Lawyer Who Subpoenaed Blogger Seidel Sanctioned 35
Zathras26 writes "Slashdot has previously reported on a lawyer subpoenaing Kathleen Seidel for blogging about him in an unflattering light. Seidel successfully moved to quash the subpoena. In granting the motion to quash, the judge ordered the lawyer, Clifford Shoemaker, to show cause as to why he should not be sanctioned for his behavior. Whatever his response was, if any, it apparently wasn't good enough, because Shoemaker has been formally sanctioned for his actions."
Another positive sign for the justice system (Score:5, Insightful)
It's nice to see a judge with a spine. I love reading stories about lawyers getting called out when they step over the line.
Re: (Score:3, Funny)
It's nice to see a judge with a spine. I love reading stories about lawyers getting called out when they step over the line.
Re:Another positive sign for the justice system (Score:4, Insightful)
Wow, that's some tunnel vision. Stories like this happen all the time. You only hear about the ones that make people angry, because what sells news.
Cynicism is never a substitute for insight.
Re:Another positive sign for the justice system (Score:4, Insightful)
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Especially if you make up your own reality to reinforce your cynicism.
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Re:Another positive sign for the justice system (Score:4, Informative)
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But apparently pomposity is a substitute for sardonicism.
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Ah yes, if memory serves, this was the lawyer that included a clause in the subpoena asking Ms. Seidel to disclose all her ties to religious organizations, with the parenthetical: "(Muslim or otherwise)". Glad this jackass got caught being a jackass by someone within his profession.
let me be the first to say... (Score:1)
HA HA
Judges laying down the law? (Score:3, Interesting)
In any event, it's a step in the right direction and pleased to read about it.
Unlikely (Score:4, Insightful)
There are enough filters between trials and news consumers that it's unlikely you're experiencing a representative sample of any legal system. Of all the cases adjudicated, only a very small portion involve circumstances or individuals warranting media attention. Of all those, a fraction deserve more than local interest. Of those, news outlets and packagers pick up yet a smaller fraction.
It may be that cases involving judges who also sanction lawyers are simply more exciting for some reason, and are therefore their proportion of visible stories is increasing, but that says more about the news media than it does about the judicial system.
He deserved..... (Score:4, Interesting)
Shakin' in His Shoes I'm Sure (Score:4, Interesting)
One law for them. Another for the rest of us. Don't forget it.
A lawyer at an ethics class. . . (Score:3, Interesting)
. . . will just use it as an opportunity to learn new unethical tricks. I'm sure he'll be fastidiously taking notes, not doodling.
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amen about "one law for them"
a lawyer friend of mine used to get pulled over routinely when he was commuting a long way.. like, several times a month. He showed his court id and never got ticketed.
I used to do IT work for a judge who was appalled that a copy a few towns away had the balls to, "...give a judge a ticket," after he got one. Apparently this is unheard of, and I'm quite confident it never got any further than that.
Re:Shakin' in His Shoes I'm Sure (Score:4, Informative)
I generally share cynical views but everything here is above board (so far). State rights prevent a federal court judge from disbarring or professionally sanctioning an attorney as that is a matter for the state bar that accredited the attorney. The federal judge had his clerk file a complaint against the lawyer to the state bar. I'm sure that if we keep an eye on this case, the attorney in question will get sanctioned on a painful level by the state bar association.
Re:Shakin' in His Shoes I'm Sure (Score:4, Informative)
This is not true. The federal courts have their own bar. To practice in a federal court, an attorney must be admitted to practice in that court. Most federal courts automatically admit any attorney who is licensed in the state in which the federal court is located, but this is a matter of courtesy and convenience, not law. Several federal districts require attorneys to pass a separate examination on federal law before admitting them. There is also a special procedure for admission of attorneys to practice patent law.
A federal judge can therefore take disciplinary action against an attorney independently of any state action. The only relevance of state's rights is that a federal court cannot disbar an attorney from practice in state courts but can only refer the matter to the state's disciplinary body.
exorcism please (Score:3, Funny)
I didn't know Jack Thompson could transfer his soul into other bodies. Yikes!
Re:exorcism please (Score:5, Funny)
When the student is ready, the master will appear
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Only the ones they've bought and paid for.
Hooray (Score:3, Interesting)
Dis people, but don't say bad things about food. (Score:3, Interesting)
This is not a joke: In 13 states [cspinet.org], you do not have the right of free speech if you talk about food.
Read about food libel laws [wikipedia.org]. Say anything you like about people, but don't libel food!
Don't read this, if you live in these states: Citizens of Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Louisiana, Mississippi, North Dakota, Ohio, Oklahoma, South Dakota, Texas, you may not read the next paragraph:
Large amounts of caffeine have an effect on the human central nervous system that many people consider to be unhealthy. In my opinion, it is better to avoid caffeine. That means avoiding soft drinks with caffeine, and avoiding coffee unless it is de-caffeinated.
Citizens of those states, resume reading. If you care for yourself, you will care for your government. Read the many, many books about government corruption in the United States. Take some action against abusiveness.
More stories about your loss of the right to free speech:
Talk Show Host Gets First Taste of Food Disparagement Laws [organicconsumers.org]
Food disparagement laws: A threat to us all [geocities.com].
Food Fights [motherjones.com]
Food Fight - food disparagement laws fought by Center for Science in the Public Interest's FoodSpeak Coalition project [findarticles.com]
Re:Dis people, but don't say bad things about food (Score:1)
Weird - Seems pretty silly to me, even a little disturbing.
But to be accurate, I followed the first link and read 4 of the 13 laws listed there. In each case, it was necessary for the statement made to be *FALSE* to trigger the law, so these are indeed actually "Food Libel" laws.
Bit of an over-reaction to Oprah, I think.
You missed the point. (Score:2)
It is remarkable to me how easily people accept abuse.
Wow! You missed the point. If arbitrary and unconstitutional laws can be made to benefit private interests, we could soon see the U.S. government invading another country so that oil and weapons investors can drive up the price of oil and make more money. Oh, wait... That's already happened.
Oprah paid more than 1 million dollars to defend herself from a court case that accused her of making false statements. I happened to have recorded that show, and
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As a Texan I thought I'd actually read the law rather than take your word for it's interpretation
"(a) A person is liable as provided by Subsection (b) if:
(1) the person disseminates in any manner information relating to a perishable food product to the public;
(2) the person knows the information is false; and
(3) the information states or implies that the perishable food product is not safe for consumption by the public."
Note that all 3 must be true for you to be liable.
Note #2
I'd kindly appreciate it if you
Didn't you visit the links? (Score:3, Insightful)
The laws are apparently intended to strike fear into the hearts of those who talk about food. They have been VERY effective at doing that, at a time when so much of the nation's food supply is driven by profit rather than safety and health.
The intent is to take away free speech, in one particular area, apparently, and the laws do that.
If part of the right to freedom of s
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Any producer of perishable agricultural food products who suffers damages as a result of another person's disparagement of any such perishable agricultural food product, when the disparagement is based on false information which is not based on reliable scientific facts and scientific data and which the disseminator knows or should have known to be false, may bring an action for damages and for any other appropriate relief in a court of competent jurisdiction.
Oklahoma's is less reasonable.
Food laws "shift the burden of proof". (Score:2)
Correction adds another sentence. (Score:2)
As Bederman explains, in contrast to traditional libel law, the food disparagement laws "shift the burden of proof to the defendant. They allow speakers to be held liable even when they were just wrong. That's in contrast to the First Amendment..."
Objection! (Score:4, Insightful)
"On what grounds, counselor?"
"It really hurts our case."
Good for the Judge. Just because you don't like something, doesn't mean you automatically have a remedy.
How can he get away with this? (Score:2)
More than a few people were wondering how those sleazy lawyers can get away with stuff like this. This is how.