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.

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.

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.