Comments on: $60k damages awarded against blogger who reported truth http://boingboing.net/2011/03/13/60k-fine-for-blogger.html Brain candy for Happy Mutants Wed, 22 May 2013 12:05:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052957 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052957 Does anyone have a link to the case, or even the name of the case (Moore v. Hoff didn't bring up anything on Westlaw)-I'd like to see what the court said, because as it is described by the reporter, the case should have probably been dismissed on a 12b(6) motion, so I am pretty sure there is something missing from that side of the story (or perhaps the guy had the worst lawyer ever...) Does anyone have a link to the case, or even the name of the case (Moore v. Hoff didn’t bring up anything on Westlaw)-I’d like to see what the court said, because as it is described by the reporter, the case should have probably been dismissed on a 12b(6) motion, so I am pretty sure there is something missing from that side of the story (or perhaps the guy had the worst lawyer ever…)

]]> By: William George http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052741 William George Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052741 If anything falls into "What a bunch of fucking bullshit!"/ angrily-waving-fists territory, it's this. If anything falls into “What a bunch of fucking bullshit!”/ angrily-waving-fists territory, it’s this.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052742 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052742 Sounds to me like Moore is profiting from his crime when he was awarded the $60k. Shouldn't that also be illegal? Sounds to me like Moore is profiting from his crime when he was awarded the $60k. Shouldn’t that also be illegal?

]]> By: capl http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052743 capl Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052743 I love the argument that blog comments create a "defamation zone". *insert defamation here* I love the argument that blog comments create a “defamation zone”.

*insert defamation here*

]]> By: chip http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052744 chip Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052744 If you can be successfully sued for making true statements, then the 1st amendment might as well not exist. I really, REALLY hope the jury was pressured to find for the plaintiff. The only alternative is that there are 12 Minnesotans who are... You know what? I probably shouldn't say what they are. I don't want to get sued for telling the truth. If you can be successfully sued for making true statements, then the 1st amendment might as well not exist. I really, REALLY hope the jury was pressured to find for the plaintiff. The only alternative is that there are 12 Minnesotans who are…

You know what? I probably shouldn’t say what they are. I don’t want to get sued for telling the truth.

]]> By: happytweak http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052747 happytweak Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052747 Augh. Every day, truth is trampled more and more. What a bunch of fucking bullshit! Augh. Every day, truth is trampled more and more.

What a bunch of fucking bullshit!

]]> By: PattyCake http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052749 PattyCake Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052749 He wasn't "fined" he was sued. He wasn’t “fined” he was sued.

]]> By: JoshuaZ http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052751 JoshuaZ Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052751 Jerry Moore is a douchebag and I hope that he never gets hired by anyone for anything ever again. Let's Streisand effect this jackass. Jerry Moore is a douchebag and I hope that he never gets hired by anyone for anything ever again. Let’s Streisand effect this jackass.

]]> By: microcars http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052753 microcars Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052753 from the article it sounds like the single act that caused this to occur was the fact that the blogger "gloated" about it later and claimed some responsibility for getting the guy fired. Telling the truth did not seem to be a part of this. Very clever on the part of the lawyers. I would have thought that MN anti-SLAPP law would have protected against this in the first place, except when I looked it up, the law seems to be specific with regards to SLAPP protection against THE GOVERNMENT. from the MN anti-SLAPP statute: "Lawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable government action is immune from liability, unless the conduct or speech constitutes a tort or a violation of a person's constitutional rights." from the article it sounds like the single act that caused this to occur was the fact that the blogger “gloated” about it later and claimed some responsibility for getting the guy fired. Telling the truth did not seem to be a part of this. Very clever on the part of the lawyers.

I would have thought that MN anti-SLAPP law would have protected against this in the first place, except when I looked it up, the law seems to be specific with regards to SLAPP protection against THE GOVERNMENT.

from the MN anti-SLAPP statute:
“Lawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable government action is immune from liability, unless the conduct or speech constitutes a tort or a violation of a person’s constitutional rights.”

]]> By: emmdeeaych http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053267 emmdeeaych Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053267 agreed!! agreed!!

]]> By: awjtawjt http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052759 awjtawjt Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052759 Boing boing is next for reporting truthfully on the truth that was reported. (I'm next after that for agreeing that a truth was both reported and reported on.) ((And anyone who reads this comment and agrees with it, even silently, tacitly becomes complicit in the truth that was commented on, reported and reported on.)) (((Anyone who associates with a tacit truth-acknowledger becomes a knowing accomplice to the chain of truth-reporting-summarizing-commenting-and-agreement.))) Boing boing is next for reporting truthfully on the truth that was reported.

(I’m next after that for agreeing that a truth was both reported and reported on.)

((And anyone who reads this comment and agrees with it, even silently, tacitly becomes complicit in the truth that was commented on, reported and reported on.))

(((Anyone who associates with a tacit truth-acknowledger becomes a knowing accomplice to the chain of truth-reporting-summarizing-commenting-and-agreement.)))

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052762 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052762 He was sued for tortious interference with contract, not "meddling." He was sued for tortious interference with contract, not “meddling.”

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052768 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052768 We may complain as much as we want. Words will not make a difference, only massive action. And that, is more than doubtful in our society. We may complain as much as we want. Words will not make a difference, only massive action. And that, is more than doubtful in our society.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052769 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052769 I would fight that all the way to the Supreme Court! I would fight that all the way to the Supreme Court!

]]> By: Tamooj http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053281 Tamooj Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053281 Nice non-apology there, Emmdeeaych. Nice non-apology there, Emmdeeaych.

]]> By: cory http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052771 cory Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052771 chip, this is a civil suit, so I believe the magic number is 7. You don't need unanimous idiots to make this happen. chip, this is a civil suit, so I believe the magic number is 7. You don’t need unanimous idiots to make this happen.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052774 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052774 chip, the first amendment doesn't apply here, since it speaks to suppression of speech by the government, not to private actions. chip, the first amendment doesn’t apply here, since it speaks to suppression of speech by the government, not to private actions.

]]> By: happytweak http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053032 happytweak Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053032 I would never give up a single human right for anything. The subjectivity of man and the objectivity of the basis of law are meant to come together to reach a rational, justified conclusion. I would never give up a single human right for anything. The subjectivity of man and the objectivity of the basis of law are meant to come together to reach a rational, justified conclusion.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053298 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053298 Really? Have a source for your claim "The statement that John Hoff was found to have told the truth in all of his statements by the Jury is not true", Anon? Because both Minnesota Public Radio (http://minnesota.publicradio.org/collections/special/columns/news_cut/archive/2011/03/sometimes_the_truth_doesnt_set.shtml) and the Daily Planet (http://www.tcdailyplanet.net/news/2011/03/11/jury-says-hoff-didnt-lie-has-pay-anyway) say otherwise. Granted, you may be right that the specific question was preempted by another question, but please, tell us what that question is. If two legitimate news organizations are claiming that all that Hoff stated about Moore was true, then the tort in question doesn't apply. You are right, a victim does deserve protection, but Moore, (whom it is alleged was involved in a mortgage scam and stood to gain thousands of dollars from a single property alone) is no victim. Really? Have a source for your claim “The statement that John Hoff was found to have told the truth in all of his statements by the Jury is not true”, Anon? Because both Minnesota Public Radio (http://minnesota.publicradio.org/collections/special/columns/news_cut/archive/2011/03/sometimes_the_truth_doesnt_set.shtml) and the Daily Planet (http://www.tcdailyplanet.net/news/2011/03/11/jury-says-hoff-didnt-lie-has-pay-anyway) say otherwise. Granted, you may be right that the specific question was preempted by another question, but please, tell us what that question is.

If two legitimate news organizations are claiming that all that Hoff stated about Moore was true, then the tort in question doesn’t apply.

You are right, a victim does deserve protection, but Moore, (whom it is alleged was involved in a mortgage scam and stood to gain thousands of dollars from a single property alone) is no victim.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052787 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052787 Sure, its a private suit but the public parallel would be like if the owner of a major drug cartel who got busted by the FBI/ATF was able to successfully sue the US gov't for his own loss of income and emotional duress. If the FBI agents involved "gloat" about it later does it make any difference? Only the most convoluted abstractions of a legal system would allow for something like this. Common sense obviously plays no role. Sure, its a private suit but the public parallel would be like if the owner of a major drug cartel who got busted by the FBI/ATF was able to successfully sue the US gov’t for his own loss of income and emotional duress. If the FBI agents involved “gloat” about it later does it make any difference?
Only the most convoluted abstractions of a legal system would allow for something like this. Common sense obviously plays no role.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053044 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053044 I've known John Hoff for years. He's a huge community activist and he is not afraid to tell the truth. I thought reader's might also like to know that he wrote two seminal works on dumpster diving called "The Art and Science of Dumpster Diving". He also used to run the blog towingutopia.com that focused on predatory towing issues. I hope he appeals and get out of this. He's an asset to the community and something like this does not bode well for North Minneapolis or bloggers. I’ve known John Hoff for years. He’s a huge community activist and he is not afraid to tell the truth. I thought reader’s might also like to know that he wrote two seminal works on dumpster diving called “The Art and Science of Dumpster Diving”. He also used to run the blog towingutopia.com that focused on predatory towing issues. I hope he appeals and get out of this. He’s an asset to the community and something like this does not bode well for North Minneapolis or bloggers.

]]> By: Cowicide http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053084 Cowicide Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053084 <blockquote>I would fight that all the way to the Supreme Court!</blockquote> Easier said than done, that's a very expensive proposition... but, I hope so too. And I hope everything reverses and the blogger is awarded damages from this idiot, fraudster Jerry Moore.

I would fight that all the way to the Supreme Court!

Easier said than done, that’s a very expensive proposition… but, I hope so too. And I hope everything reverses and the blogger is awarded damages from this idiot, fraudster Jerry Moore.

]]> By: emmdeeaych http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053351 emmdeeaych Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053351 please consider this comment "one troll biscuit" please consider this comment “one troll biscuit”

]]> By: emmdeeaych http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053355 emmdeeaych Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053355 no, really, checking your comment history, calling you a troll is probably not entirely fair. Instead, can you tell my what you're calling me out on? for? Did you not understand that the miscommunication caused by the editor changing the post? Do I need to apologize to you for that? Or was I fair with my first attempt to understand your short, trite, nonspecific post addressed at me? no, really, checking your comment history, calling you a troll is probably not entirely fair.

Instead, can you tell my what you’re calling me out on? for? Did you not understand that the miscommunication caused by the editor changing the post? Do I need to apologize to you for that?

Or was I fair with my first attempt to understand your short, trite, nonspecific post addressed at me?

]]> By: Jesse Weinstein http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053102 Jesse Weinstein Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053102 The case # is 27-CV-09-17778 ; available at: http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1612833203 . It is titled: "Jerry L Moore vs Donald W R Allen, John Hoff a/k/a Johnny Northside and John Does 1-5" I was not able to find the text of the judgment; maybe someone in Minneapolis could get it in person, scan it and link to it here. The case # is 27-CV-09-17778 ; available at: http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1612833203 . It is titled: “Jerry L Moore vs Donald W R Allen, John Hoff a/k/a Johnny Northside and John Does 1-5″ I was not able to find the text of the judgment; maybe someone in Minneapolis could get it in person, scan it and link to it here.

]]> By: Anonymous http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1055415 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-1055415 The way this piece is written, of course you are angry and you think badly of the jury. But having served on a couple of juries, I suspect there is more to this story. It's possible that the defendant's lawyer was totally incompetent or that the judge mangled the law or that the jurors were idiots or didn't care about right and wrong. But I doubt any of that is the case. Absent more information, I will bet that the jurors tried their level best to render a true verdict in accordance with the law. The way this piece is written, of course you are angry and you think badly of the jury. But having served on a couple of juries, I suspect there is more to this story. It’s possible that the defendant’s lawyer was totally incompetent or that the judge mangled the law or that the jurors were idiots or didn’t care about right and wrong. But I doubt any of that is the case. Absent more information, I will bet that the jurors tried their level best to render a true verdict in accordance with the law.

]]> By: noen http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052865 noen Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052865 Johnny Northside is a pc f sht wingnut who spews a constant virulent diatribe of racism and hate. His blog is about the revitalization of northern Minneapolis, which is predominantly black. "Revitalization" for Johnny = gt rd f ll th fckng n@@rs. He is in good company and along with the westboro baptist church he also enjoys freedom of speech. Johnny Northside is a pc f sht wingnut who spews a constant virulent diatribe of racism and hate. His blog is about the revitalization of northern Minneapolis, which is predominantly black. “Revitalization” for Johnny = gt rd f ll th fckng n@@rs.

He is in good company and along with the westboro baptist church he also enjoys freedom of speech.

]]> By: emmdeeaych http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052868 emmdeeaych Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052868 please, show me where the word "fine" was even used. Nice straw man you put up there. please, show me where the word “fine” was even used. Nice straw man you put up there.

]]> By: emmdeeaych http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1052871 emmdeeaych Wed, 30 Nov -0001 00:00:00 +0000 #comment-1052871 It's not about being a good person (decidedly subjective) , it's about the law (hopefully objective). Would you give up rights just so douchebags don't get to enjoy them? It sounds as though you might. It’s not about being a good person (decidedly subjective) , it’s about the law (hopefully objective).

Would you give up rights just so douchebags don’t get to enjoy them? It sounds as though you might.

]]> By: Cowicide http://boingboing.net/2011/03/13/60k-fine-for-blogger.html#comment-1053131 Cowicide Wed, 30 Nov -0001 00:00:00 +0000 #comment-1053131 I don't care if this blogger guy is the worst, most insipid dumb-ass right winger in the world, he has rights, and as a progressive, I think tea bagger, right winger idiots have rights too. I don't agree with them and will certainly fight against them, but I won't stoop to their level, either. So, anyway, I hope this gets appealed and overturned. I don’t care if this blogger guy is the worst, most insipid dumb-ass right winger in the world, he has rights, and as a progressive, I think tea bagger, right winger idiots have rights too. I don’t agree with them and will certainly fight against them, but I won’t stoop to their level, either.

So, anyway, I hope this gets appealed and overturned.

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