Mishka Zena Threatened With Lawsuits
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
.
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.”
.
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
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
.
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.”
.
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
April 11th, 2008 at 12:33 pm
Ouch.
Such thoughts went through my mind as I read about Kathleen…
I have noticed…many times… at how words get twisted around, out of context, for the reason of freedom of expression of opinions. At what cost? For the intent to slander, libel, defame, bash, etc? I have seen how anonymouses try bashing and running oftentimes. Or hide behind “anonymous”, etc. It is sad.
Stand strong, Mishka Zena.
April 11th, 2008 at 12:46 pm
Ms.Zena, I have long (since the Protest) admired your work and your grit. I get the feeling that those threats against you are at a par as the problems Kathleen is facing: Utterly frivilous! Ask for sanctions(something I haven’t seen Kathleen add) IF/WHEN this happens to you. Which I doubt will, tho…..hang in there, girl!
DT
April 11th, 2008 at 12:50 pm
Hee hee Yep it is Constitution’s Bill of Rights, the freedom of speech …. nothing can not stop!
Davy
April 11th, 2008 at 12:50 pm
The problem is that sometimes Bloggers do say things that are libel and are against the law.
The US Supreme Court has ruled (from what I am told and from what I remember in government classes at Gallaudet) that the Press does not have full rights to say, print, or show everything.
The Press, for example, cannot commit libel or slander someone. That is why we have laws for slander and libel situations.
Free speech is not absolute.
Which is why we have the courts to determine each case, on a case by case basis.
If some one threatens you, as a blogger, you should contact a group of lawyers, say the ACLU. They should be in a position to assist you.
Raphael J. St. Johns
April 11th, 2008 at 12:52 pm
Keep the blog community unite to show some supports for Kathleen.
If the lawyers spill the beans to the press/network, the jury *must* recognize Kathleen the first amendment.
April 11th, 2008 at 1:31 pm
I encourage v/bloggers-to-be to study journalism — preferrably 21-credit hours. Rare or very seldom is it that some journalists (ranging from reporters, columnists, ad infinitum) be fired and be sued. I have seen some v/bloggers who fail to observe or maintain the rules of journalism faithfully.
April 11th, 2008 at 1:33 pm
Jean B., I wonder if that means rags like the Enquirer and maybe People are firing journalists every day? Lol….
April 11th, 2008 at 1:54 pm
Thanks Karen, DT, and White Ghost
Raohael and Jean, I agree. However, even bloggers who adhere closely to the journalistic code of ethics, reporting as accurately as possible, are also being subjected to systematic intimidation and threats of lawsuits, even though they haven’t committed libel, just their opinions. This is an abuse of power.
Interesting, a fellow blogger gave me this link last night where the bloggers in one country went silent after implications of reprisals by their government.
Japan’s garrulous bloggers go strangely silent To view the entire article, click on: http://www.theage.com.au/articles/2008/04/04/1207249457841.html
April 11th, 2008 at 2:01 pm
We should support Kathleen. The trade off is if we don’t, then when we expose malpractices or abuses, then those that do it, will exploit the law (Which is always corrupt anyway), to silence us. I was threatened with a writ years ago by a leading member of the Brit ‘Deaf’ community via a comment I made at a BBC deaf site, I said “Take your best shot…” The BBC backed my right of free speech he left with his tail between his legs. They are just bullies, so a united front will see them off….
Lawyers ? they are all liars anyway by profession…. who else would back a known liar thief or murderer for money ? They are the last people to bleat ethics or use righteous indignation…. Misquoting things can be down to to misinterpretations, not malice, deaf people have issues with english anyway….
Journalists rules ? c’mon they are lower than leeches and pond life.. the honest one is 1 in a 1,000 they are only interested in a story, if they can’t cover one, they will invent one ! (LOL an American is saying to observe Journo rules…) !!!! So they always tell the exact truth…. ? like RIGHT !!!!!
I doubt they can spell truth, let alone print it….
April 11th, 2008 at 2:07 pm
I try to be careful with what I post, but at the same time, I uphold my freedom of speech and say what’s on my mind.
Speaking of Steak ‘n Shake– check out Diversity, Inc. on Monday– there will be a captioned webcast interview covering the incident.
I am still working with Steak ‘n Shake in hopes that they will make their drive-thrus accessible– this isn’t over with yet.
April 11th, 2008 at 2:39 pm
Elizabeth:
If that is the case, then the bloggers should contatct groups like the ABA or ACLU or the Committee for Free Press.
This is still the land of law suits, like it or not. Everyone has the right to file a law suit.
It’s what happens in the courtroom that counts.
AS for other countries-you mentioned Japan, I have no opinion as I have no clues about thier laws.
Raphael.
April 11th, 2008 at 2:57 pm
Another scheme is around here and I refused to join it. It is Imperia. I feel sorry for those fools who join this scheme. It is too good to be true but it is unrelistic to get hundred thousand dollars in half year.
I appreciate if you can check with it if you are aware of it.
April 11th, 2008 at 3:01 pm
This is shocking and appalling, and just about every blog in the internet can be subject to lawsuits and subpoenas for the littlest thing.
We all have seen bloggers mysteriously go silent and drop off the blogsphere for no reason. Is it because of fear caused by threats, or just because they didn’t want the responsibility?
I am Kathleen, too. We are Americans and our freedom of speech is vital to a healthy government by the people.
April 11th, 2008 at 3:03 pm
Tom K:
What is Imperia?
Can you pls. describe it…I have nver heard of it.
Thanks.
April 11th, 2008 at 3:22 pm
to Dianrez and all:
Why is this appalling? Even the regular press are subjected to laws. Networks are subject to rules by the FCC(i.e. Indecent , foul langage, etc etc.)
Please explain why should Bloggers be different? Esp. when they spread false and malictic(Spell? I am looking for the word that means evil) information? Shouldn’t the Law come down on them?
RaphaelJ. St. Johns
April 11th, 2008 at 3:48 pm
Well, during the protest I received lawsuit threats and personal threats from Brian Riley as a result of a blog post that called into question his actions in regards to a Board of Trustees member.
It was (and is) a game that was played by both sides of the protest issue.
Stand your ground. I regret having to redact my earlier posting and have strongly considered restoring it to its previous content.
April 11th, 2008 at 3:51 pm
Raphael J St. Johns: Why are you assuming that Kathleen spread false information? Did you even investigate the case yourself before making that allegation? She is respected by many lawyers and scientists (who have blogs) for her careful, meticulous research.
Google Kathleen Seidel, or go to
http://lizditz.typepad.com/i_speak_of_dreams/2008/04/kathleen-seidel.html
for a running list of posts about her case. (Including those who oppose her, so it’s not all one-sided). Or read what one lawyer says about it:
http://www.overlawyered.com/2008/04/vaccine-lawyer-subpoenas-kathl.html
Yes, I agree absolutely that bloggers should be accountable too, just like journalists. But the reason why the Kathleen case is worrying is because she was doing everything right, the only thing wrong was that she expressed an opinion that someone didn’t like–and that someone had the power to serve a subpoena. SHE was following ethical practices. The lawyer who “slapped” her with the subpoena was NOT.
Side note, to clarify: let’s not confuse a subpoena with a law suit. Kathleen, unlike some bloggers, has NOT been sued.
The reason why her situation is still bad is because she has been demanded to provide an impossible amount of information that would likely require hundreds or maybe even thousands of hours to pull together into one place in order to comply with the subpoena. Most of that information has very little to no bearing on the legal case for which she was served the subpoena. In other words, its sole purpose was to harass her.
April 11th, 2008 at 4:02 pm
Rachel,
I know it is hard to know if the person would against to MZ about the Freedom is not always accurate by speaking by Karen.
Your comment is #4, I agree with you about” Free speech is not absolute.” it is complex if they find who is responisble for libel related.
I love to read MZ she is one of best blog ever I have her. She is super.
Sad it is not simple to speak out if MZ could be recieve the lawsuit by Karen
.
Deaf Pixie
April 11th, 2008 at 4:41 pm
Deaf Pixie, I don’t know why you wanted to use me as an example. Mishka is one of the best bloggers around and she knows me.
Thanks.
April 11th, 2008 at 4:47 pm
Karen,
I honestly don’t think Deaf Pixie understands Kathleen’s situation as Mishka explained in this blog.
April 11th, 2008 at 4:49 pm
Do they still threaten you, Elizabeth? Do they also threaten other people that v/blogged about the UFG protest? Has Gallaudet University ever threatened you? I am curious. No one has sued the administrators of GallyNet-L so far with the exception that they be shutting down the listserv, has they? Just curious. To the best of my recollection, the administrators had to relocate a different host in order to maintain their original listserv.
April 11th, 2008 at 4:55 pm
Responding to the comment #15 made by Mr. Raphael J. St. Johns:
I think you are thinking of the word “malicious” or maybe even “malevolent”.
From your friendly walking dictionary.
(Joseph Pietro Riolo
josephpietrojeungriolo@gmail.com)
April 11th, 2008 at 4:58 pm
Raphael,
Do you mean “…false and malicious information”? Some people define that as libel or slander. There are laws in this country regarding that kind of mud-slinging because such false info can damage a person’s reputation, career, etc.
However, what Kathleen did is not libel or slander or false info. She wrote a blog article listing Mr. Shoemaker Esq.’s “ambulance-chasing” record of anti-vaccination cases and the amounts of money he has made from those cases, whether he won or not. These statistics are a matter of public record, anybody could have looked them up.
But because Seidel focuses her blog on the issue of vaccination in this country, she has followed the Sykes vs. Bayer suit because of the anti-vaccination stance of Shoemaker’s clients, the Sykes. Seidel herself has nothing to do with the Sykes vs. Bayer case, yet Shoemaker is trying to muzzle her criticism (or opinion?) of his legal manuevuers in the court case by “implying” in his subpoena that Seidel is being paid by big Pharma, which is not true, to promote vaccination. Whether Shoemaker or his client directed this subpoena action makes no difference really, it’s still frivolous lawyering on Shoemaker’s part.
And indeed we all know of frivolous cases that came to court for the flimsiest excuses or got drawn out over a long time to burn out clients’ money. In the meantime it’s the lawyers who get to drives Mercedeses and wear $1,000-plus designer suits…
April 11th, 2008 at 5:01 pm
Being threatened is nothing compared to being served with a subpoena. That’s what happened to Kathleen. But, regardless, it all comes down to freedom of speech. It’s a right that we all have and no one can “bully” anyone with threats because it will not stand up in court. “I am Kathleen” campaign is all about the rights of us bloggers to express our opinions. Like Paotie and I blogged about it, I encourage more people to blog about it too! Keep it going! So far, out of Deaf Read’s bloggers/vloggers, there’s only four that posted about it. We need more!
April 11th, 2008 at 5:03 pm
White Ghost and Karen,
I am error and I mean Kathleen. Not Karen.
Forgive me and I need to carefully with wrong names. :O
Deaf Pixie
April 11th, 2008 at 5:09 pm
Another thing to remember is that Seidel got served this subpoena only 4 hours after her blog article regarding Shoemaker came online. There’s somebody with an itchy trigger finger.
April 11th, 2008 at 5:13 pm
Hey Candy!
Being threatened is nothing to be compared. It’s about the public access that Clifford Shoemaker and his lawfirm being served.
That’s what we suspect. How did Kathleen know about the news that the lawfirm announced the lawsuit on the vaccination/autism case? Of course, it could be the public access that the lawfirm announced. It’s a no-no secret.
April 11th, 2008 at 5:43 pm
No, a threat of a lawsuit isn’t similar to a subpoena. In Kathleen’s case, the subpena was designed as vindictive with the purpose of harassment and silencing the other bloggers. The result will be a financial hardship for Kathleen, with countless hours lost due to the subpoena.
To some people, the threats of legal actions may mean nothing, but they can be a very effective intimidation tool. I am aware of at least one Deaf blogger shutting up his blog for good due to being repeatedly threatened with a lawsuit, much to my dismay. I suspect there were more victims with blogs buried in the cybergrave.
We need to be prepared for the day that we may be subpoenaed or sued, even though we may be doing everything ethically.
Jean, the threats of lawsuits stopped after the end of Gallaudet Protests. I have a strong suspicion who some of the threatening commenters were. The worst threats have been preserved.
Neil, I am not sure I know what that was about. Personally I don’t condone threats or any bullying action for opinions expressed. During the protest, I’ve encouraged the D/deaf bloggers from the other camp to continue their work when I saw them being threatened. To me, the expression of free speech was more important than the ideology of the protest. However, if there is libel or slander involved, then the person may be accountable for the malicious contents.
April 11th, 2008 at 5:45 pm
Deaf Pixie, I am glad the misunderstanding has been clarified
Deaf Mom, way to go! I’ll be looking for that videoclip when you post it up.
April 11th, 2008 at 5:51 pm
Exactly, Mishka.
The lawyers who represent Kathleen could use the timeframe to nail Clifford Shoemaker and his lawfirm.
It *COULD* make the lawfirm to look weak. They *COULD* reimburse her when the trial is over.
As for Jean’s #21 at 4:49PM, you made a comment that made sense exactly. It came from the press/network whereas they broke the news. Therefore, the bloggers have the right to use the freedom of speech.
The reason why the worst threats have been preserved.
April 11th, 2008 at 5:59 pm
Mishka, my strongest, firmest belief is that no one in the world, not even from government, religion, company, media, lawyers, etc., is above criticism, dissent or free speech. Don’t let anyone intimidate or silence you (and me and every blogger) for expressing an uncomfortable, bluntly honest or critical opinion/statement against someone or something of questionable actions/behaviors. Take a stand for free speech, as I’ve outlined my five principles of free speech. Don’t let anyone ever run roughshod over all of us.
April 11th, 2008 at 8:14 pm
To #17:
“Why are you assuming that Kathleen spread false information? Did you even investigate the case yourself before making that allegation? She is respected by many lawyers and scientists (who have blogs) for her careful, meticulous research.”
Did I say she was spreading false information? Did I implied that? If you read my post, I was asking: why should bloggers be different than the other media outlets?
They (other media outlets) ARE held to a legal standard-why should bloggers be any different?
Gee whiz, people..it’s time you guys stop being so sentitive about words…and start to read what it is right of you.
And please…. let me set the record straight:
I am supporting Kathleen. But there are remedies in the law already. It is called a court hearing. Yes, it can be expensive and time consumeing and etc.etc. But it is the way our system is set up. Live with it. And finally: my understanding is that if you want to issued a subpoena, you have to frist meet some critria by the courts. So those lawyers have had to gotten some approval form some judges.
Please correct me if I am wrong…thanks.
Raphael.
PS- Please forgive me for my sloppy mis-spelling. My keyboard is acting up(again).
One of these days I am going to buy a new one.
raphael.
April 11th, 2008 at 8:42 pm
CDT always been a farce. Stay away from them. Even at Deafnation Expo tomorrow in Pomona, a booth there is rumored to be pushing CDT too.
Richard
April 11th, 2008 at 8:44 pm
Deaf Pixie, you are forgiven :o) I was wondering about it.. ha.
April 11th, 2008 at 8:57 pm
Raphael,
I understand what you say about the Kathleen subpoena. I don’t think anyone, at least so far, is criticizing your stand. Clarify something for me:
In order to issue a subpoena, does one have to get approval from a court judge, or does the subpoena have to meet certain court criteria? If it’s court criteria, what would those be? If it’s a court judge, what would his criteria be? Is there a difference between a court judge and “court criteria”? Forgive me, but I’m presuming you know something about legal procedures from what you have commented about so far, or else correct me.
Keep in mind Seidel lives in N.H. and Shoemaker is in VA. Does this subpoena have any legality insofar as location?
April 11th, 2008 at 9:48 pm
Karen Mayes,
My apologized for mixed up with K sound.. Not funny.. As least I am read again and thank you for correct me for clearly names. I know It sound crazy what I made mistaken the names.
Give you a big HUG!!
:o)
Deaf Pixie
April 11th, 2008 at 10:48 pm
Gee MZ …. Now I have to be careful with what I have to say in my vlog (Related to the hearing person who writes the book about the Deaf/Mental Health). I think I won’t do this. I dunno. Poor Kathleen who wishes to express her point of view in her own blog. Freedom of speech is allowed in this country. Why everything go wrong. She is served a subpoena and possibly being sued for a little thing. It is outrageous. MZ, I can you understand you experienced a several threats about the protest etc … Hang in there. And for Kathleen too. It seems like a “Big Brother watching” is coming back.
April 12th, 2008 at 7:05 am
Ugh, I hate “Big Brother is Watching” idiom. The cyberworld is amazing and also dangerous… pornography, religious issues, etc. Even people can learn to make bombs from finding the directions on the internet. Even on how to murder or how to do suicide.
There are many pros… great for school papers (my son used internet for his research paper on one of the endangered animals, instead of going to the library), finding recipes for cooking/baking, getting medical information, etc.
As for blogging… I think it is GREAT, it opens up the new avenue for some people to be able to express their opinions without having to meet anyone in person. But there are a few disadvantages… there will always be some people who are quick to oppose and that the emotions are likely to play a part of it, depending on how strong they feel about the subject.
With the internet, seems like everyone’s life is an open book. One could find the state employees’ salaries, report cards, etc. And it is a ripe field for hackers…
And ripe field for gathering information from the bloggers/vloggers and using them against them.
Wow. Amazing.
April 12th, 2008 at 9:56 am
Yes it is amazing .. Hearing world is not the issue for them (Since the hearing population is huge, they can communicate easily everywhere such as stores, events, classes, and many more). For us, Deaf/HH - this internet is best connection of all. The Deaf Community is extremely small and tight. I usually get lonely so I can reach out to everyone here to chat with since we are all in the same boat. I am blessed to see my old friends thru here. One thing is ugh … Cyberworld is dangerous and complicated. Don’t forget we have to watch our back carefully. Kudo to you all. Have a great weekend. Thanks MZ for pulling me into this Deafread.com last year.
April 12th, 2008 at 12:17 pm
Yes, Karen, it’s true. There have been some bloggers/posters who goes about making false or malicious statements, slanders, factual errors, or even outright accusations with no basis for proof or evidence and get slammed by other bloggers or posters.
Adding that, you should know there are worst sort of people out there who are in the position of power, considerable wealth or using the power of the law who might decide that a blogger like Kathleen, Mishka and others should be silenced for speaking out. Case in point, for example (noted in recent news) - the government of China warned to the world’s media there’s zero tolerance for anyone who’s criticizing China’s government policies and human right abuses.
April 12th, 2008 at 1:12 pm
Hi,
I am Kathleen. Oh, it is my real name, but I could be the next Kathleen…
We need to be cautious, should it happen to us. I always chose the words that consider neutralized for anyone that comes to read the messages. Still, I could be accused for one issue or any statements. Again, we are dealing the public ourselves. We must remember this in our mind regardlessly!
deafk
April 12th, 2008 at 10:48 pm
Hi ya,
Can’t believe when I read this! (Sigh with deep breath.) I am not going to say any further except for few words to number 10 “Deaf Mom”.
Deaf Mom: Be patient and when time is right, it will happen!
Cheers,
Katrina
April 13th, 2008 at 9:35 am
Hey MZ???
Do not give up your blog. Please do go see my video link:
http://www.deafvideo.tv/video/watch/8301/
I feel anyone who tried to scare and threaten you, possibly wanting you out of your blog!?? Oh well, just keep on going blog!
Thank you, Shawn
April 13th, 2008 at 12:39 pm
Thanks. Really I am doing fine. I didn’t get intimidated by threats. Instead cowed into silence by the threats, I became more determined. There has been no new threats for almost one year and my blog is still doing well.
The importance is to report facts accurately as much as possible. People need to stay strong.
April 13th, 2008 at 6:22 pm
Elizabeth,
I agree with you in this regard. It is of utmost importance that a blogger, or a reporter for that matter, should be careful.
I remember several reporters being in hot water in 2003. Under the interrogation, NYTimes’s Pultizer Prize winner Judith Miller kept saying that she did not remember the name of a person who leaked the name of a CIA undercover operative Valerie Plame whilst interviewing Libby and Rove, but one of her notes showed “Flame” for “Plame.” Plame was mentioned by a syndicated columnist Robert Novak. NY Times’s editor, Raines, was in hot water, too, for publishing Miller’s articles. NYT could not fire her because she was a permanent NYT writer because of her membership in the union (she was in jail). However, under the pressure of the NYT staff, she resigned. (N.B.: Freelancers and contracted writers can be fired on the spot.)
NYTimes’s other reporter Jayson Blair was in hot water, too, for plagiarising, lying, and fabricating in NYTimes. Under the pressure, he resigned.
That is why we rarely see anyone sue any careful writer of a respected national newspaper like NY Times, LA Times, WaPo. Following the recent quarrels between Hillary Clinton and Barack Obama and the examples of the scandal of Judith Miller and Jayson Blair, a professor of Georgetown University gave a lecture about the ethics of journalism and lecturing at the library across the street. He said that, ethically, a journalist is not allowed to slander, deceive, humiliate, insult, defame, lie, fabricate and pointed out that “deceiving is equated to stealing” and that “insulting is analogous to killing.” He furthered that when a person is insulted, he/she blanches. It is the culprit that has drawn blood from his victim’s face.
April 18th, 2008 at 10:14 am
To #35:
So sorry about the time lapsed. I have been very ill lately.
To your questions:
My understanding is that in order for a subpoena to be issue it must meet curtain legal criteria(S). It varies from state to state what they are. The person who receives a subpoena can always asks for a hearing to have that subpoena “squash”, e.g. stop. Usually, they have to go before a judge (usually the same judge who issued the subpoena) and explain why it should not be honored.
So my point was that if they have served Kathleen with subpoenas, then it had to be agreed (and signed) by a judge.
Raphael.
April 22nd, 2008 at 1:52 pm
A judge has now QUASHED the subpeona against Kathleen and challenged the lawyer in question to make a case for why he should not be sanctioned for it:
http://neurodiversity.com/weblog/article/152
In other words: responsible, ethical bloggers who are attacked by intimidation tactics for having an opinion CAN fight back.
And: Not all subpeonas are issued on good faith.
April 27th, 2008 at 6:30 pm
Hi, dave here again. Many of you know that an attempt was made by Treasure Traders International and Business In Motion to sue me for $10,000,000 and obtain an interim injunction to shut down my website, and to stop “bad mouthing” them. As an interesting side note TTI also attempted to sue CDT for stealing their illegal pyramid scheme: “Tthe cattle calling the pot black:” The crooks suing the crooks wasting court time.
Anyway, TTI and BIM “got burned” when, (without counsel) I proved they were indeed pyramid fraud schemes. Contrary to the opinions of a few lawyers I consulted it was proven to be OK to call these characters “white-collar, money-laundering, crooks, liars, and racketeering thieves” providing I could prove it. And I did!!! I was also advised erroneously, that a list of 18 thousand names, clandestinely given to me by an insider at the company would have to be returned, because it was their private information, under the privacy laws and I would be barred from using it or calling anyone on the list which was another condition TTI was seeking in their interim injunction: Didn’t happen!!!
I simply argued that the courts cannot be seen, even in the slightest way, to be assisting criminals. The Judge agreed, stating the court cannot become an unwitting accomplice.
That 18 page decision is on the front plates of http://www.crimebustersnow.com and should be downloaded, read, and past on to all bloggers or individuals fighting these pyramid frauds and other crimes and schemes. The judge took into consideration and condoned my “loud “in the street protesting” In his written decision he wrote ….
[4] there is no other evidence in the material filed before the court to explain the manner in which their business actually operates, or to permit those businesses to be distinguished from the “pyramid sales” schemes against which the respondent Thornton campaign so vigorously, and the operation of which in Canada is contrary to both the Competition Act and the Criminal Code.
The judge wrote at [11] … Thornton freely acknowledges that he campaigns publicly against those who would cause economic and emotional damage to ordinary Canadians by enticing them into pyramid sales schemes.
At [24] Thornton may have caused irreparable harm to the TTI and BIM businesses. Indeed it is admitted by the responded that that is exactly the result his actions were intended to have. ….. Thornton himself effectively acknowledged that he hopes he has caused them irreparable harm. There is no doubt that his intent was to provide warnings to the public regardless of the harm that it might cause to the plaintiffs, or indeed others who might be engaged in similar schemes - [CDT]
At [25] The reason is simple. It seems obvious to me that our courts would not exercised their equitable jurisdiction to grant the extraordinary remedy of an injunction to prevent alleged “irreparable harm” to be suffered by an illegal business.
And last, at [41] By corollary, it will be open to the plaintiffs to bring another injunction application before trial, but only in the event that they are prepared to adduce probable evidence at such time that would call into doubt the prima facie case of illegality the respondent Thornton has successfully made out.
Now readers, that is the simple logic to deal with these fraudsters that come into your communities like “wolves in sheep’s clothing“ defrauding the financially unsophisticated, the unwitting, and the financially desperate.
As you may know, we have and ongoing battle with Jay Waterman of Canadian Diamond Traders who is scamming the deaf community and of course others worldwide, even the native bushman with no Internet on the small tiny Island Nation of Vanuatu, a tiny island in the middle of the South Pacific. That is abominable!
You may also know, Jay Waterman, after threatening to sue, instead has chosen to attack me personally, and our organization, because he fears suing me after what I did to TTI & BIM’s illegal gemstone pyramid fraud. He has attacked with the most vicious lies and innuendo posted on the official CDT Website. He has edited a tape recorded conversation we had, and fabricated false evidence, and events that never happened.
I was not a victim of CDT’s diamond fraud. But I took them on because of what I witnessed Jay Waterman reprehensibly and abhorrently inflicting upon not only the vulnerable deaf community, but as well, other vulnerable groups and individuals world-wide.
Canadian Diamond Traders’ head office is only a few miles from where I live in Ontario Canada. We are trying desperately to shut them down on your behalf, but we need your support. Please will you assist us?
dave President – CrimeBustersNow http://www.crimebustersnow.com 905-963-3389 24/7. we return calls toll free anywhere in North America and 22 countries worldwide.
September 4th, 2008 at 7:49 pm
Canadian, Witold Popiel recruiting in Canadian Diamond Traders international fraudulent pyramid scheme was arrested in and jailed on a recent trip to Poland.
David Thornton
President
CrimeBustersNow.com