Right-Winger Sues Blogger And Wins
Lee Kaplan writes at David Horowitz’s far-right, anti-Muslim FrontPageMag.com. A college student set up the blog Lee Kaplan Watch to expose what the guy is writing. He was sued by Kaplan in small claims court for “business interference,” and Kaplan won $7500. because it was small claims court the judge was not required to explain his decision.
On it’s face, this little tiff might look like one blogger with a thin skin gaining a measure of revenge over another. Look a bit deeper, though, and you’ll see that Kaplan’s victory sets a very dangerous precedent for free speech rights. When a blogger can sue his ideological doppelganger for a reason he pulled out of his ass…AND WIN…something is very, very wrong. I can’t help but wonder what might happen if a Liberal blogger would try the same tactic. Nah, I wouldn’t dignify a troll with a response. All that Lee Kaplan has done is to expose himself as a world-class jerk with no respect for the right to free speech…unless it’s his own, of course.
The fact that Kaplan took the case to small claims court tells me that he knew that he would have been laughed out of any other legal venue. Small claims court, with it’s low standards for the admissibility of evidence and inconsistent procedural rules, was the perfect venue for someone with no real case other than having an ax to grind.
Unfortunately, Kaplan’s victorious-albeit highly and disturbingly specious- claim sets a disturbing precedent for anyone who believe in the Constitution, the rule of law, and the freedom of speech and expression. When an arrogant, self-righteous, Right-wing snob who can’t handle having his short-sighted and self-interested opinions held up to the light of day (and no small amount of ridicule) can pull a reason to sue out of thin air and win…well, suffice it to say that I no longer recognize this country.
speaking of the death of free speech, looks like "Bong hits for Jesus" lost too. WTF?
This is bad Chuckie, Real Bad...
I can't seem to find the link today, but this weekend I read about a high school student who was awarded a three day suspension for suggesting that alcohol and tobacco were more dangerous than marijuana. Of course, this is contrary to the propaganda that his school preaches and as Milton Friedman said, "Hell hath no fury like a bureaucrat scorned."
This is hardly just a bureaucratic issue. I wish it were. There are good bureaucrats and bad ones, but these stories taken in the aggregate have nothing to do with merits of any given bureaucrats.
These stories, taken together, portray something new: the recent triumph of bad constitutional law...which is much, much worse. Bureaucrats have always been with us and always will be. What is new is the ability of any loudmouth to steamroll the constitution with "9/11!!! 9/11!!! 9/11!!!" or "business model!!!" or "whenever you talk about drugs, you are advocating them!!!"
Such is the will of the people just now. Blaming the bureaucrats for giving the people exactly what they've voted for is like a driver blaming his car for getting him stuck in traffic.