Columnist Threatens to Sue Blogger
floppy ears writes "Pseudonymous blogger Atrios has been threatened with a subpoena and lawsuit for defamation. Apparently Atrios used a headline 'Diary of a Stalker' in reference to Donald Luskin. In response to the posting, several anonymous commentators made some allegedly libelous statements about Luskin, and now Luskin has hired an attorney and started making threats and demands. The funniest thing is that Luskin has previously referred to himself as a stalker in his own headline: 'We Stalked. He Balked.'."
Whereas perhaps 20 people would have read that blog before, now thousands will.
The point of this--which seems to escape most commenters--is that this is being used as a tactic to "out" Atrios.
He is an anonymous blogger on political issues--an especially sticky area considering our First Amendment.
Here is the expected sequence of events:
1. Luskin subpoenas blogspot.com, get's Atrios' real name.
2. Atrios served with complaint.
3. Atrios $$$$$$$$$hires lawyer$$$$$$$$$$$$
4. Lawyer writes response
5. Lawsuit dismissed because Luskin himself referred to himself as a "stalker" and the supposed slanderous comment is a mere repetition of that phrase with no added detail. There are First Amendment reasons the lawsuit should be dismissed but it's not necessary to detail them all.
Meanwhile, Atrios is no longer anonymous.
Given that the purpose of this lawsuit is not to win, but to uncover a person's identity and chill their right to free speech, Luskin and his lawyer should be subject to sanctions.