Lawsuit Threatens to Chill Blog Voices — 19 Comments

  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.

  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.

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

  4. @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:
    The subpoena commands production of “all documents pertaining to the setup, financing, running, research, maintaining the website” – 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!

  5. 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

  6. 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?

  7. 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

  8. 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.