Judge orders unmasking of blog poster - Coeur d'Alene Press: Local News

Judge orders unmasking of blog poster

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Posted: Tuesday, July 10, 2012 4:27 pm | Updated: 4:57 pm, Tue Jul 10, 2012.

First District Judge John Luster has ordered the Spokesman-Review newspaper to hand over to Kootenai County Republican Party chair Tina Jacobson's attorneys, information that will reveal the identity of "almostinnocentbystander,"an anonymous comment poster on the Huckleberries blog.

Two other blog posters Jacobson's attorneys sought to unmask will remain anonymous.

In April, Jacobson's attorney filed a lawsuit claiming "almostinnocentbystander" posted libelous, defamatory statements about Jacobson in February on the Huckleberries blog. The lawyer later filed a subpoena requesting information that would unmask three anonymous bloggers - "almostinnocentbystander," and also "Phaedrus" and "OutofStaterTater."

The Spokesman-Review's attorneys asked the court to quash the subpoena.

Judge Luster today denied the Spokesman-Review's attorney's motion regarding "almostinnocentbystander," ordering the newspaper to turn over all documentation establishing the identity, email address and IP addresses of "almostinnocentbystander."

"Phaedrus" and "OutofStaterTater" will remain anonymous, the judge determined.

You can view Luster's 24-page opinion below.

Tina Jacobson v Doe_John P Luster_Memoradum Opinion Re Motion to Quash Subpoena_Jacobson v John Doe

  • Discuss

Welcome to the discussion.

8 comments:

  • manman posted at 2:14 am on Wed, Jul 25, 2012.

    manman Posts: 46

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  • JoeIdaho posted at 8:17 am on Wed, Jul 11, 2012.

    JoeIdaho Posts: 2841

    GM, I agree with you totally on the wrongfulness of this Judges' decision.
    PAST that, your idea that Demos aren't primarily to blame for everything wrong in America is wrong....because they are 100% backwards & brainwashed idealogues.

     
  • The Golden Mean posted at 10:20 pm on Tue, Jul 10, 2012.

    The Golden Mean Posts: 4213

    "Although your comments sometimes get personal, I can't imagine after the 3 years I have read your stuff, that you would accuse someone of a crime without proof, or try to damage their business reputation with unfounded accusations"

    You're right, I've learned to avoid direct accusations. However, I think that we should be free to "wildly speculate" about anything and everything. We don't want to start seeing our Christian neighbors locked up for suggesting that Jesus is going to return to earth and start murdering people like me for not believing in all that stuff do we?

    In politics, business and little league coaching, one must be prepared to endure and deflect speculative accusations and success in any of those endeavors is dependent on how one handles the heat.

    At the end of the day, we can't really change what other people say about us, all we can do is change how we respond.

     
  • The Golden Mean posted at 9:59 pm on Tue, Jul 10, 2012.

    The Golden Mean Posts: 4213

    "It seems you only comment negatively about republicans? Why is that?"

    Thank you for asking. I did the research, I found out how much of our present debt was accumulated during almost 30 years (Reagan, Bush & Bush) of Right Wing leadership and their policies.

    I like to call it... Spend, Borrow & Pretend We Are Rich

    But don't take my word for it, do your own research.

     
  • Joseph Jr posted at 7:40 pm on Tue, Jul 10, 2012.

    Joseph Jr Posts: 512

    HUCKLEBERRIES ONLINE REVOKED THE POSTERS PRIVILEGES (sp?), AND ISSUED A STATEMENT ALMOST IMMEDIATELY AFTER THE POST (Feb 17, 2012), AND WROTE THAT THE CLAIM WAS NOT TRUE. THAT WAS THE RIGHT THING TO DO!


    LINK Below: Almost Innocent Bystander - Huckleberries Online - Spokesman.com


    www.spokesman.com/blogs/hbo/tags/almost-innocent-bystander/


    Feb 17, 2012 – On Tuesday, HucksOnline poster Almost Innocent Bystander made a baseless accusation against Tina Jacobson, chairwoman of the Kootenai ...

     
  • Joseph Jr posted at 7:24 pm on Tue, Jul 10, 2012.

    Joseph Jr Posts: 512

    I think the best thing the Spokesman could do, would be to write and publish a factual article, stating that this woman is innocent of what she was accused of. That would be respectful and honorable.

    Here's where I question the suit: Every one of us, has had things said about us which were untrue (SLANDER). What exactly is this woman attempting to accomplish? Is she looking for money? Is she wanting to stifle freedom of speech which includes opinions? I realize what was stated about her was apparently a flat out lie. Still, what does she want? Hey, just asking.

    Another thought: How many people viewed the written comments? I get the feeling few people who blog, actually vote. What was the impact of the lies?

    GOLDEN MEAN: I believe we still have a right to our opinion. I am a conservative, and I have no problem stating my opinion about democrats or republicans. It seems you only comment negatively about republicans? Why is that? You are clueless about our nation's debt (6 Trillion to over 13 Trillion in 3 1/2 years). Unemployment and those on welfare at record numbers. A president who wants to sign peopleup for food stamps. You have no criticism for the liberal president? Think about that. You must be the type who stands behind his candidate, NO MATTER WHAT. I think that makes you ignorant and less than intelligent. Now, go get a subpoena and come after me for that!

     
  • Jeffrey Wherley posted at 6:59 pm on Tue, Jul 10, 2012.

    Jeffrey Wherley Posts: 3969

    GM,

    Although your comments sometimes get personal, I can't imagine after the 3 years I have read your stuff, that you would accuse someone of a crime without proof, or try to damage their business reputation with unfounded accusations. State ART 1 Sect 9 is very well written to exclude abuse in any free speech rights. This Judge did well. IMO

     
  • The Golden Mean posted at 5:55 pm on Tue, Jul 10, 2012.

    The Golden Mean Posts: 4213

    I found it both fitting and humorous that the judge used a cartoon (see page 8) to support his decision.

    I hope that doesn't mean that one day, I will be unmasked because of something Homer Simpson once said, I'm beyond guilty of loving beer and donuts. In fact, I have posted anonymous comments that were critical of the Republicans while under the influence of both.

    My days here might be numbered.

     
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