OM in Court
Couldn't get a disguise together that was good enough to dare to venture into court myself, but SIW made his way over there for today's arguments. His report can be found here.
posted by orthomom at 3:38 PM
Thursday, April 19, 2007
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13 Comments:
a lot of nothing
It seems like the judge is losing patience with Greenbaum and her dream team.
very interesting. it sounds like the judge was pressing Feder on the subject of "malice". She both pressed him on whether he needed to show it (as Pam is an elected official, he does) and whether the comment actually does show malice (as legal definition of malice means "knowledge of falsity", there is certainly no proof of that in any of OM's postings). It seems from Feder's response ("malice can be shown from the words themselves.") that he might not really understand what malice means in a defamation case. Because there is certainly no outright malice in the words of OM's that he claims are defamatory.
It's hard to see the judge going through on their motion with evidence such as this. This would have such an obvious chilling effect on political criticism that this seems very clear cut to me.
Of course, some judges make decisions that seem to evade all good-sense predictions. So who knows?
No judge in the world is going to be THE one that strangled freedom of speech to that extent. The Judge has already notified us by her questions to Feder that she's going to find for Google/OM because Greenbaum/Feder haven't any proof of Malice
VERY VERY interesting.
This should be a lesson to all the MOSHE RABINOWITZ'S, PAMS, FEDER and OTHERS who want to go after people for their own opinions and bloggers who speak their mind.
What lesson? The judge, who was predicted to throw out the case months ago, heard oral argument, required OM's identity to be supplied to the court, and reserved decision. A far cry from a dismissal. I think the lesson should be observed by anyone thinking that internet "anonymity" is a free pass to spread lashon hora or any type of hate speech.
The bottom line is that ORTHOMOM isn't the one who did it!!!
The judge, who was predicted to throw out the case months ago, heard oral argument, required OM's identity to be supplied to the court, and reserved decision.
For those who are obviously not great legal minds, let me explain this.
"That the judge was predicated to throw the case out": The judge can only do what she's asked to do. It's possible that had OM's lawyer shown up at the initial hearing, it would have been thrown out of case. But there was no one there to argue for that because Google is not prepared to do that. A judge will not throw out a claim when the plaintiff and defendant come into the initial hearing with a prepared stip. It just doesnt ever happen.
"required OM's identity to be supplied to the court,"
The "court" is not the entire court. It just means the judge. And it makes perfect sense that in order to allow a "jane doe" to intervene, she needs proof that the attorney has actually been hired by the jane doe. it has been doen in many other john/jane doe cases.
"and reserved decision." Of course she did. She's making case law here. This will be groundbreaking first amendment law! Why in the world would she not want to reserve decision until she has a scholarly opinion written.
I think the lesson should be observed by anyone thinking that internet "anonymity" is a free pass to spread lashon hora or any type of hate speech.
Hate speech? Show me hate speech on the part of OM. Do you know what hate speech even is?
A great legal mind once said, in connection with a similar issue, "I know it when I see it."
Orthomom,
I HOPE THEY LOCK YOU IN THE SLAMMER AND THROW AWAY THE KEY. AND GIVE YOU A NICE BIG FINE TOO! YOU DESERVE IT.
It ain't over till the fat lady sings. this is an opportunity for the judge to make the first page of the New York Law Journal and advance to the Appellate Division.
Just like the abusive speech of Imus and the rappers, anonymous blog speech may well be coming to an end.
Oh no! Who dug Nat - oops - I mean Moshe up from the grave???
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