FC: New Jersey editor's brother replies to Politech post re: lawsuit

From: Declan McCullagh (declanat_private)
Date: Fri Sep 07 2001 - 14:28:04 PDT

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    [There now are two lawsuits: One filed by censorhappy local politicians who 
    can't stand criticism against Stephen Moldow, who edits the Eye on Emerson 
    site. The second is what Stephen filed against these aggrieved politicos -- 
    and some anonymous posters -- in response. I sympathize with Stephen's 
    plight, but I think suing people who patronize your publication's 
    discussion forums is entirely bad form. Background at: 
    http://www.politechbot.com/p-02480.html --Declan]
    
    **********
    
    From: Jmoldowat_private
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    Message-ID: <16d.80613b.28ca8f02at_private>
    Date: Fri, 7 Sep 2001 16:58:42 EDT
    Subject: Reply to Politech:  NJ editor sues anonymous posters for 
    disrupting site
    To: declanat_private, Politechat_private
    CC: rickat_private, PLEVYat_private, aalayaat_private
    MIME-Version: 1.0
    Content-Type: multipart/mixed; boundary="part1_16d.80613b.28ca8f02_boundary"
    
    My posting/ reply will be extremely relevant, and for Politech not to give 
    equal weight (with it's own headline/ link) would be unfair, and since 
    we're dealing with First Amendment / Free Speech issues, here, for you not 
    to post my reply would be grossly unfair, and hypocritical.
    
    Jim Moldow
    
    **********
    
    From: Jmoldowat_private
    Date: Fri, 7 Sep 2001 16:53:42 EDT
    Subject: REPLY TO "New Jersey editor sues anonymous posters for disrupting 
    site"
    To: declanat_private, politechat_private
    CC: rickat_private, PLEVYat_private, aalayaat_private
    
    Dear Politech,
    
    I'm writing in response to Paul Levy's posting, "New Jersey editor sues
    anonymous posters for disrupting site."
    
    First, I'm glad that Mr. Levy admits that it was Government officials who
    brought suit against my brother, Stephen Moldow, webmaster of
    <http://www.geocities.com/emersoneye>www.geocities.com/emersoneye. The 
    point is that two elected officials, the
    husband of the Council President (who is the Chair of the Reform Party) and a
    council candidate filed suit in an attempt to force him to shut the community
    website down after public opinions turned against them this past January.
    They did not sue prior to that when the community supported their policies,
    nor did they complain over other postings which might have criticized their
    opponents.
    
    According to the Electronic Frontier Foundation, well over a dozen states
    have passed ANTI-SLAPP legislation to protect defendants against frivolous
    lawsuits filed by elected or governing officials.  New Jersey has not passed
    such a law, but what is curious is that we have proposed legislation (Senate
    bill S-2175), and one of the litigants is politically aligned with this
    particular Senator.  So, it's interesting to note that he wrote me about the
    bill, but indicated my brother would not be afforded protection under the
    ANTI-SLAPP law (if passed) since the suit was filed by private individuals.
    So, why does Mr. Levy bash my brother and his attorney's legal strategy when
    he's being victimized here?  Who is protecting his constitutional rights?
    
     From a quick cursory glance, Mr. Levy, who has filed an Amicus Brief with the
    the Superior Court of New Jersey, Law Division, Bergen County, Docket No.
    BER-L-6214-01 - Civil Action on behalf of the 60 anonymous "Jane and John
    Does," offers his legal opinions with regards to the merits of my brother's
    answer and counter-complaint.  His legal comments/criticism is unfair to my
    brother, who could be perceived as a "pawn" in both a local political battle,
    but in a much larger area with regard to the Internet and Free Speech issues.
    
    
    The defendant/ webmaster is embroiled in a Free Speech and First Amendment
    issue, but it's not his objective to be a martyr or "flag-bearer," nor run up
    legal fees which may approach over six figures in the long run.  For what, to
    protect the community bulletin board?  His objective was open government, so
    at he setup the site as a hobby and as a community service (providing
    minutes, local web links, budget information, real estate data, test scores,
    etc.)
    
    If the legal scholars out there don't support his position, then walk a mile
    in his shoes.  Or step up to the plate and offer your services - PRO BONO -
    as Mr. Levy has to protect the rights of John and Jane Doe.  Again, let's
    suppose the alleged slanderous emails were posted by the plaintiffs, then
    he's simply a tool for those who DON'T SUPPORT FREE SPEECH.  Public Citizen
    could have offered to represent both the webmaster and anonymous posters to
    the site, yet they only offered to protect the rights of the 60 posters.  In
    the real world, who would not consider the fact that perhaps the alleged
    slanderous, defamatory postings were not sent by the plaintiffs, who maybe
    wanted to coerce the defendant into closing his community website and
    bulletin board down?
    
    So, let's not judge Mr. Moldow so harshly without comprehending the big
    picture here.  And, would you personally mortgage your financial future, and
    your children's college funds, to fight a legal battle which has the makings
    of a national "test case?"  Mr. Levy has no understanding of the big picture
    regarding the website's history, the cast of characters, the political
    issues, the level of community support for the website (and the webmaster),
    etc. The vile postings, the implied threats received by the webmaster, the
    political pressure, etc.   Instead, he feels the need to "attack" the
    webmaster and his attorney for their legal strategy.  This is uncalled for,
    and hurtful, and is a direct attack on weakening his defense position.  So,
    let's not be so hypocritical and judgmental of their position, unless you
    want to FUND his legal defense fund.
    
    Additionally, members of the public have not been allowed to discuss issues
    opening at Emerson Borough Council meetings.  So, the very politicians who
    filed suit to "expose" the identities of the anonymous 60 posters to the Eye
    on Emerson website, hid behind their positions as elected officials, and
    silence the First Amendment rights of the public to exercise their
    unalienable rights under the U.S. Constitution.
    
    Shame on Mr. Levy, for his harsh criticism.
    
    Jim Moldow
    Hillsdale, NJ
    
    **********
    
    
    
    
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