Saturday, October 07, 2006

"lawyered up" page threatens blogger with lawsuit

Oh my, that was quick wasn't it. I have this to say to you Jordan -- at this point the story/investigation has gone way past your involvment in it. You were only "interesting" in that you left some clues that led to Christopher Katsaros, who was the leaker. So get over it and move on. Nobody cares about your involvment anymore.

You can't sue for anything here anyway, because the truth is an absolute defense against libel/slander. Just suck it up and take your lumps like a man.



Via Drudge

NewsOK
From: Rod Nixon

Date: Oct 5, 2006 10:17 AM

Subject: Jordan Edmund

To: PassionateAmerica@gmail.com

Dear William Kerr and Passionate America:

Please be advised that I represent Jordan Edmund. It is our understanding that you and Passionate American are identifying Mr. Edmund with certain Instant Messages ("IMs"). You have indicated that ABC News mistakenly published these alleged Ims and that you should not have been able to obtain this information. Whether this is true or not is beside the point. Without any foundation or legal permission, you are stating that our client is the person associated with the Ims. Neither ABC News nor Brian Ross have been error free in their reporting in the past. You should not assume that they are correct now. Like all individuals and institutions, they occasionally make mistakes. Therefore, I respectfully demand that you cease any further efforts to identify our client with these alleged Ims and cease publishing such information on Passionate America. Neither you nor Passionate American is authorized to use any photograph of him, his name or his personal information. You should consult with an attorney who is experienced in civil and criminal liability regarding the internet. If you are correct that ABC News should not have released the alleged AOL screen name and that ABC News has risked civil and criminal liability because of the unauthorized release, then your republication of the unauthorized release likewise exposes you to possible liability.

Sincerely,

Stephen Jones

JONES, OTJEN, DAVIS, NIXON & JUHL

114 E. Broadway, Suite 1100

P.O. Box 472

Enid, Oklahoma 73702

2 comments:

fmragtops said...

Heh, you said "suck it up".

Francis W. Porretto said...

While it's true that truth is an absolute defense against charges of libel and slander, all the attacker needs is a sympathetic judge to let a frivolous lawsuit go forward, and the defendant, legally invulnerable or not, will face bankruptcy.

Sadly, there are a lot of judges out there who'd permit such a thing.