"To begin my review of this book, let me say, I loved reading it.
I also loved the fact that the book is available in both hard cover and on CD (see, mobeta.com ). I asked for both formats from the authors because I am presently vacillating between one box-filled room where my computer is precariously perched and my bedroom where, thankfully, there is no computer, all the while awaiting the completion of my upstairs which will house my in-home office area. If offered such a choice ever again, I will definitely go for the CD since my middle-aged eyes can consume more print if the font is larger than most printed materials. Thanks to Mike Delfino and Mary Day for their kindness in this regard. ---
A CAUTIONARY TALE OF OUR TIMES
"Lawyers say defamation lawsuits against message board posters by companies wanting to silence their online critics are on the rise. "It's not unusual," said Lee Tien, a lawyer with the Electronic Frontier Foundation, a cyber-rights group. "We hear about people being sued for online posts -- and getting into crazy situations -- about once a week."" -- Jeffrey Benner, Wired.com, March 1, 2002.
When I ended my relationship with Dr. Judy, there immediately followed an angry phone call from her, during which I listened intently and bit a hole in my tongue to keep from answering her ire; followed by an angrier letter since I had succeeded in being non-responsive to her call. To this first letter, I dutifully wrote a reply which took her to task on every point she made in her tirade. After finishing my missive, I sealed it in a mailing envelope, and placed it in the top drawer of my desk, where it remained unsent. Immediately, I felt two things: 1) great relief from having vented my spleen in kind, and 2) a tremendous rush, like a power surge, at my having the maturity to leave matters well enough alone. Sending her my response would have invited another response from her, and I just didn't want that to happen.
Sadly, the authors of "Be Careful Who You SLAPP" (available at mobeta.com ) have not reached that level of maturity. But their bad judgment provides a boon to their readers existence by way of their easy to read exposition on the mountain of trouble that was dropped on them for their mole-like sniping online and off.
IT COULD HAPPEN TO YOU!
Although I enjoy indulging in self-deprecating humor when I introduce myself to an audience, the (sic) main protagonist in this parable, Michelangelo Delfino, does an able job of putting a human face on his characterizations of himself and his actions throughout, and I found myself identifying quite clearly and comfortably with this persona and the problems which flow as a natural consequence therefrom. What is most captivating about the first two chapters is how naively his dander gets up over what is now very commonplace, namely, the constant crush of the legalistic juggernaut denying all of us more and more of our freedoms with each passing day.
Seven years ago, I created my individual rights forum and self help legal clinic as an attempt at leveling the playing field for accessing competent legal literature and services. Presently in my 25th year as a practicing attorney, I am no longer taking cases for anyone, preferring to devote my time to further exploiting the power of the Internet in this information age in order to reach as many people as I can with my free "Learning Electronically About Freedom mailing service (Lis-LEAF, a yahoogroups community, see URL in signature file at the end of this message) and putting more practice materials online at the self help clinic and its law library.
At Freedomlaw.com, you can find all manner of pleadings and practical suggestions on preparing for and maintaining legal actions, whether you proceed Pro Se, Pro Per, or, by some fluke of nature, can find an attorney to champion your cause. The economics of law practice prices most lawyers beyond the means of most people.
Most of my subscribers and visitors to Freedomlaw.com suffer from the same sensibilities I do. So, as they read along, they will silently question themselves, e.g., as to why defense counsel didn't file a "Motion to Dismiss for Failure to Join an Indispensable Party" or "Motion to Endorse Res Gestae Witnesses." They've learned about such things as they studied before appearing at zoning and condemnation hearings, traffic and divorce courts (what I call "disorganized crime"). They know their civil and constitutional rights, and the differences between them, and are completely convinced of the fact that "IF YOU DON'T KNOW YOUR RIGHTS, YOU DON'T HAVE ANY!"
While my online work stresses oppression at the hands of Government, my personal experience has taught me that, given half a chance, anyone with the means can be just as petty a dictator. The means of choice in this story are S.L.A.P.P. suits (Stategic Lawsuits Against Public Participation see freedomlaw.com ), a perversion of legal process that precisely mirrors my mission statement online (see, freedomlaw.com ), to-wit, learn use their system against them and it will collapse under the weight of its own contradictions.
MY RIGHTS, THEIR WRONGS
A glance at the book's Table of Contents should pique the interest of most readers since it suggests that the breadth and depth of Mike and Mary's experience are just like their own frustrations with what goes on in and out of courtrooms across this country:
1 Happy Birthday 1
2 So Many Complaints 23
3 Varian's Toxic Gas 53
4 A Fat Liar 85
5 Kinko's and a Bad Copy 114
6 A Bathroom with a View 141
7 A Supermarket Too Far 180
8 A Good or a Service 208
9 What About the Constitution 240
10 SLAPP by Any Other Name 260
11 SLAPP Happy 273
12 You Don't Know Jack 300
13 SLAPP You Silly 336
14 SLAPP on Ice 383
You see that chapter in the middle of the book, WHAT ABOUT THE CONSTITUTION? That question is on everybody's lips these days! We are all "suspects" and "enemy combatants" if some bully bigger than us wants to say so. The all-seeing eye of surveillance cameras in private and public places, random drug tests, and retinal scans of school children who don't pay cash for their lunch? Is this really happening in the "land of the free?" Was the American Revolutionary War really fought so that we would have to piss in a cup to keep our jobs?
"OPINIONS ARE LIKE #%^*@s, EVERYBODY HAS ONE"
One of my favorite tools for fighting overzealous prosecutors is teaching everyone I know about JURY NULLIFICAITON (see, freedomlaw.com and especially freedomlaw.com ) which developed in response to religious persecution and, later, SEDITIOUS LIBEL prosecutions. Following in this same ignominious vein, SLAPP suits repress all faith in any religion other than the corporate cult and seek to castigate anyone who might shout that the emperor wears no clothes.
I'm often heard to remark that "lawyers are great thinkers in matters of terribly small importance" and we know that lawyers bury their mistakes in bulls+-t, reams of it. Mike and Mary took to the World Wide Web to expose their opponents to the court of public opinion via message boards, and, at first, found that getting there was easy and cheap. Then the SLAPP-happy law firm upped the ante. Draping themselves in the American flag, along with sackcloth and ashes, they strove to defend their First Amendment right of dissent, AND WON!
WHAT'S A PYRRHIC VICTORY?
Die-hard patriots, libertarians and other constitutionalists who populate the Internet will both applaud and pity the authors in their struggle to remain free. Since the founding of this country, every thoughtful American has contemplated the price of their freedom. This is no less true or hazardous today than over 200 years ago. The British guns have been replaced by Bureaucrats with badges and guns and a cadre of sycophants who buy them like so many cheap suits.
John Q. Adams observed that every Government, no matter how noble in its inception, degenerates to the level of corruption it sought to replace. In this book, you will read the embarrassingly detailed account of corruption and degeneration that has visited itself upon our legal system, and will soon visit in a theater near you.
P.S. to Mike and Mary:...[In my haste and excitement, I neglected to talk about how important Glynn was to the entire process, and, in fact, minimized his role inadvertently when I stated that most lawyers area beyond the pocket books of most people. A good lawyer who will really champion your cause is probably the most valuable asset anyone can possess these days. I envy you your good fortune in this regard.]" sRJ
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For Liberty in Our Lifetime,
R.J. Tavel, J.D
Founder...
mobeta.com |
