Blogger Wins 1.5 Year Legal Battle

FixYourThinking writes "After nearly one and a half years of harassment from a relentless attorney, it seems that quietly a blogger in South Carolina has won a monumental ruling in favor of bloggers. In a summary judgement requested by the Defendant, Philip Smith was able to obtain a special sanction after the Plaintiff attorney put a 'notice of lien' (called lis pendens) on Smith's residence. The judge also reprimanded the Plaintiff attorney for abusive deposition and court procedure. The case set forth the following; 'It's not the format; it's the content and intention that make text journalism / reporting.'"

Comments

1.5 years for a court case isn't that bad

[xxxJonBoyxxx]

1.5 years for a court case isn't that bad.

It took me 10 months to get a traffic ticket dismissed last year. Exxon's managed to dodge justice after it's Alaskan f-up for 18 years with legal maneuvers.

Press Pass != Rights

[Chibi Merrow]

A press card doesn't grant you any rights that a normal citizen does not enjoy.

You can't grant someone rights. They either have them or they don't.

Re:Press Pass != Rights

[Chibi Merrow]

Judges are usually respectful of a reporter's desire for confidentiality

Didn't a New York Times reporter just go to jail for not naming a source? I think you're mistaken. Granted, she just wanted a book out of the deal...

Press passes are issued by some organization and only give the wearer privileges with regards to that organization. If you get an event press pass, you're treated as press for that event. If the police give you a press pass, you can cross police lines. Neither an event organizer or the police are required to give a pass to anyone. If a newspaper gives you a press pass, no one is under any obligation to honor it, it only carries the weight of the reputation of the entity who printed it. Same with professional press organizations.

Regardless, you can't give yourself a press pass (or at least one anyone will respect), someone has to recognize you as Press. Which means "editorial" style bloggers will probably not earn the privilege but ones that do actual journalism have a chance. And that's what it is, a privilege, that can be taken away. A right can't be taken away (except through criminal proceedings), nor bestowed by a piece of paper.

Not Censorship.

[LWATCDR]

At least not government censorship.
This was first of all a civil case. You can sue anyone for anything.
So here is what happened.
"BidZirk struck back with a lawsuit claiming defamation, privacy invasion and trademark violations. After losing its request for a preliminary injunction, BidZirk appealed to the Fourth Circuit, which denied its request. Very messy discovery followed, with both parties getting chastised for their conduct*. Finally, in this ruling, the court granted Smith summary judgment, and threw in some sanctions against plaintiffs' counsel to boot."
Somebody didn't like a company and posted a nasty opinion of them. They got their lawyer to sue. The case went to court and was tossed out.
In other words a great example of the system working.
It sounds as if BidZirk's lawyers so messed up this case that the plaintiff might even have a shot act getting his legal fees.

Re:I just wish

[dwiget001]

Uh, nope. A right cannot be taken away. It is a right, you have it, period. Freedom of the press is just that. Doesn't matter what form that press is. And the ruling does no such thing regarding blogging not being journalism. And, a press pass is something given by and entity (event runner, sponsor, etc.) to members of the media (whatever media that happens to be). A "press pass" is not a governmental issued thing, period. It would be unconstitutional for the government to issue any such thing and only allow people with the "press pass" to engage in *press*. Read your Constitution, make sure you understand the big words, starting with "Constitution".

Here is the case file online

[steveshaw]

http://dockets.justia.com/docket/court-scdce/case_no-6:2006cv00109/case_id-138245/

It is also available on PACER, which may be more complete, but there is a per-page access fee involved.

Go to the bottom for the Order Granting Summary Judgment.

Herlong is an excellent judge, I'm had a few cases in front of him. Good for the blogger. I hate other attorneys who treat opposing parties like this. It gives us all an even worse name.

Speedy trials

[Harmonious Botch]

The right to a speedy trial is for criminal cases, not civil.

Re:Check out Daily Kos

[AK Marc]

Unrelated note: you do realize, don't you, that Fox News has successfully argued in court that it should not be held accountable for factual errors in its reports because it presents 'opinion and commentary', not 'news', programming?

Not just factual errors, but known factual errors (the rest of us call them lies). They were given a statement, they checked and found the statement to be false. They used the statement anyway because it sounded better than the truth. They knowingly spread information they believed to be false.

WWHSTD?

[rs79]

Ah Hunter.

When I worked in the computer graphics industry I used to get comped passes to all the big graphics shows - siggraph, ncga etc. One year they didn't arrive in time so I called up and asked how i get a press pass. They said "bring a letter from your editor".

Now, this was at a time when very few people had laser printers.

So I printed up a letter on "Thompson/Hunter Communications" lettterhead explaining I was a reporter for "bitter reality" magazine.

They took it, hook, line and sinker.

"Bitter reality? I've never seen that"

"It's a Canadian magazine, notice the Toronto address"

"ah yeah, right"

"So is this the weirdest magazine you have here today".

"no. cruise line cuisine is".

I wanna know which of you pricks pulled THAT stunt. I mean come on...

At any rate not only did I get in free, I got access to the press room with free food and drink bit also get $1400 worth of conference preceedings and every book they had without even asking. I had to borrow a hand cart to get them into the trusty Subaru.

Yeah. I love press passes. Hunter was onto a good thing there. And is of course where I got the idea.