01:00 AM EDT on Saturday, October 2, 2004

Although Rhode Island state Sen. Stephen Alves (D.-West Warwick) has agreed to pay $33,000 of the legal fees of a citizen who dared to exercise his First Amendment rights in criticizing the senator, it hardly seems that justice has been served.

Senator Alves effectively silenced Alan Palazzo, a middle-school social-studies teacher, by dragging him through the courts for years on utterly specious libel charges. One could even argue that the senator won: The $33,000 falls far short of the $94,000 Mr. Palazzo said that he and his brother spent in court fighting Senator Alves and defending their basic rights.

On Friday -- three days after the court-imposed deadline -- the senator finally paid Mr. Palazzo the money. Over the objections of Mr. Palazzo's lawyer, a judge let Senator Alves substitute a letter of credit from Centerville Bank, in West Warwick, for the required bond. Senator Alves's Web site says he is a member of the bank's board of incorporators! Earlier this week, the bank had declined to turn over the money because of how the order was written.

Neither voters nor their representatives should stand for Senator Alves's tactics. And we hope that Mr. Palazzo proceeds with plans to fight to recoup the rest of the money he spent on legal bills -- plus damages.

One of the most precious rights Americans have -- a bulwark of all our liberties -- is the First Amendment guarantee that we may speak out about our government without fear of punishment.

That right guarantees that citizens may at least argue for reform.

Thus, when a powerful politician attacks free speech, citizens should be alarmed, and should pressure their representatives to fight back.

At the very least, this case raises a question as to whether someone so callous toward a basic American liberty, and so willing to use unfair means to harm a constituent, should remain in one of the state's most powerful posts, as Senate Finance Committee chairman.

Senator Alves's lawyer, John Lynch, called the outcome of the case "an education" for his client.

"It's an education for everybody in public life, that they have to take the bumps and bruises," he told The Journal's Zachary R. Mider ("Alves will pay legal fees to SLAPP suit," Sept. 28). "They're not normal citizens anymore. They can be criticized. . . . They have to learn that."

What nonsense. Even Senator Alves must have heard at some point that Americans have a right to freedom of speech. If he had not heard of that before he was elected, he would have learned that from his lawyers.

Obviously, he needs a different kind of education -- one that teaches him the public will not stand for such behavior.