than throw some ballast over he’s determined to go down with the ship because that still keeps him married just a little bit longer.

  • A ratchet move too far... now pay the piper
    June 21, 2019 at 7:51 am

    • Y
      June 21, 2019 at 10:54 am

      Excellent work.

  • Ray Patriarca
    Ray Patriarca
    June 21, 2019 at 5:58 am

    Be careful !
    Personally, I wouldn’t trust those Communist cocksucker’s in the ACLU any farther than I could throw them.
    Truly a subversive organization masquerading as a legitimate group. The old adage ” if you lie with dogs, you’ll get fleas” holds true here.
    Be warned.

    • Sir Wilfred Death
      June 21, 2019 at 9:19 am

      Mr. Patriarca is right. But in this case I think that Uncle is making the right move for these reasons:

      1. The ACLU are tremendous bullies. They have unlimited resources and virtually never lose.
      2. While most of their work is pushing race hustling left wing causes, The ACLU very occasionally takes on First Amendment cases, mostly for nostalgia reasons. Might as well take advantage of the resource
      3. No cost to Uncle who is fighting a multi-front war
      4. A message will be sent to would be litigants that poking The Turtle has financial consequences

      I’d feel weird about taking Metro’s last dollar, but he’s the one who brought a knife to a gun fight. Uncle tried to help him and got a face full of phlegm in return.

      Social Media is Cancer

  • Just a girl
    June 21, 2019 at 5:53 am

    As much as you can’t trust a liberal org like ACLU these are the cases they need to take. Kat And Metro btw you are screwed because the aclu never loses especially Steve brown as attorney. For once actually happy to see the aclu involved

  • Gimme your Loudiest & roudiest yall
    June 21, 2019 at 4:13 am

    Cue the STANDING MOTHER FUCKING OVATION!!!!!!! I jumped onto my fiance like Seabiscuit while actively reading this blog like I was reading a winning Powerball ticket!! Good karma will always prevail. Only Turtleboy can judge yall YEEHAWWWW

  • Bitch, you gots to go.
    June 21, 2019 at 1:02 am

    Oh Em Gee.
    If someone stole that amount of money from me, they’d get a little more spent on them to arrange a swallowing of Narragansett Bay in one big gulp.
    There are other strong reasons to cut off her oxygen supply but taking that much cash from someone that trusted her is probably the most justifiable.
    Fuck it, go the cheap but effective route and give her a fenty sendoff. Then she’s nothing but a statistic with a toe tag.

  • murdochpatsymcreynolds
    June 21, 2019 at 12:31 am

    What the ACLU should be looking into is why poor Kathryn was denied medical care. Was she refused treatment because she is the wrong gender? Was she denied aid just for being a woman? smh

    • Michelle Olson
      June 21, 2019 at 7:25 am

      I’m pretty sure she went against medical advice hence the reason she was sent out to the waiting area and no one would communicate with her… that’s honestly how it works.
      If she thinks she’s had it bad with all of her ‘ diseases and issues’ over the years, I would love for her to witness what my wife has been through the past 10 all the way down to just the past 48 hours!!!
      This bitch is full of fake illnesses and has fooled one too many.

      • Unreal
        June 21, 2019 at 10:24 am

        Metros first suffered like an animal W/ metastatic. Breast cancer . To take adavantage of him … adopting the 2 daughters… 1 having autism . It’s just horrible, drove him crazy to fight for her. The coalition for domestic violence … should be called in .He’s a lost sole! Take the girls & run Metro. Go ACLU !

    • Captain Trips
      Captain Trips
      June 21, 2019 at 9:53 am

      I agree Liawatha.

      Why didn’t they properly medicate her? A hot dose of Fentanyl for her pain and she could have been sent on her way!

  • Captain Trips
    We have a cot for Metro in the shelter
    June 20, 2019 at 9:46 pm

    I love the Metro in bed video – he admits she’s robbing him, taking his money and putting it into an account she kept secret from him, and he read the texts from her to the lawyer saying she’s leaving him and taking the house.

    And yet he defended her to Uncle Turtleboy. After this video.

    Get with it you fucking rotund dwarf! She’s scamming you!!!

    Amazing what some guys will do for a fuck. And I bet she’s not even a good fuck. More like a ‘nag’ fuck.

    A ‘nag’ fuck is this:
    Failure Swift: “Metro – go deeper. No, no….that’s too deep. Speed up….no.. not like that…….slow down….my ex was better at this….can’t you finish soon?? I have a nail appointment…….”

    We call her Failure but she was completely successful at finding a sucker that is willing to let her steal everything he has before dumping his ass in the street.

    I hope we all keep an eye on this. I’m looking for fate to bite Metro in the ass (it will be ‘Swift’ and soon) for being such a fucking fool.

  • Judges are Shit
    June 20, 2019 at 8:52 pm

    Strange that a state judge in another state can order a website not hosted or operated in that state to do anything.

    Can I get me a Masshole judge to order the State of California to cooperate with ICE and uphold federal immigration law?

    How about a Texas judge to order Massachusetts to cooperate with ICE? How long before ICE refuses to enforce immigration law and begins cooperating with illegals and Mexican drug cartels like Bath House Barry and the felon Eric Holder aided and abetted Mexican drug cartels by trafficking weapons to the cartels?

    Strange times when judges and officials all over the country intentionaly violate the law to the detriment of this country and US citizens thinking they themselves are courageous for violating US laws and harming us the citizens.

  • Jeff J
    Oink Oink
    June 20, 2019 at 7:55 pm

    I can remember in the not so distant past where a lot of people were clamoring “save Metro”, poor Metro”, “get out before it’s too late”.
    Well I think it’s safe to say that it’s waaaaay too late for him now by the way he doubled down. I’ll give them 6-9 months and he’ll be broke and out on his ass. It’s amazing how some people can be so incredibly dumb. He’s porked.

    • Captain Trips
      Captain Trips
      June 20, 2019 at 8:17 pm

      He’ll be in Brockton in dirty boxer shorts, homeless, trying to hawk his sax (if he still has it). And he’ll deserve every minute for being such a fool.

      • C
        June 21, 2019 at 2:22 pm

        $20 says she takes the sax in the divorce, along with his sack.

        • Milodog
          June 21, 2019 at 2:31 pm

          His balls are already in her purse.

  • Lovin’ The Irony
    June 20, 2019 at 7:53 pm

    Chris Robarge must be having an aneurysm right now!

    • Hope
      June 20, 2019 at 10:31 pm

      We can only hope!

  • True Reality Speaks
    Tired of Don't Snitch Millennial Pussies
    June 20, 2019 at 6:51 pm

    I hope they don’t collaborate with any other ACLU chapters. I won’t say why – long time readers will remember.

  • Liberalism is a Disease and TB has Contracted It
    June 20, 2019 at 5:56 pm

    This week on Turtleboy:

    1. A piece saying a cop pepper sprayed a criminal too hard as TBS goes full Fuck the Police / Black Lives Matter.

    2. A #MeToo post screaming Believe Women with absolutely zero evidence.

    3. This piece, celebrating, praising, and thanking the ACLU, one of the most far left liberal extremist organizations in the country.

    Oh, and Brett K is on food stamps / welfare. I’ll go ahead and guarantee this site endorses Elizabeth Warren for president.

    • George of the Jungle
      June 20, 2019 at 6:18 pm

      Haha. You might be on to something. Maybe we’ve been hacked

  • Sir Wilfred Death
    June 20, 2019 at 5:54 pm

    You deserve a dismissal and huge damages based on the “A Bronx Tale” reference alone.

    I wonder if KC said that line to Metro as they left the church? Ouch. He’s boned.

    Social Media is Cancer

  • Clive McJive
    June 20, 2019 at 5:41 pm

    These judges need to be impeached. Post haste.

  • Berkshire girl
    June 20, 2019 at 5:20 pm

    Whether or not her health care needs are in fact physical or mental, one can only speculate. Regardless, one can safely assume it inflates costs to others. Now abusing the system over hurt feelz and wasting tax payers money. Good luck moving forward with the ACLU.
    That humiliating video of her and Metro along with her voluntary posts on very public social media should end any questions of merit. It should end the discussion a sane world.

    • dowen0895
      Dick Scratcher
      June 20, 2019 at 5:39 pm

      Watch the videos.

      She’s fucking mental.

      And she’ll steal his house before she’s finished.

      Poor cunt.

      • Captain Trips
        Captain Trips
        June 20, 2019 at 7:29 pm

        He’ll deserve it too for being such a fool for a fuck

        • Berkshire girl
          June 21, 2019 at 2:27 pm

          Safe to assume it’s not even a fulfilling one.

  • Be Careful
    June 20, 2019 at 4:10 pm

    I would trust the ACLU as far as you could throw them.

  • Turtz McGurtz
    June 20, 2019 at 4:01 pm

    Not a good look for Judge McGuirl!

    • Richyrich
      June 20, 2019 at 6:44 pm

      Yup yup. When you’re called out be the ACLU in these parts, you’re toast. She had it coming.

    • Captain Trips
      Captain Trips
      June 20, 2019 at 7:28 pm

      The judge should be investigated. She was obviously NOT impartial in this case. She should be removed from the bench. She’s partial to the left.

    • dowen0895
      Dick Scratcher
      June 21, 2019 at 3:21 am

      Any chance they could have a look at “Let ‘Em Walk” Walker as well before that mad cow releases more murderers onto the streets?

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