As the new media expands and blogging becomes more well known, this is bound to continue to happen:
GALVESTON — The public school district has officially demanded that parent Sandra Tetley remove what it says is libelous material from her Web site or face a lawsuit for defamation.
Tetley received a letter Monday from the district’s law firm demanding she remove what it termed libelous statements and other “legally offensive” statements posted by her or anonymous users, and refrain from allowing such postings in the future. If she refuses, the district plans to sue her, the demand letter states.
Tetley said she’ll review the postings cited by David Feldman of the district’s firm Feldman and Rogers. She’ll consider the context of the postings and consult attorneys before deciding what to delete.
“If it’s not worth keeping in there, I’ll take it out,” she said. “If in fact it is libelous, I have no problem taking it down.”
Libel Or Opinion?
Feldman said Tetley’s Web site — www.gisdwatch.com — contained the most “personal, libelous invective directed toward a school administrator” he’s seen in his 31-year career.
“It is not the desire of the School District, the Board, or this Firm to stifle free expression or inhibit robust debate regarding matters pertaining to the operation of the public schools,” Feldman wrote in the demand letter. “This is solely about the publication of materials that clearly go beyond that which is legally and constitutionally encouraged and permitted, and into the realm of what is legally offensive and actionable.”
Feldman cited 16 examples of what he says are libelous postings. Half were posted by Tetley; the other half were posted by anonymous users.
The postings accuse Superintendent Lynne Cleveland, trustees and administrators of lying, manipulation, falsifying budget numbers, using their positions for “personal gain,” violating the Open Meetings Act and spying on employees, among other things.
Tetley said the postings were opinions only.
“Everyone deserves to have their opinion,” she said. “I don’t think they have a right to make me, or anyone else, take down criticisms of them off the Web site. They’re not going to force us to take off our opinions because we have no other place to go.”
Tetley said she had not removed any of the postings as of late Tuesday.
Rare Move
One legal expert said the district’s move to sue Tetley is rare and unlawful. Under the 1964 Supreme Court case New York Times v. Sullivan, government entities cannot sue for libel — any court would toss out the “threatening” suit as being inconsistent with U.S. law, said Sandra Baron, executive director of New-York based Media Law Resource Center. She called the district’s potential lawsuit an intimidation tactic and a waste of taxpayer dollars.
Feldman said the district is only asking Tetley to remove a small percentage of postings on her site that he says accuse trustees and administrators of breaking the law. They’re not trying to shut down the blog or eliminate postings, he said.
Bloggers beware...you never know who is watching and who is trying to silence you...sometimes they might even be fellow bloggers who are jealous, or entities you write about. I have faced intimidation for writing some things about local politics, but I always counter with..."go ahead, beat me up, kick my ***....see what happens to your relative or friend when I write you did this because of something I posted." Then the phone call or discussion ends.
Bloggers will need to contend with this issue as more people turn to us for news and opinion. I don't think the school district has much to stand on, but who knows?
