Should Shellee Hale Be Protected Under Press Sheild?

[gonzo]

This is far from over I think as an observer.

Interesting points have been brought up. My favorite question is why sue the messenger instead of the hacker?

And then there is the issue of discovery. If they dont grant her shield then discovery on this is going to be a major eyeopener.

I cant say that Id want anyone in my affairs. Jon has proven many times over he has bigger balls than I dream of.

[gonzo]

"New Jersey courts have not yet applied the malicious use of process claim to SLAPPs brought against bloggers or non-traditional journalists. Given the language the courts have used in describing the threat of SLAPPs to citizens' rights of petition and free speech, however, it seems entirely possible that the courts would be willing to extend the claim to these types of SLAPPs"

New Jersey: New Jersey does not have an anti-SLAP statute, although there were bills introduced in 1998 (Senate Bill No. 745) and in 1996 (Assembly Bill 1545). However, the New Jersey Courts have been sympathetic to those impacted by SLAPPs. As a result, the courts have allowed a defendant who successfully defeats a SLAPP-type suit to seek damages from the SLAPP filer on a claim of malicious use of process.

http://www.citmedialaw.org/legal-gui...law-new-jersey


I know people are missing the point on this one. It could be a landmark case.

[RawAlex]

Originally Posted by gonzo

This is far from over I think as an observer.

Interesting points have been brought up. My favorite question is why sue the messenger instead of the hacker?

And then there is the issue of discovery. If they dont grant her shield then discovery on this is going to be a major eyeopener.

I cant say that Id want anyone in my affairs. Jon has proven many times over he has bigger balls than I dream of.

This is why I think this is all a little odd: 1st off, why would you want to bring it all back up? Unless TMM is suffering some overwhelming loss of credibility or losing buisness because of these "lies" (in their opinion), this is one of those things where you should just let it blow over. If Shellee is right, then they should be asking her for more info so they can follow it up and take appropriate action against the hacker, and working to secure whatever might have been lost, etc - acts that would go a long way to fixing whatever credibility they have lost along the way.

2nd, they face a double or nothing deal here: They have to get past the shield law before they can even start to look at the actual "facts" of the case. So they have to win the shield law action before they can even start on the meat, and there they could end up losing as well. So they need to make two victories to come out ahead, Shellee only has to win one or the other.

I just don't understand it at all, I think that the vast majority of people had already let this one blow past and was forgotten in internet time. They have just served to remind us all of what happened.