Frivolous Lawsuit To Shut Down Site Critical of Police?
J.J. Jackson | August 1, 2008
There are certain requirements for one to take legal actions. One of those requirements is that one has been caused harm – but the truth has always been a defense against causing harm to those that are acting improperly. For example, if you neighbor is a pedophile, you are allowed to call him a pedophile without worry of being sued for telling the truth.
Which brings me to this:
Memphis Police Director Larry Godwin and the city of Memphis have filed a lawsuit to learn who operates a blog harshly critical of Godwin and his department.
The lawsuit asks AOL to produce all information related to the identity of an e-mail address linked to MPD Enforcer 2.0, a blog popular with police officers that has been extremely critical of police leadership at 201 Poplar.
“In what could be a landmark case of privacy and the 1st Amendment,” the anonymous bloggers write on the site, “Godwin has illegally used his position and the City of Memphis as a ram to ruin the Constitution of the United States.
“Some members of the Enforcer 2.0 have contacted their attorneys and we are in the process of filing a lawsuit against Larry and the City of Memphis. What’s wrong Larry? The truth hurt?”
I’m not defending the site – haven’t read it. But something is odd here. Shouldn’t the lawsuit be filed to combat libels and not just to learn who operates a site? This sounds fishy. If you have a beef with the operator of a website because they have said things that are untrue and which they know to be untrue that is one thing. But to file a lawsuit just to obtain information about who is running a site? Sounds a little off base to me.
You can file a complaint against the website and then the owner/operator would be forced to come forward.
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