Defending Bloggers from SLAPs

by Juan Cole
5/01/2006
http://www.juancole.com/2006/05/defending-bloggers-from-slaps-it-was.html
It was bound to happen. "Blogger hit with Multi-Million Dollar Lawsuit." Props to MBA for trying to help.


MBA Member Hit With Multi-Million Dollar Federal Lawsuit
April 27, 2006
http://www.mediabloggers.org/archives/2006/04/mba_member_hit.php

MBA Member Lance Dutson who blogs at Maine Web Report was recently served with a lawsuit filed in the U.S. District Court in Maine. The lawsuit alleges copyright infringement and defamation for reporting and commentary written and published by Dutson on his blog.

"This case is nothing more than an attempt by a deep-pocketed litigant to bully a blogger for criticizing state officials and state contractors"", said MBA President Robert Cox. "We have successfully defended MBA members in nine previous cases and I don¹t expect the outcome here to be be any different."

Dutson went public this morning with news of the lawsuit and provided key links here including his account of the events leading up to the lawsuit and the complaint served on Dutson by the local sheriff at his home in Maine. Dutson has vowed to fight.

"The idea that criticism of the state government can be defamatory is absurd", said Dutson, "This attempt to bludgeon critics of the state government is not going to work."

Through it's legal defense initiative, the MBA provides member bloggers with "first line" legal defense, pro bono advice on how best to respond to legal threats related to the member's blog.

"Bloggers don't usually have an in-house legal department or high priced outside First Amendment counsel, but they're at least as likely to need one as any MSM outlet. That's where we come in," said MBA General Counsel, Ronald Coleman of the Coleman Law Firm.

Dutson has secured the services of Greg Herbert of Greenberg Traurig, a specialist in media law and First Amendment/defamation litigation and private attorney Jon Stanley. The MBA, through Coleman, will act as co-counsel.

Herbert noted, "Many of these cases, where a large corporation sues an individual for criticism over the internet, appear to be motivated, primarily, by an attempt to silence legitimate criticism and suppress speech."

In addition to providing pro bono, "first line" legal advice, the MBA seeks to raise awareness of attempts by governments and corporations to intimidate bloggers and citizen journalists by encouaging members to report such actions on their own blogs and encouraging all bloggers to carry the news throughout the blogosphere.