What is there to prove, to use your word, that *you* won't become dangerous in the future? If speculation and possibility are valid grounds for putting someone in a straightjacket...
I would hope that speculation and possibility are valid grounds for considering whether I might become dangerous in the future. I collect Japanese and Filipino knives and swords, and my gun collection is extensive enough that should I start claiming that anyone is sending me signals through the television, I hope someone logically admits this behavior is "out of the ordinary" and starts questioning any legal actions I might take.
We don't know this ladies background, and it's likely that the judge didn't bother checking it out either. Is it good policy to simply believe that someone isn't a danger to themselves or others simply because they haven't been "checked out" by a competant authority?
On a personal level, I don't disagree with you. The problem is that the law that is applied to this woman also applies to you and me. If we can say "This woman is loony," and have her locked up, what is to stop the same thing from happening to us? If you want to put her in the loony bin (or whatever), you must first prove, probably via the opinion of competent authority, that she does, in fact, belong there. Hence my question: Has this woman been shown by competent authority to be delusional or otherwise incompetent? Or has she merely displayed odd behavior? Has she made any threats, or has she just been a (rather severe) pest?
I never said the woman should be locked up, but I fully believe that anyone taking legal action against a TV personality under these circumstances should be "investigated" a little more fully.
Certainly there are mentally-ill people who are no threat to anyone, but in an instance like this - I would like to believe the judge competant enough to delve into this ladies' life a little more to determine the depth of her delusions.
If not, and if she has displayed no behavior which might warrant summary action, then she is for the moment presumed competent and has full access to the legal system. As I understand it, anyone can obtain a protection order against anyone else, for any reason or for no specific reason. What, precisely, has she done that would warrant restricting her access to the courts?
Here is Wiki's take on celebrity stalking
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Stalked public figures
Some stalkers have been following celebrities around since the advent of yellow journalism. In some cases, the stalking behaviour in question is quite harmless and does not go to extremes. In other cases, however, the celebrities being targeted:
have to leave their profession for many years while they build a new life (e.g. Andrea Evans); have their homes constantly searched by political authorities when away, while often returning with a house surrounded by bugs and recording devices. They are also forced to live side-by-side with informants. (e.g Vaclav Havel) Are forced to leave the country to avoid being arrested or persecuted. (e.g Alexander Solzhenitsyn). become the victim of violent attacks (Theresa Saldana and Pope John Paul II survived to tell the tale, while others, like John Lennon and Rebecca Schaeffer, did not); or have resulted in dangerous incidents, killing or injuring the victim (e.g. Princess Diana- disputed-- and Viktor Yushchenko-- poisoned but survived).
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Here is another geocities site that mentions a few ill-fated stalkees:
http://www.geocities.com/SunsetStrip/Stage/2943/stalkers.html
This site outlines the great number of celebrity stalkers that are so apparently prevalent and also details many of the celebrities who have lost their lives to stalkers.
Call me stupid, but I ALWAYS believe it's better to err on the side of caution, and this woman's behavior SHOULD HAVE triggered a more important question in the mind of the judge. Besides, no one is thinking of the innocent victim in this case, David Letterman. Isn't it a bit of a stigma to have a restraining order placed upon one's person, especially when the order is an unwarranted legal document? I fully agree that Letterman's response should be to sue the judge.
Think about it this way - a person you don't even know files a restraining order against you, then ends up dead under mysterious circumstances; when the police find the restraining order, what would be THEIR next logical step?