An Ol’ Broad’s Ramblings
More On The Memphis Blogger
Bloggers try to block Memphis Police lawsuit
Legal firm says police director must prove need to ID writers
The anonymous bloggers at the center of a lawsuit seeking their identities now have nationally known legal representation.
Paul Alan Levy, an attorney with the Public Citizen Litigation Group, a Washington-based public interest law firm founded by Ralph Nader, will represent the anonymous bloggers at MPD Enforcer 2.0 whose identities are being sought by Police Director Larry Godwin and the city of Memphis.
If I were a judge, I would laugh this clown out of my court.
The lawsuit, filed in Shelby County Chancery Court, asks AOL to produce all information related to the identity of an e-mail address linked to MPD Enforcer 2.0, a blog popular with police officers that has been extremely critical of police leadership. The bloggers operate under the name Dirk Diggler, a porn-star character in the movie “Boogie Nights.”
Does this man have no conscious? It’s obvious that he is not terribly popular, and as far as the blog is concerned, don’t we still have a 1st Amendment? It’s my thought it is run by a cop with MPD, although I might be completely off. The authors don’t mince words, and say exactly what’s on their minds. What is the problem? The problem is, they don’t much care for the director, and he got his feelings hurt. Awww….puir wee babe! (side note: never saw “Boogie Nights”)
Godwin and the city have asked the Circuit Court of Loudon County, Va., to subpoena Virginia-based AOL’s Custodian of Records. The city’s July 10 lawsuit asks that the records produced by AOL be sent to the law offices of Baker, Donelson, Bearman, Caldwell & Berkowitz PC.
So he had gotten city involved? Does the Mayor approve of his actions? Is the city footing the bill for all this legal wrangling? “The city” = the taxpayers!
Levy said he has been in contact with the city’s lawyer, David L. Bearman, seeking the city’s and Godwin’s legal explanation for the request.
For the life of me, I can’t think of a legal, or logical, explanation for his obsession. But then, I’m not a lawyer, nor am I whining at the taxpayer’s expense. And what does Godwin do after he starts this whole battle? Well, it looks like he’s gone on vacation.
Levy said he saw an article in The Commercial Appeal and “went looking for” the people behind the blog, which is highly critical of department policies, including the handling of the Ashley Scott homicide case. Scott was a popular Bolton High teacher whose husband has been charged with her Thanksgiving Day 2006 death.
We weren’t living here when this particular murder took place, so I’m not familiar with the case. However, the blog does touch on the subject here.
Part of the procedure is that the so-called “John Doe” has to be notified. Then the court and the defendant have to be told what words are allegedly wrongful or false. And then the plaintiff needs to establish evidence that it is wrongful and “articulate the legal basis for contending that the words are wrongful,” he said.
Has the blogger stated a falsehood? Has he lied about Godwin? Can Godwin prove there were falsehoods? Or is the blog just critical about the way Godwin does “business”, and says so, in no uncertain terms?
“Just because you can afford to hire a lawyer and file a complaint doesn’t mean you get to identify your detractors,” he said. “You have to show you have a realistic chance of actually winning a lawsuit before you achieve the relief of taking away the right to speak anonymously.”
I question why Godwin is wasting time and money whining about a blogger? Is he scared some truth might be spread? If a blogger’s right to anonymity is taken away, then we are all going to be under scrutiny. Anyone will be able to file suit against us for expressing our opinion, and you might as well kiss the right of “free speech” goodbye.
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So much for freedom!!!!