Slashdot Mirror
Student Blogger Loses Defamation Case
An anonymous reader writes to tell us about Yaman Salahi, a UC Berkeley student and blogger, who lost a lawsuit brought against him by Lee Kaplan, a journalist for FrontPageMag.com. Kaplan had sued Salahi in California small claims court for tortious business interference and libel, in response to a blog Salahi had set up about him called "Lee Kaplan Watch." Salahi lost in small claims court and then lost an "appeal" — which is essentially a retrial by another small-claims judge. No written opinion was offered with either decision, though all other court filings are available. From Salahi's update on his blog: "...because [Kaplan] sued me in small claims court, I did not have the protections of the anti-SLAPP [Strategic Lawsuits Against Public Policy] statute... I will never know why I lost the initial hearing, or why I lost the appeal, because small claims judges are not obligated to release written opinions with their rulings.... I will never have the opportunity to take this to a real appellate court where my first amendment rights might be protected."
Kaplan is a conservative journalist, who writes for Frontpage Magazine (a conservative magazine) and also Israeli News.
Salani is a radical Muslim student from radical Berkeley. Who from the looks of the suit defamed the man. Likely as part of the "legal jihad" that the radical Muslim students engage in on Universities and Colleges.
UCI has lots of harassment, over-anti Semitic speech, and speeches by people such as Daniel Pipes shut down by Muslim students threatening violence or shouting down the speakers. Well known anti-Semitic hotspots in the Academy such as Columbia (where over anti-Semitism is not just tolerated but encouraged, witness the NY Sun articles about Jewish students complaining about it), the UK (where universities are boycotting Israeli Universities, Professors, and any and all research from those universities), and of course Berkeley provide an environment where Muslim and Leftist anti-Semitism are as natural as breathing and slander, libel, and defamation of Jews and Conservatives are a matter of course.
I have no doubt that Salani in such an environment would feel entitled to commit any of these: slander, libel, defamation of character. Because if the target is a Jew or Conservative (or both) the Academy encourages it. It is however actionable and I'm glad Mr. Kaplan brought suit.
If anyone doubts what I say, merely check out any Muslim Student Association speaker on a campus near you. See for yourself. Or check out any conservative or Jewish event on campus and witness the disruption, intimidation, and threats of violence. Columbia University students rushing the stage and assaulting the Minutemen Speakers who were there to discuss their organization as part of the Campus Republican's events come to mind. But you can easily check the accuracy of the above statements by visiting a campus and seeing for yourself.
Just because someone's poor doesn't mean he gets to commit crimes.
You can't personally attack people in print without a solid basis of fact. That seems to be a *good* law. I applaud mr. Kaplan for excercising his rights, and I feel no sympathy for someone who was obviously just making a large ad-hominem attack.
What was the content they argued about anyway ?
- A student vs. a pro?
- A blogger vs. another blogger?
- Pro Israel vs. Pro Palestinians? (*)
I thought Groklaw was for David vs. Goliath legal affairs.(*) I reserve my personal interpretation to myself (Am I pro something? Being pro something is not compatible with being pro something-else?).
As a blogger, I'm a little concerned that something we do would be subject to legal action. Bring back the freedom of speech please.
Visit Money Ning Blog for great personal finance articles!
To me, this is a very important case. It shows how corrupted small claims courts can be. Most small claims judges think your are in their house and you basically have to kiss their @ss.
A while ago, I had a ticket I was trying to fight, however, the judge was a prick and nothing I said mattered. The judge almost held me in contempt of court because I wouldn't "shut up". What the hell is that? Why should citizens have to put up with this crap? Small claims should be our first line of defense. However, small claims is a nightmare that one should avoid at all costs. A small claims judge can rule however the hell he/she wants based on... well whatever.
This blogger did nothing wrong according to OUR CONSTITUTION. However, he now has to pay more than $7,500 USD because why?
If you don't think it is a big deal case and we all should just "let it be", why don't you pay this bloggers $7,500+ fine? I didn't think so.
General, you are listening to a machine! Do the world a favor and don't act like one.
Look here, LIAR, you need to look honestly at Israel's history. It is surrounded by countries that want to destroy it, and have tried to do so many times. The gains in territory Israel has made were for strategic military advantage, and much of them have been given back.
Contribute to civilization: ari.aynrand.org/donate
You completely ignore the possibility that Kaplan didn't want to have to involve lawyers and the expense thereof when he felt that the judgements that small claims court can award would be sufficient to satisfy him.
No I didn't, I said it was foolish of him and backfired. He's got the money and should have used it to get the result he really wanted. If it was such a plain case, it would have been settled quickly by any competent opposing attorney and would not have cost substantially more. What he really wanted was to shut up the blogger, what he got was $7,500. What the blogger got was more publicity than a full page advert in the New York Times could buy.
My conclusion that there's no merit to his case comes from reading the blogs themselves. Nothing I saw constituted libel. There were things that might not be true, and there were things that were malicious, but I did not see anything that was both. Both of these nutballs believe the things they are saying. Kapplan, however, has been caught in several intentional lies and that's what this is all about. Kapplan is embarrassed and wants a shut down.
Friends don't help friends install M$ junk.
Why post as an AC fag? No, if a cop pulls me over, my first qestion is WHY. If there is a legitimate reason, I comply. Simple. However, I have not been pulled over for about 15 years or so now. If a cop wants me to "comply" with his/her directions, they better have a reason to pull me over and better be following the laws that do not strip away my rights. I am a card carrying member of the ACLU and proud of that. I have rights that many, many others have died for. I am not going to let some cop with a "god complex" strip away my rights.
General, you are listening to a machine! Do the world a favor and don't act like one.