Is Big Tech’s censorship of President Donald Trump a violation of the First Amendment? That is a hotly contested question among many right now.

Twitter and Facebook have banned President Trump from their platforms.

Just today, Facebook announced the removal of content containing the phrase, “Stop the steal.”

Some people believe this is an infringement on freedom of speech.

Legal expert Dan Monnat says that’s simply not true.

“Private individuals and companies can engage in censorship. The First Amendment only prohibits censorship by the government,” says Monnat.

Monnat goes on to say not only is this kind of online restriction legal and constitutional, it’s supported by the Communications Decency Act.

“Section 230 of the Communications Decency Act, which applies to online activity, encourages and immunizes censorship as to content that is violent, obscene or harassing,” Monnat says.

While activating a profile, every user must initially agree to terms of use.

“Here, where Facebook or Twitter has simply denied further access to someone who has violated the terms of their use by contract,” Monnat said.

See full story at KAKE.com

WICHITA, Kansas – Missouri & Kansas Super Lawyers has named two Monnat & Spurrier,
Chartered, attorneys to its esteemed list for 2020. Sal Intagliata was honored by Super Lawyers for
the seventh consecutive year, and Matt Gorney earned recognition as one of Super Lawyers’ “Rising
Stars” for the third consecutive year.

Only 5 percent of eligible attorneys are selected for the overall Super Lawyers list. Only 2.5 percent of
eligible attorneys are honored among the Rising Stars list, which includes only those attorneys under
40 years of age.

Sal Intagliata is a shareholder in the firm and has practiced law for 25 years His career includes 21
years as a distinguished criminal defense attorney in private practice, as well as four years as a
Sedgwick County Assistant District Attorney, where he prosecuted cases in the Gangs/Violent Crimes
Division.

Intagliata serves on the Kansas Judicial Council Criminal Law Advisory Committee and the Kansas
Supreme Court Pretrial Justice Task Force. He is a past member of the Board of Governors of the
Kansas Association of Criminal Defense Lawyers. He is a past vice president of the Wichita Bar
Association, as well as a past member of its Board of Governors and past chair of its Criminal Practice
Division.

Intagliata earned his bachelor’s degree, with distinction, from the University of Kansas, graduating
with dual majors in political science and Spanish. He earned his Juris Doctorate from the University of
Kansas School of Law. He is also a graduate of the National Criminal Defense College.
Matt Gorney is an associate with the firm whose practice includes criminal defense, DUI defense and
appellate work.

Formerly a professional journalist, Gorney graduated from the University of Kansas School of Law in
2013 where he earned certificates in both Advocacy Skills and Media, Law and Technology. He
simultaneously earned a Master of Science Degree in Journalism from the William Allen White School
of Journalism and Mass Communications after successfully defending his thesis: Social Media and

Kansas Courtrooms: Assessing Kansas Supreme Court Rule 1001 and Exploring Possible
Improvements. He earned a bachelor’s degree from Kansas State University majoring in journalism
with a minor in Leadership Studies.

Gorney is a past Board Member of both Music Theatre of Wichita and the Delta Chi Fraternity.

Monnat & Spurrier celebrates its 35 th anniversary this year. The firm was founded in 1985 by Monnat
and legal scholar Stan Spurrier. Today the firm has six lawyers and has earned a reputation for its work
in criminal defense, white-collar criminal defense and criminal appeals.

WICHITA, Kansas – Noted criminal defense attorney Dan Monnat, of Monnat & Spurrier, Chartered, has been named to the Top 10 list of Missouri & Kansas Super Lawyers for 2020. It is Monnat’s third consecutive year to be named among the prestigious Top 10. He has been listed on the Missouri & Kansas Super Lawyers’ Top 100 list overall for 15 years.

Monnat has practiced in Wichita and across Kansas and Nebraska for 45 years, concentrating on criminal defense, white-collar criminal defense, appellate defense and bet-the-company litigation. His cases have attracted international attention, including the defense and acquittal of late-term abortion provider Dr. George Tiller and the defense of an innocent man wrongly accused of being the notorious BTK.

“Across all practice areas, there are many stellar attorneys in the Midwest,” Monnat said. “I’m truly honored to be listed among the Top 10 attorneys in Missouri and Kansas. After 45 years of practice, it continues to be my greatest privilege to protect and defend the rights of those accused.”

A graduate of California State University, Monnat earned a Juris Doctorate from Creighton University School of Law and is a graduate of Gerry Spence’s Trial Lawyer’s College.

Monnat currently sits on the Kansas Trial Lawyers Association’s Board of Editors and is the Criminal Law Chair. He is a Fellow of the American Bar Association, the Kansas Bar Association, the American College of Trial Lawyers, the International Academy of Trial Lawyers and the American Board of Criminal Lawyers. He is a Life Member and past Board Member of the National Association of Criminal Defense Lawyers, as well as a two-term past president of the Kansas Association of Criminal Defense Lawyers.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat is the author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.  

Monnat & Spurrier celebrates its 35th anniversary this year. The firm was founded in 1985 by Monnat and legal scholar Stan Spurrier. Today the firm has six lawyers and has earned a reputation for its work in all sectors of criminal defense and criminal appeals.

WICHITA – A joint survey released today by U.S. News & World Report and Best Lawyers awards Monnat & Spurrier, Chartered, five “Best Law Firms 2021” rankings for:

  • General Practice Criminal Defense
  • White-Collar Criminal Defense
  • Appellate Practice
  • DUI/DWI Defense
  • Bet-the-Company Litigation

“This year our firm celebrates 35 years of protecting the rights and liberties of those accused,” said Dan Monnat. “We are gratified by the honors bestowed on our firm and our attorneys, but we continue to believe the greatest honor of all lies in serving clients all across Kansas.”

“Best Law Firms” rankings are compiled using evaluations by clients who are asked to rank firms on criteria including responsiveness, cost-effectiveness, civility, and whether the client would refer others to the firm. Best Lawyers also conducts an independent analysis of each firm and surveys attorneys in similar practice areas.

Defense attorney Dan Monnat and legal scholar Stan Spurrier founded Monnat & Spurrier in 1985. The firm has gained an international reputation for its defense of such high-profile clients as late-term abortion provider Dr. George Tiller; the unfortunate innocent person whose home was mistakenly raided by police as being that of serial killer BTK; and most recently, the Western Kansas man wrongly accused of murdering a four-year-old child by cruelly beating or shaking her.

In addition to Monnat and Spurrier, the firm includes shareholders Trevor Riddle and Sal Intagliata, and associates Matt Gorney and Eli O’Brien.

By Eli Higgins – KAKE TV

WICHITA – Residents of Willowbend near 37th and Rock in Wichita woke up Monday morning to a big surprise.

“I noticed that the sign had changed overnight… I stopped and looked at it, and I could see that it had obscenities on it,” said a Willowbend resident.

The homeowner, who didn’t want to be identified, couldn’t believe what someone did to the sign he put in his yard in support of President Trump.

“It’s pretty graphic. Most of these are not one-liners, but one word… It’s hate. It all spells hate,” said the resident.

He found one side covered in words like “Rapist, racist, dumber than a 5th grader,” the other side had large, bold letters saying “F(expletive) Trump 2020.”

He drove around the neighborhood to find several more President Trump signs vandalized. Signs in support of former Vice President Joe Biden were left untouched.

“Political speech is at the core of the First Amendment privilege. Everyone is free to express themselves. And no one has a First Amendment right to suppress the speech of another by physical threats, destruction, damage, defacement, or violence,” said criminal defense attorney Dan Monnat.

Monnat said a crime like this could not only carry typical charges like criminal trespassing, damage to property, and disorderly conduct but could even potentially be considered a hate crime.

“Interfering with the core constitutional rights of another person is always a serious matter,” said Monnat.

As for the Willowbend resident, he said his biggest hope is that people can learn to be kind, even when they don’t agree.

“It’s fine to disagree. I mean, that’s, that’s part of what, what makes this country so great. But you have to do it in a respectful manner. And be law-abiding about it,” said the resident.


See full story at KAKE.com

WICHITA – Sedgwick County’s Local Health Officer Dr. Garold Minns signed a new emergency public health order which will take effect Tuesday, September 15, 2020, at 12:01 a.m. The order will remain in place until at least midnight, Wednesday, October 21, 2020.

“It takes some of the ambiguity out of the enforcement provisions,” said attorney Dan Monnat.

Over the weekend, several bars in the area broke curfew.

Section III of this order was revised to clarify that the order is mandatory.  Any persons or organizations within the county must comply with the order.

“Compliance is mandatory and failure to comply may now be enforced by criminal charges and such regulatory or licensing penalties,” Monnat added.

“We believe that that was a lawful order all along and they were trying to find some way to that they could stay open and I understand that completely,” added County Commissioner David Dennis.

The county said Dr. Minns will continue to review and monitor COVID-19 trends in the community and will consider lifting restrictions as trends move in a positive direction.

“We need to talk to Dr. Minns also to make sure what the intention is for closing at 11 o’clock,” Dennis said.

See full story at KSN.com

WICHITA – Whether they want to or not, under the county and city mask mandates, businesses have to require masks for employees and customers who can’t maintain social distancing, which in some cases, is easier said than done.

Bella Vita Bistro is one of many Wichita businesses requiring all employees and customers to wear masks. Owner Lory Wooley said, for the most part, her customers have been understanding.

“I’m trying to make it so that everybody feels safe and comfortable,” said Wooley.

But unfortunately, that’s not always the case.

Some business owners say customers have been so nasty they put a sign on the front door threatening to shame anyone who refuses to wear a mask publicly.

Even Wooley said some people are more cooperative than others.

“It’s outright idiotic. I mean, how hard is it to put this on for a few minutes to go into a store out of a store,” said Wooley.

So, it begs the question, what can business owners legally do with customers who refuse to wear a face-covering?

“Under the county resolution, there is no penalty provided. However, under the city ordinance, a law enforcement officer may choose to cite that lawbreaker for not obeying the mask requirement,” said criminal defense attorney Dan Monnat.

Under the city mask ordinance, those fines are $25 for the first offense, $50 for the second and $100 after that, but Monnat said it doesn’t stop there.

“When the person refuses to wear a mask, they’re refusing to obey the law. The business owner is within his or her rights to order them to leave. If they refuse to leave and thereby interfere with the business, they may have committed the crime of criminal trespass or interference with the lawful conduct of business,” said Monnat.

As for Wooley, she hopes everyone will do their part to get us to the other side of the pandemic.

“It is a very small thing to put everybody, have everybody do it, in order to make this go away so we can have a back to normal life at some time in the future,” said Wooley.

Monnat said the best thing to do if you find yourself in this situation is to let the police take care of enforcing the law, and not to remove the person yourself with force or violence.

See full story at KAKE.com

Who’s Who Legal: Business Crime Defense 2020 has named Dan Monnat, of Monnat & Spurrier, Chartered, one of the world’s leading business crime defense attorneys. Earlier this year, Monnat also was named as a leading attorney on the Who’s Who Legal: Government Investigations list. The London-based Who’s Who Legal selects its list based on attorneys who have significant experience in investigations, enforcement proceedings and related civil litigation, and regulatory compliance.

“Who’s Who represents an international list of legal experts and it’s an honor to be counted among these esteemed colleagues,” Monnat said.

Monnat has practiced in Kansas for nearly 45 years, handling criminal and white-collar criminal cases that have attracted international attention, including the defense of late-term abortion provider Dr. George Tiller.

Monnat is a Fellow of the International Academy of Trial Lawyers, the American College of Trial Lawyers, the American Board of Criminal Lawyers, the American Bar Foundation, and the Kansas Bar Foundation. He has been named one of the Top 10 Super Lawyers in Kansas and Missouri in 2018 and 2019, and has been included on the Super Lawyers Top 100 list for more than a decade.

A graduate of California State University, Monnat received his J.D. from Creighton University School of Law and is a graduate of Gerry Spence’s Trial Lawyer’s College.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat is the co-author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.  He currently sits on the Kansas Trial Lawyers Association’s Board of Editors.

Monnat served as a member of the National Association of Criminal Defense Lawyers Board of Directors from 1996 – 2004, and is a two-term past president of the Kansas Association of Criminal Defense Lawyers.

WICHITA – Danny Hohl and his daughter Isabella have lived in their west Wichita neighborhood near 13th and Maize for years. They said it’s been nothing but peaceful, but that all changed early Monday morning.

“We spent a lot of time outside and walking around and never… Been here seven years never had any issues at all,” said Danny.

“Yeah, whenever you see like neighbors outside, they’ll wave and say hi,” said Isabella. “I was very shocked. I mean, like just living here, I can’t believe it was right next door to our house. You never know, it could have been our house.”

Police said one of their neighbors shot two people, both 19 years old, around 2:00 Monday morning. He apparently heard the two talking about targeting his home. When they pulled into his driveway, he yelled at them before firing. The car sped away and crashed into a tree just down the road.

“Both of these individuals had sustained apparent gunshot wounds,” said Lt. Mike Linnehan with the Wichita Police Department.

When it comes to self-defense, attorney Dan Monnat said that while there are many variables, Kansas law is already on your side.

“A person is presumed to have justification for using deadly force whenever it’s used to prevent or terminate an aggressor’s unlawful entry into a home,” said Monnat.

But, like in this case, what if they’re on your property but not in your home?

“Now, if they’re in the driveway, is that what the law considers a dwelling? If they’re in an unattached garage, is that what the law considers a dwelling? Those are the legal questions that have to be researched and answered,” said Monnat. “Every case depends upon its specific facts.”

As for the Hohl’s, they just hope it’s not something they’ll have to worry about.

“It’s hard to believe that it was a couple people my age doing that. I mean, I feel so young like, going in breaking in somebody’s house? I would never,” said Isabella.

See full story at KAKE.com

WICHITA – Chambers USA 2020 has ranked Dan Monnat, of Monnat & Spurrier, Chartered, among the top Kansas litigators practicing in the White-Collar Crime and Government Investigations sector. Based on its annual survey of law firm clients and peer lawyers, Chambers USA notes that Monnat often works on healthcare and financial investigations, calling him “a widely venerated litigator, respected in the market for his expert representation in trial and appellate white-collar criminal proceedings.”

“I’m truly honored by this year’s Chambers USA review and their particular recognition of our work in healthcare and financial investigations,” Monnat said. “This accolade exemplifies the solid legal research and expertise we put to work for every client, in every case.”

Monnat has practiced criminal law, white-collar criminal law and appellate law in Wichita for 45 years and was named one of Super Lawyers’ Top 10 Lawyers in Missouri and Kansas for 2018 and 2019. A graduate of California State University, Monnat received his J.D. from Creighton University School of Law. He also is a graduate of Gerry Spence’s Trial Lawyer’s College.

A frequent editorial contributor on criminal defense topics, Monnat is co-author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition. He also lectures at NACDL conferences and at other legal seminars around the country.

Monnat has earned distinction as a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the American Board of Criminal Lawyers, the American Bar Foundation, and the Kansas Bar Foundation. He currently sits on the Kansas Association of Trial Lawyers’ Board of Editors.

Monnat is a member of the National Trial Lawyers Association and is a past member of the Board of Directors of the National Association of Criminal Defense Lawyers.