Here is a great story from the dispatch about Scott Pullins trying to sue Miriam St. Jean for being a ‘cyberstalker’.
It’s like trying to sue one of the bulls after being trampled in the annual ‘running of the bulls’ festival in Pamplona, Spain.
Scott Pullins Is No Hemingway.
You put yourself out there, Scott, now suck it up and take it like a man.
—
KNOX COUNTY LEGAL BATTLE
Feuding pair is example of word wars on Web
Thursday, January 25, 2007
Randy Ludlow
THE COLUMBUS DISPATCH
Scott Pullins and Miriam St. Jean know of each other only through the Internet — and they don’t like each other much.
Pullins, a conservative Republican lobbyist, lawyer and blogger, says that St. Jean has become a “cyberstalker” by writing nasty things about him on the Internet.
Pullins says St. Jean’s postings on message boards serving the Mount Vernon area cause him severe emotional distress and make him fear for his safety and that of his family. He asked a judge Friday to grant a civil stalking protection order to prohibit St. Jean from using the Internet or other forms of communication to “menace” him.
The Knox County court confrontation underscores a national trend in which those offended by online comments are taking action against their perceived tormentors.
“We want her to stop harassing me and my family,” Pullins said, adding that St. Jean also has mailed false and threatening materials to judges, lawmakers and his clients.
St. Jean will seek dismissal of the petition, saying Pullins has not proved that she is Curious Mind, the screen name of a Pullins-basher who posts on knoxpages.com and mvohio.net.
However, she agrees with the assessment of Curious Mind that Pullins, chairman of the Ohio Taxpayers Association, is “un- ethical and shouldn’t be allowed to practice as a lawyer.”
St. Jean, a former legal secretary turned eBay collectibles seller and Internet crusader, said the comments of Curious Mind are constitutionally protected opinion.
From a parade of lawsuits, bloggers and message-board posters slowly are learning that libel laws that apply to print also apply to Web content.
“The same laws and rules govern offline and online speech,” said Rebecca Jeschke of the Electronic Frontier Foundation, a San Francisco organization that defends “digital rights.”
The 1996 Communications Decency Act clarified that freedom of speech extends to the Internet and warns that online commentators are legally responsible for what they write.
Many bloggers and messageboard authors falsely think they have free rein to write whatever they want, one expert said.
“The anonymity the Internet allows has emboldened some people to be more strident than they might be if they had their name attached to it,” said Eric Robinson, a lawyer with the Media Law Resource Center in New York City.
Many lawsuits have been filed, but few lead to judgments for plaintiffs because judges give wide latitude to expressions of opinion, he said.
Part of proving defamation requires that a reasonable person believe what was written — a high hurdle because few believe everything they read online, another expert said. The truth remains a defense against libel, and accurate quotation of public records is protected, said Robert Cox, president of the Media Bloggers Association. Filing court actions over online content can be counterproductive, he said. Those who sense a slight could find that their filings draw far more attention than they would otherwise get.
The Pullins-St. Jean case is unusual in that it claims harassment instead of libel or defamation, Cox said.
Judge Otho Eyster denied Pullins’ request for an emergency protection order and set a Feb. 22 hearing in Knox County Common Pleas Court.
Pullins said St. Jean has been commenting on his activities and threatening him online since at least June. He does not know why. “I don’t think she likes attorneys,” he said.
Curious Mind, for example, blasted Pullins for implying in his blog last year that Gov. Ted Strickland and his wife are gay.
Pullins went to court last week, shortly after Curious Mind posted excerpts from a public record: a Knox County sheriff’s office report on a domestic violence complaint involving Pullins and his wife.
No charges were filed after Kathy Pullins withdrew her Nov. 17 statement, which the police report said involved threats made over the phone. Mr. Pullins said that deputies were called when his in-laws overreacted to an argument he had with his wife, and that he never threatened her.
The court complaint is the second that Pullins has filed objecting to what others have written or said about him. He is suing state Rep. Tom Collier, R-Mount Vernon, a former political rival, in the Ohio Court of Claims. Pullins says that Collier made libelous statements about him during a newspaper interview.
Collier and his attorneys are seeking to dismiss the suit on grounds that his opinion of Pullins as a “puppet … scoundrel, liar and cheat” is protected as political free speech.
rludlow@dispatch.com
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Dumb President? or Clever Speech Writers?
by Joseph on January 31, 2007 · Comments
George W. Bush will never get an award from Toastmasters International for his public speaking skills. But that’s part of his appeal, I suppose, to the American public. It’s the kind of thing that makes him seem like one of us.
I always thought his speech writers deserved an award though for their ability to compose easy to read and recite speeches on relatively complicated topics. (note: this online tool may have offered them some help)
So when I read this story about the president refering to the “Democrat-controlled Congress” rather than the Democratic Congress, and all of the questions it raised with the White House Press- I started wondering if it was just another dumb mistake by the president or, like the ”Axis of Evil” speech and the”Clear Skies” initiative, another example of the smart use of language by his clever staff.
Anyway, here is the article- you can be the judge…
Is it ‘Democratic’ or ‘Democrat’ Party?
by John Gizzi
Posted Jan 30, 2007
A lot of my friends are dumbfounded when I tell them some of the things that we discuss at the off-camera, early morning “gaggles” (briefings) by White House Press Secretary Tony Snow.
Yesterday, at a gaggle that lasted less than thirty minutes, we must have spent five-to-10 minutes on Democrats being “bothered,” as veteran CBS radio correspondent Mark Knoller put it when he raised the issue, by the President referring to the “Democrat-controlled Congress” rather than the Democratic Congress.
“I want to thank everybody for making three mountains out of a molehill,” fired back Snow, “When we asked him about it, he said, ‘What? No, I didn’t mean anything by it.’”
Snow went on to point out that the President came out and “makes a gracious gesture to Nancy Pelosi. He spends an entire speech talking about reaching out and working together, and a few people who apparently haven’t gotten the message run out and they complain that the letters ‘I C’ were missing from Democratic. That looks like an exercise in looking for a fence rather than looking for a way to work together. The President has made it very clear that there’s a lot of work to be done and both parties can work together. The State of the Union was aimed at a series of issues where there ought to be common interest and also common benefit in getting the job done. These are issues that Americans [sic] want to see something accomplished.
“So, let me just repeat, that there was no intentional slight of anyone. As a matter of fact, if you look at the tone and the way he conducted the speech, from the very beginning, through the very end, that was designed as an exercise to say to the American people: ‘You know what? Let’s stop committing petty politics. Let’s stop looking for silly fights and let’s look to get the people’s business done in a way that can give them reassurance that Washington is not a place that’s going to be paralyzed.”
But the Fourth Estate was not going to be deterred. Ann Compton of ABC Radio asked Snow if he was aware that the “Week Ahead” paper put out by his office also left the “IC” off its references to the Democratic Congress?
“No,” replied Snow.
Another reporter asked if the President was aware the reference to the Democratic Party as the “Democrat Party” was a slur against Democrats and has been used in this manner for more than thirty years?
A slightly irritated Snow shot back that “what I’m actually telling you is that this is something that he wasn’t even aware of and you guys are trying to pick a fight that doesn’t even exist. So what I would say is, is it appropriate to try to make a mountain out of a molehill? Only if you really need to.
“If you want to do a roster of name-calling, I would challenge you to go back and look at every characterization of the President and ask that question to people who have used it [sic] against him, because you are going to find that this is a President who has tried to stay away from the business of doing slurs and there was none intended. As a Republican president, he is going to be meeting with Democrats. That is a demonstration of good will. I think what you ought to do is take a look at the actions rather than try to take umbrage at what was something that was an unintentional failure to read two letters at the end of a word.”
The New York Times’ Sheryl Gay Stolberg then jumped in the fray and questioned Snow again whether the President was unaware this is a slur at the Democratic Party historically.
By now, Snow had had it: “He just doesn’t think anything of it. . .It wasn’t delivered. I’m not putting him on the coach. Come on, you guys. Why don’t you ask yourselves if you want to build a constructive atmosphere in Washington, why don’t you think about the substance of the address? It will make you work a little more, but it’s probably more constructive.
He then closed the meeting with “I’m not going to touch it.”
There you have it: your Fourth Estate at work.
A Footnote: My friend Martha Kumar, a historian who is a regular participant in the White House briefings, referred me to a history of ‘Democrat Party’ as a term of contempt. It’s a long history. The farthest historians have traced the term is to the Oxford English Dictionary of 1890, which has a passage: “Whether a little farmer. . .is going to rule the Democrat Party of America.” The same history notes that the term has been used to specifically refer to the big-city machines of the party, which Republicans considered un-democratic, and was employed by Herbert Hoover in 1932, Minnesota Gov. Harold Stassen in 1940, Ohio Sen. Robert A. Taft in 1948, and Dwight Eisenhower and Sen. Joe McCarthy (R.-Wisc.) in the 1950s.
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