My response is a loud YES to the possibility of a Deaf blogger being sued. I can vouch for this personally as I’ve been threatened with lawsuits.
I was asked to cover this issue by another blogger in response to the supoena of Kathleen Seidel for her post criticizing the actions of personal injury lawyers going after a vaccine manufacturer.
During the heyday of the Gallaudet Protests, I’d been threatened with lawsuits for not just covering the protest, but also for my personal opinions expressed in my blog. I don’t recall the exact number, but I believe it was at least five times. Not only I, but also other prolific pro-protest bloggers faced a constant barrage of ruthless bashing, vilification, and threats as part of an intimidation scheme practiced by a small minority from the other camp, in a futile attempt to scare us into silence.
After I did several posts on Canadian Diamond Traders after some concerned Deaf people contacted Maryland General Attorney, I was informed indirectly that the company had implied a possible lawsuit against me for libel if I don’t remove the offending posts. These posts are still up as I stand behind my findings. After further investigation, I’ve found several other bloggers slammed with the similar threats from that organization.
So far these threats of lawsuits haven’t materialized.
We are unique in that we are usually not paid for our reporting, unlike professional journalists. Also, unlike reporters, our posts are interlaced with our personal opinions. Some of the blogs are closer to the traditional journalistic reporting with the writers honoring the journalistic code of ethics, while with some other blogs, the journalistic integrity isn’t closely adhered. In yet other blogs, the writing is more in line with personal diaries. Nevertheless, these are our personal opinions, afforded to us by the Constitution’s Bill of Rights, the freedom of speech. Even though we may be diligent, reporting facts and making personal comments while avoiding plagiarism and libel, more now than ever, our rights to express our opinions are being attacked with harassment, threats, and lawsuits as weapons to intimidate us into silence.
With time, the power of blogging is on the rise as recognized by agencies and corporations as a potential threat. My blog received national attention when I exposed problems with the qualifications of interpreters in the judicial system faced by deaf people, such as during Daphne Wright’s death penalty trial. WalMart recently withdrew its claim against a brain-injured woman to recoup its losses in health insurance expenses, due to the negative coverage by blogs harshly condemning its actions. Our Karen Putz’s experience in being denied service by a fast food restaurant, Steak and Shake, due to her inability to use the speaker brought on negative national spotlight on that franchise.
There is even insurance coverage for bloggers wishing to be protected from financial losses due to libel lawsuits.
So it is imperative that all of us the bloggers and vloggers unite in support for Kathleen Seidel. After all, it may happen to us. MZ
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From an anonymous blogger:
Bloggers Under Attack: How We Can Fight Back
I am Kathleen.
No, that’s not my literal name. That’s the rallying cry for all bloggers
and vloggers who care about the freedom to blog or vlog. That’s my way of
seizing our freedom back–yours, mine, everyone’s.
The most precious tool that a blogger has is not something you can see,
hear, or feel. It’s not a computer or blogging software or a nifty pay-pal
arrangement. It’s called “Freedom of Speech.” Without it, we all might as
well demolish our blog sites. Well, that freedom of speech is under attack
for all of us everywhere–regardless of gender and gender-identity, race,
sexual orientation, disability (or lack thereof), country, cultural
background, religion, or what have you.
In case you hadn’t already read about it, one particular blogger, Kathleen
Seidel, recently committed the shocking offense of having an opinion.
Specifically, she made some comments on a particular multi-million dollar
law suit. No, she has no special, inside knowledge of the legal case.
She’s simply a one-person journalistic blogging operation who did her
homework. Meaning, she looked up the public facts of the case in the same
way that any other public citizen could have done. The difference being,
she had the audacity to actually share what she found with the public via
her blog and included her opinion criticizing the basis of the case. This
was in late March 2008.
Somebody must not have liked what she said because within four hours, she
was served a subpoena requiring her to show up in court and turn over
absurdly excessive and burdensome amounts of information in just about
every sphere of her life, whether or not it has a plausible connection
with the case. As just one small example, they want records of every
single email correspondence or verbal conversation she has had with every
single blogger in her blog roll for the past umpteen years. These bloggers
number more than 100, and most of them have written nothing about the
legal case at hand. And that’s just the start.
Now, a supoena by itself is not inherently evil. It’s simply a tool for
gathering information that could shed important light on a court case but
that might otherwise not be made available. It can be put to a great many
positive uses, including setting innocent people free or seeing justice
done.
But in this case, Kathleen Seidel knows nothing special about this case
that the lawyers couldn’t have gathered on their own far more easily. Both
lawyers and lay people who have read through the subpoena agree that its
primary purpose–perhaps its sole purpose–is to intimidate and silence
Kathleen. In other words, it was served not to turn up valuable
information but because Kathleen Seidel expressed an opinion that was
inconvenient to one of the parties in the legal case.
I won’t even tell you who because, frankly, I think that’s irrelevant. In
any case, you can look that up on your own via the links I provide further
below. What matters more is that this is an attempt to make one blogger
afraid to exercise her freedom of speech.
Well, Kathleen is not giving in to these pressure tactics. And neither
should any of us who care about one of the most basic freedoms any human
being can have. Because if Kathleen could be attacked, then so could you;
so could I; so could any person with an opinion and the courage to make it
public.
Don’t believe me? Well, try this: Kathleen is not even alone. One blogger
has collected examples of several cases from around the world in which
attempts have been made to suppress the views of bloggers.
An attack on Kathleen or any other blogger is an attack on all of us. That
means we all need to stand together on this–including those of us who
might ordinarily disagree with vehemence at other times. Only with freedom
of speech can we be truly free to disagree.
And tell the world, “I am Kathleen.”
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Hat Tip to Andrea Shettle of Reunify Gally: Is any blogger safe? The “I Am Kathleen” Campaign « ReunifyGally
Kathleen Seidel’s post on her subpoena: neurodiversity weblog: Subpoenaed
Mishka Zena’s Post on Canadian Diamond Traders : Mishka Zena » Blog Archive » CDT A Pryamid?
From another blogger: Canadian Diamond Traders wants to silence me?
Government of Western Australia: Canadian Diamond Traders is a Pyramid Scheme: http://www.docep.wa.gov.au/ConsumerProtection/scamnet/Scams/Canadian_Diamond_Tra.html
From South Wales, Australia: Canadian Diamond Traders is an illegal pyramid scheme: http://www.parliament.nsw.gov.au/prod/PARLMENT/hansArt.nsf/V3Key/LA20060921018
email contact: mishkazena@aol.com