Friday, March 04, 2005

GADFLY'S DAY IN COURT

The motion to have the malicious SLAPP (Strategic Lawsuit Against Public Participation) thrown out of Court was argued this morning in Superior Court for about an hour before the honorable Carol Higbee. A 20 page brief had been previously sent to the Court arguing that as public figures the burden fell on the Plaintiffs to prove "actual malice." This a very difficult and high standard.

The Judge will likely decide with a written opinion sometime next week. Not an impartial perspective here but the questions of the Judge directed to the Plaintiff's stand-in lawyer (paul THE CASTRATI damato sent a junior partner) seemed to bode well for the supporters of freedom of speech on this open GadFly forum.

At one point the Judge stating that references like "bigot" or "Mullah" are name calling and not defamatory. At another point she vigorously questioned plaintiff's attorney about the vicious threats against larry THE PEDANTIC MISANTHROPIC S.O.B. angel that showed bob THE MULLAH hageman urging a physical assault "to silence" the S.O.B. as reflected in the Township minutes. The issues of the allegations of an affair between THE MULLAH and BAG LADY left plaintiff's attorney again verbally tongue tied.

The words of Oliver Wendell Holmes resonate: THE REMEDY FOR OFFENSIVE SPEECH -- MORE SPEECH.

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