4
Apr

Lawsuit Threatens to Chill Blog Voices

   Posted by: goinglikesixty   in Blogging, Research, Technology

While I’m here screwing around cracking wise and just having a good old time, there is some serious blogging going on which is being threatened.
Bug Girl writes a very entertaining blog - yes, about bugs. I ran across one of her posts by “stumbling” or following a tag or some other random way.
She’s been in my RSS reader since a long time ago. I don’t understand a lot of what she writes, but there is always some fun stuff in her posts.
But she may quit!
She may quit because she might get sued.

Neurodiversity is a science blog run by one woman with a passion for neurology and science. And now she’s been served with an order to turn over all her financial records, all correspondence with fellow bloggers, and a host of additional personal details, just because she blogged about a topic related to the case.

And she links to this site that explains more about the legal thuggery.

If you “stumble” or “digg” posts, please visit the link above and give it your push. This legal thuggery needs to see the light of day and feel the heat of public outrage.

This entry was posted on Friday, April 4th, 2008 at 10:38 am and is filed under Blogging, Research, Technology. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

18 comments so far

 1 

I agree the grounds for the subpoena are not legally sound and it should be quashed. Did you know Internet law is a whole emerging area of the law and they give seminars in it? Privacy issues, discoverability of e-mail communications, all kinds of stuff. Very cutting edge.

For a second I thought Bug Girl was the blogger who EATS bugs, but that is a different girl I knew from years ago.

Gretchen’s last blog post..Into Another Dimension.

April 4th, 2008 at 12:03 pm
 2 

@Gretchen: There is always somebody that will do a seminar on any topic with a buzz word attached.
“The Effect of American Idol on Pre-teen Girls and Their Obesity” would be a good one.

April 4th, 2008 at 12:13 pm
 3 

I’m totally confused. Can you help spell it out to me?

The Absurdist’s last blog post..The “Edward” Story

April 4th, 2008 at 4:17 pm
 4 

What?!?! They can’t do that, sure. Links being followed… cheers! this is one interesting story.

April 4th, 2008 at 5:39 pm
 5 

@The Absurdist: if you are serious, yes.
@K8: Thanks, it’s pretty weird - even for the U.S.

Going Like Sixty’s last blog post..Blockbuster: This Is Unacceptable Performance

April 4th, 2008 at 5:41 pm
 6 

Live feed to Sixty?!? Ok it is now officially past my bedtime.

April 4th, 2008 at 5:48 pm
 7 

K8? Did you see my Wouldye poetry at Grandads?

April 4th, 2008 at 5:52 pm
 8 

Yes, I was being serious.

Absurdist’s last blog post..The “Edward” Story

April 4th, 2008 at 5:53 pm
 9 

@The Absurdist: because this person had a blog which linked to other blogs that had offered opinions on the veracity of the lawsuit (they were critical of the suit) she was being asked to produce HUGE amounts of material that related to her blog.

Just one example:
#9…
The subpoena commands production of “all documents pertaining to the setup, financing, running, research, maintaining the website http://www.neurodiversity.com” - including but not limited to material mentioning the plaintiffs - and the names of all persons “helping, paying or facilitating in any fashion” my endeavors. The subpoena demands bank statements, cancelled checks, donation records, tax returns, Freedom of Information Act requests, LexisNexis® and PACER usage records. The subpoena demands copies of all of my communications concerning any issue which is included on my website, including communications with representatives of the federal government, the pharmaceutical industry, advocacy groups, non-governmental organizations, political action groups, profit or non-profit entities, journals, editorial boards, scientific boards, academic boards, medical licensing boards, any “religious groups (Muslim or otherwise), or individuals with religious affiliations,” and any other “concerned individuals.”

Imagine… because you linked to somebody that took a position on a lawsuite you could be compelled by the court to produce the above information!

April 4th, 2008 at 5:58 pm
 10 

Yes I giggled all over his comments :D

April 4th, 2008 at 5:59 pm
 11 

Thanks: nitey-night!

April 4th, 2008 at 6:01 pm
 12 

I grew up with a Dad who was a district judge and transitioned back into a trial lawyer. This is the type of situation where you actually start having a little fun. It’s a game, and trust me, with this type of request of discovery, you can have all kinds of fun!

Absurdist’s last blog post..The “Edward” Story

April 4th, 2008 at 6:10 pm
 13 

@The Absurdist: on this we disagree.

April 4th, 2008 at 6:11 pm
 14 

Unfortunately, once subpoenaed, you have no choice. So fuck with them is all you have left.

Absurdist’s last blog post..The “Edward” Story

April 4th, 2008 at 6:15 pm
 15 

But once subpoenaed it costs $$$, even to get it quashed.
eg: let’s say you said you were “scammed.” And, oh, say, “Edward” decided to get a lawyer to say you libeled him.
And your dad wasn’t a lawyer.
So you get a subpoena asking for shitloads of material.

You might be inclined to be discouraged about sharing such information in the future?

April 4th, 2008 at 6:25 pm
 16 

I would take each situation independently. Once discovery is demanded, I would have no choice. That’s the price I pay for being in this country. It’s unfortunate, and it’s wrong, but that’s the law.

Absurdist’s last blog post..The “Edward” Story

April 4th, 2008 at 6:37 pm
 17 

@Setting aside the First Amendment just to “game” the system?

April 4th, 2008 at 7:14 pm
 18 

Looks to me that all this dunce is after is a domain-name! How pathetically sad is that? Dude needs to go and buy an imagination.

April 5th, 2008 at 5:38 am

One Trackback/Ping

  1. Unemployed Trial Lawyer’s Kids and Irish Taxi Drivers, Am I Whingeing Too Much? | Baby Boomer Going Like Sixty    Apr 04 2008 / 7pm:

    [...] try to explain how blogs are little First Amendment publishing systems to the unemployed daughter of a trial lawyer. So while I will be occupied this weekend, I suspect, [...]

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