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Thursday, April 12, 2007

PSA Regarding Legal Action Against Orthomom Commenters

I noted a few comments in the post directly below this one that Adam Feder has identified as potentially defamatory in his letter to the judge presiding over the case, however, he included one more example in his filing that, for some reason, was not included in the letter:
Anonymous 8:39
"Pam Greenbaum is a bigot and really should not be on the board.
Good thing her term is up this year."
As I mentioned below, I and my counsel intent to protect the free speech of my comments as vociferously as we intend to protect my own. However, if you think you might be the author of the comment referenced above - or any of the others referenced by Feder - feel free to e-mail me (under a pseudonym) or contact my attorney Paul Levy of Public Citizen.

More on Feder's filing when I am not so backlogged with work.

29 Comments:

Anonymous Veganovich said...

--- if you think you might be the author of the comment referenced above - or any of the others referenced by Feder - feel free to e-mail me. ---

If you are a commenter whose post might be the subject of litigation, you should contact Paul Levy, but not Orthomom. (or if you do, do not disclose your identity to Orthomom.) This is because a communication you have with an attorney is covered by attorney-client privilege. A communication with Orthomom is not. Right now, Google does not have your identity, it merely has an IP address, which might not give away your identity. If you disclose your identity to Orthomom, then Greenbaum might later be able to obtain a court order requiring that Orthomom provide your identity.

1:13 PM  
Blogger orthomom said...

Great point. Feel free to contact me under a pseudonym, or contact Paul Levy.

1:17 PM  
Blogger orthomom said...

I changed the post to reflect your advice, Veganovich. Thanks.

1:19 PM  
Blogger YMedad said...

I'm glad there are so many law-themed TV programs. What would we do without their legal advice? No, but really, good thinking.

2:42 PM  
Blogger Still Wonderin' said...

Frankly, I'm amazed her lawyer missed this doozy of a slander:

"... This joke of suit is right in line with Pamela Greenbaum's long time anti-Semitic, anti-Smurf, anti-Environmentalist, anti-Federalist, anti-Gay, anti-Bellum, anti-Bacterial, anti-Global warming, anti-Dolphin-free tuna fish, and bigoted agenda."

I guess you really do get what you pay for.

7:50 PM  
Anonymous Anonymous said...

If anyone is inclined to challenge OM to act in conformity with her self-imposed guidelines to react positively to requests for comment deletion:

In my view, it’s too late.

As a direct result of this plaintiff’s frivolous lawsuit, the entire principle of blog-decency to which OM has so carefully adhered is no longer applicable to PG. PG -- not OM -- has invited members of the blog community to publicly defame, disparage and mock PG and her attorney. If anything, the entire class of persons included within the legal community have been defamed by virtue of each such person’s professional association with the attorney who filed this lawsuit in the first instance.

Defamation by profession association is as well-grounded in the legal principles of defamation as defamation of the nature described in the letter and complaint.

PG has wasted the time of the Court, the time of OM and, most unfortunately, the valuable time of PG herself that could have been spent furthering the goals we all want for all of our children -- the students of our thriving School District, public and private.

Kudos to OM for removing the “ugly” comment within hours of the post (months before the frivolous lawsuit was filed) and, once again, PG’s attorney has demonstrated his ability to serve as an embarrassment to the legal profession and our extended community by including this anonymous comment among the alleged “defamatory” remarks, but failing to mention that this comment was DELETED by the blog owner within hours of its publication (although, in fairness, that fact is as irrelevant as the “allegations” – if one can even call them allegations at all).

Once again, for those legally-challenged. No presence or existence of defamatory speech. Not in the past and not in the present. End of story.

And even if -- in some bizzaro world -- the anonymous comments would be deemed defamatory by a severely inebriated presiding Judge, one absolutely cannot impute defamatory speech uttered, or words written, by a commentator to a blog owner. End of story.

And even if the legal genius himself somehow overcomes the foregoing two insurmountable obstacles with smoke, mirrors and a load of hogwash (i.e., the presiding Judge in this bizzaro world is severely inebriated, senile and possesses a degree from the Adam F. School of Law), because PG is a public figure, Times v. Sullivan unconditionally backstops somehow otherwise insurmountable obstacles.

One final point: Someone (perhaps OM herself) cited a statement attributed to PG quoted by the Nassau Herald some time ago along the lines of “...we need to get THEM off the Board...”

If MSNBC suspended Don Imus for his “you people” comment (and I don’t necessarily disagree with that decision), this community as a whole -- public school parents and private school parents alike -- should petition (not sure who – help me out, Adam) to have PG removed for such alleged statement.

I know, Imus has since been terminated by CBS for his Rutgers comments but, at the time, the MSNBC suspension was triggered by this particular utterance. And I know that the suspension was triggered by an aggregation of the “nappy-headed ho” comment coupled with the “you people” comment, but PG’s initial “them” comment, coupled with her hateful, frivolous lawsuit, is certainly sufficient grounds for such petition.

And finally, yes, I understand that MSNBC, CBS, etc., are driven by their sponsors’ every desire and, consequently, did not pass judgment on the racist nature of Mr. Imus’ words by virtue of its act of termination (i.e., to the networks, it’s simply dollars and cents; otherwise, they would have terminated Imus long ago for a laundry list of other similar commentary); and similarly, we should respectfully petition for PG’s removal on the grounds that someone who is capable of making such comment (to a newspaper reporter, no less!), and someone who is capable of the level of hate and manipulation of our legal system demonstrated by her conduct during the course of this entire ordeal, is clearly unfit for public office, irrespective of whether or not such actions are defamatory, bigoted or illegal.

If only the District revenue was derived from the corporate sponsors of CBS, PG’s dead-weight would have been lifted from her Board seat by now.

Save face, PG – for all of us. Bow out of the lawsuit and pray for mercy from OM and the court on imposing sanctions on your attorney and fees on you. And then bow out (again) of the race for re-election and put up a public school representative with clean-hands to defeat the beatable candidate “they” put forth for this election.

3:11 AM  
Anonymous Anonymous said...

look what happens when people are awake and blogging at 3 a.m. whoever posted the above nonsense should really get some sleep, then wake up and read some law. You've embarrassed yourself.

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Anonymous Anonymous said...

I'm awake after some sleep, 10:33am. Please educate me.

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