[Rhodes22-list] Has The World Gone Mad?

[Brad Haslett]

Hank,

The real issue here is can a school board sue for libel for an opinion
stated in a public forum?  I'm not a lawyer, or even a good "sea lawyer",
but I'd say we're starting down a slippery slope if local elected officials
can chill public comment on the net. Where do we draw the line on who can
sue?  Obviously the POTUS can't.  The Senate Majority Leader can't, (thank
goodness Harry you pompous ignorant ass) and so on down the line to the
local level.  Where do we draw the line?  I see this as a watershed case
with serious implications.

Brad

On Nov 8, 2007 8:30 AM, Hank <hnw555 at gmail.com> wrote:

> Brad,
>
> The administration didn't try to shut down the website, they just asked to
> have comments that were libelous in nature removed.  Comments that accused
> the board of committing illegal acts.  This is more than just opinions.
>  If
> they are unfounded then they are libelous.  The website should be held
> accountable for information it puts for public purview just as the board
> should be held accountable for its actions.  It's a two way street.
>
> Hank
>
>
> On 11/8/07, Brad Haslett <flybrad at gmail.com> wrote:
> >
> > Hank,
> >
> > I don't know what the issues are in Galveston and I don't care - not my
> > backyard.  I call whoever filed the lawsuit an A-hole.  She (the website
> > owner) may be a crank but looking at her website and the comments posted
> > look mild compared to some of the blog postings on the Memphis
> > Commercial-Appeal's website blogs on the local school district.  Being a
> > public official means you get scrutinized and criticized. If you can't
> > handle that I suggest you find another line of work.  One of the great
> > things about this list is that you get honest, open debate from people
> of
> > diverse backgrounds with a common link, they all like sailing. Imagine
> if
> > some politician tried to stifle us because they didn't like something we
> > said.  That's my real beef with the issue at hand.  If a school district
> > in
> > Galveston is successful in shutting down a website they disagree with,
> the
> > future of the net suddenly doesn't look so bright. Go read Daily Kos or
> > Democratic Underground any given day.  I think those folks are loons but
> > they have their say.  So far the BushHitlerHaliburtonCheney
> 'dictatorship'
> > (their words) hasn't made a single effort to shut them down.  We do
> still
> > have freedom of speech, don't we?
> >
> > Brad
> >
> > On Nov 8, 2007 7:49 AM, Hank <hnw555 at gmail.com> wrote:
> >
> > > Brad,
> > >
> > > I'm not sure who you are calling a-holes, the school administration or
> > the
> > > lady posting crap on her weblog?  My opinion is that she is a cry baby
> > who
> > > lost her battle in the proper forum and is not trying to cause as much
> > > strife as possible.  People like her cost school districts and gov't
> > > administrations tons of money dealing with her unfounded nuisance.
> > >
> > > Hank
> > >
> > >
> > > On 11/8/07, Brad Haslett <flybrad at gmail.com> wrote:
> > > >
> > > > Rummy,
> > > >
> > > > Perhaps this could be part of the problem (see attached
> > article).  Some
> > > of
> > > > the trouble with public schools is that the administrators have
> become
> > > > beholden to too many outside entities other than the people who
> "own"
> > > the
> > > > school in the first place, ie, the local taxpayers. Show me a public
> > > > school
> > > > where the parents and locals have an interest in the local school
> > board
> > > > and
> > > > I'll show you a school that works. Public schools are supposed to be
> > > > locally
> > > > funded and controlled, perhaps these A-holes in Galveston don't
> think
> > > > they're accountable.  I hope the idiot principal in Illinois gets
> > tossed
> > > > by
> > > > the locals.
> > > >
> > > > Brad
> > > >
> > > > -------------------
> > > >
> > > > GISD moves ahead with threat to sue parent
> > > >
> > > > By Rhiannon Meyers<
> > > >
> > >
> >
> http://blogs.galvnews.com/contact.lasso?ewcd=d3b50f42b8a6ebaa14db3521c84fef258a570c787301de7e2c826107fc48e676
> > > > >
> > > > The Daily News
> > > >
> > > > Published October 31, 2007
> > > > GALVESTON — The public school district has officially demanded that
> > > parent
> > > > Sandra Tetley remove what it says is libelous material from her Web
> > site
> > > > or
> > > > face a lawsuit for defamation.
> > > >
> > > > Tetley received a letter Monday from the district's law firm
> demanding
> > > she
> > > > remove what it termed libelous statements and other "legally
> > offensive"
> > > > statements posted by her or anonymous users, and refrain from
> allowing
> > > > such
> > > > postings in the future. If she refuses, the district plans to sue
> her,
> > > the
> > > > demand letter states.
> > > >
> > > > Tetley said she'll review the postings cited by David Feldman of the
> > > > district's firm Feldman and Rogers. She'll consider the context of
> the
> > > > postings and consult attorneys before deciding what to delete.
> > > >
> > > > "If it's not worth keeping in there, I'll take it out," she said.
> "If
> > in
> > > > fact it is libelous, I have no problem taking it down."
> > > >
> > > > Libel Or Opinion?
> > > >
> > > > Feldman said Tetley's Web site — www.gisdwatch.com — contained the
> > most
> > > > "personal, libelous invective directed toward a school
> administrator"
> > > he's
> > > > seen in his 31-year career.
> > > >
> > > > "It is not the desire of the School District, the Board, or this
> Firm
> > to
> > > > stifle free expression or inhibit robust debate regarding matters
> > > > pertaining
> > > > to the operation of the public schools," Feldman wrote in the demand
> > > > letter.
> > > > "This is solely about the publication of materials that clearly go
> > > beyond
> > > > that which is legally and constitutionally encouraged and permitted,
> > and
> > > > into the realm of what is legally offensive and actionable."
> > > >
> > > > Feldman cited 16 examples of what he says are libelous postings.
> Half
> > > were
> > > > posted by Tetley; the other half were posted by anonymous users.
> > > >
> > > > The postings accuse Superintendent Lynne Cleveland, trustees and
> > > > administrators of lying, manipulation, falsifying budget numbers,
> > using
> > > > their positions for "personal gain," violating the Open Meetings Act
> > and
> > > > spying on employees, among other things.
> > > >
> > > > Tetley said the postings were opinions only.
> > > >
> > > > "Everyone deserves to have their opinion," she said. "I don't think
> > they
> > > > have a right to make me, or anyone else, take down criticisms of
> them
> > > off
> > > > the Web site. They're not going to force us to take off our opinions
> > > > because
> > > > we have no other place to go."
> > > >
> > > > Tetley said she had not removed any of the postings as of late
> > Tuesday.
> > > >
> > > > Rare Move
> > > >
> > > > One legal expert said the district's move to sue Tetley is rare and
> > > > unlawful. Under the 1964 Supreme Court case New York Times v.
> > Sullivan,
> > > > government entities cannot sue for libel — any court would toss out
> > the
> > > > "threatening" suit as being inconsistent with U.S. law, said Sandra
> > > Baron,
> > > > executive director of New-York based Media Law Resource Center. She
> > > called
> > > > the district's potential lawsuit an intimidation tactic and a waste
> of
> > > > taxpayer dollars.
> > > >
> > > > Feldman said the district is only asking Tetley to remove a small
> > > > percentage
> > > > of postings on her site that he says accuse trustees and
> > administrators
> > > of
> > > > breaking the law. They're not trying to shut down the blog or
> > eliminate
> > > > postings, he said.
> > > >
> > > > "How can that be threatening or initmidating?" he said. "There's a
> > > > tremendous amount of dialogue, if you will, on that Web log that
> we're
> > > not
> > > > touching with a pole ... What we leave is this huge field of free
> > > > expression
> > > > and discourse. There's debate and then there's libel. Debate all you
> > > want,
> > > > criticize all you want, but don't accuse people of committing crimes
> > > when
> > > > you have absolutely no evidence to support that."
> > > >
> > > > More than 130 registered users post on Tetley's site. Since trustees
> > > > threatened legal action, more people have been visiting the site and
> > > > posting, Tetley said. She said she planned to post Feldman's letter
> on
> > > the
> > > > site.
> > > >
> > > > "People are very tired of what this type of government is doing,"
> > Tetley
> > > > said. "They are using our money to silence us."
> > > >
> > > > The law firm monitored the site for months before trustees took
> > action.
> > > > Board President David O'Neal said the postings deter potential
> > employees
> > > > from working at the district.
> > > >
> > > > Tetley and her group, Galveston Alliance for Neighborhood schools,
> has
> > > > long
> > > > criticized the district for reconfiguring its middle schools,
> closing
> > > > elementary schools, meeting in executive sessions some claimed were
> > > > illegal,
> > > > refusing to divulge the contents of a letter from a civil rights
> > > > consultant
> > > > and for issuing a budget forecast that was off by $10 million.
> > > >
> > > > The district's controversial reconfiguration, to go into effect in
> > > > 2008-09,
> > > > prompted Tetley to start the site.
> > > >
> > > > It's often difficult to prove a public official has been libeled.
> > Aside
> > > > from
> > > > proving the libelous statements are damaging, public officials must
> > also
> > > > prove actual malice. Actual malice means knowing a statement is
> false
> > or
> > > > having reckless disregard for the truth.
> > > > ------------------------------
> > > >
> > > >
> > > >
> > > >
> > > > On Nov 8, 2007 7:18 AM, <R22RumRunner at aol.com> wrote:
> > > >
> > > > > Brad,
> > > > > Obviously this girl has a real social problem that should probably
> > > only
> > > > be
> > > > > addressed by the hugging police. Only they will know how to deal
> > with
> > > > such
> > > > > a
> > > > > hardened criminal.
> > > > >
> > > > > Rummy
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > ************************************** See what's new at
> > > > > http://www.aol.com
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