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Dead Constitution
See other Dead Constitution Articles

Title: Right-Winger Sues Blogger And Wins
Source: http://www.seeingtheforest.com
URL Source: http://www.seeingtheforest.com/archives/2007/06/rightwinger_sue.htm
Published: Jun 16, 2007
Author: Posted by Dave Johnson
Post Date: 2007-06-17 18:54:24 by robin
Keywords: None
Views: 107
Comments: 5

Right-Winger Sues Blogger And Wins

Lee Kaplan writes at David Horowitz's far-right, anti-Muslim http://FrontPageMag.com. A college student set up the blog Lee Kaplan Watch to expose what the guy is writing. He was sued by Kaplan in small claims court for "business interference," and Kaplan won $7500. because it was small claims court the judge was not required to explain his decision.

The blogger writes,

I hope that sufficient attention is paid to the great danger that what has happened to me poses to all of us. It is by all means a serious issue. My first amendment rights have been subverted with support from the courts, which only shows that everybody is in danger of facing these abusive small claims court defamation suits. My speech has been punished by a ruling with no opinion explaining why or advising me what not to do in the future. My credibility has been tarnished by a trial with incredibly low standards for admissible evidence and a messy, inconsistent court procedure. And, for me, worst of all: I will never know what element of Kaplan's claim, if any, the judge agreed with, though Kaplan will certainly continue to claim that all of them were accepted, though he knows well that this is not the case.

This is a freedom of speech and right-to-blog issue. We must do something to reverse this because it will become a convenient way for right-wingers to harass all of us.

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#1. To: robin (#0)

Post the bond and appeal.

Join the Ron Paul Revolution

Lod  posted on  2007-06-17   19:03:30 ET  Reply   Trace   Private Reply  


#2. To: robin, freepatriot32 (#0)

ping


It's not Global Warming, it's Ice Age Abatement.

farmfriend  posted on  2007-06-17   19:08:40 ET  Reply   Trace   Private Reply  


#3. To: robin, *libertarians* (#0)

ping

freepatriot32  posted on  2007-06-17   19:15:42 ET  Reply   Trace   Private Reply  


#4. To: robin (#0)

A civil judgment and actual payment are two different things. With proper asset protection, Kaplan would be hard pressed to collect.

Pinguinite.com

Pinguinite  posted on  2007-06-17   19:20:32 ET  Reply   Trace   Private Reply  


#5. To: robin (#0)

Appeal, appeal, appeal. A small claims judge, which is roughly the same as traffic court, is not qualified to hear a case like this. Go up the ladder immediately, and keep appealing on constitutional issues. As a website, the author is a public person and has few protections. You don't need a lawyer for the first appeal; it's pretty much automatic.

Mekons4  posted on  2007-06-17   21:31:55 ET  Reply   Trace   Private Reply  


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