Just when you think you are having a bad day ... the phone rings and you get the news that Joe Pilchesky lost in his bid to conceal the identies of his posters ... Poor Milo's Ghost ... we are going to find out who you are ... I can't wait ...
This is such a victory for Judy Gatelli! Way to go Girl.
Maybe this will be the end of DD. As I hear it ... his site is down around 50% since the lawsuit ... hmmmm .... poor pappa pilchesky .... way to make my day!
Hopefully we have scooped old Joey on this one!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
well we didn't scoop them ... my day couldn't be perfect! But it is a pretty damn good day ...
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
Well he's appealing ... now that's a shocker ... NOT! We knew that ... however according to the TT article that was cut and pasted on to his website ... and here we were all under the assumption that they don't read the TT ... again NOT! Judy will be seeking even more names in the appeal ... this will not be over soon ... but it is a victory for Judy Gatelli ... and yet another loss for Pappa Pilchesky.
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
If Pilchesky's record on appeals is any indication, I'd say that we'll know the names of six DD posters within a few months. How cool will that be? What if some of the names are city employees who posted during working hours?
So go ahead DD toadies, keep posting away.
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Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
I wanna know why pilcheski felt the need to hire another lawyer to handle this for him, seeing as he is so good at handling everyone else's crap himself. Didn't they say he was a big city kahooana from the DC area? Not taking any chances when your own skin is on the line, huh old man?
How about all the postings at DD along the lines of "Great! Now Judy will have to answer all these questions about [insert pornographic reference here]!"? Funny, but she didn't have to answer them for the trial, why now will she have to answer them for the appeal? Personally I think there are more than a few DD posters who get their rocks off at the thought of any sexual act, hence the obsessions.
Here are my predictions:
1. The appeal will be heard and denied. 2. Pilchesky will claim that he doesn't have the actual names, only email addresses. 3. Pilchesky will surrender the email addresses.
...and we will be there every step of the way.
As for getting another lawyer, I'd be careful if I were Joe: some of that estate money will probably have to be returned.
-- Edited by Agamemnon at 10:55, 2008-10-04
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Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
Agamemnon wrote:2. Pilchesky will claim that he doesn't have the actual names, only email addresses. It certainly sounds like he knows them and communicates with them... they are going to be sold out!! A real "activist' would never give up the info and would go to jail first but this pussy will sell them out in a heartbeat!! 3. Pilchesky will surrender the email addresses. and the IP addresses which will lead directly to them through the IT carrier. :))
I don't know if "Great news" should exactly be the sentiment here. Free speech just took a blow, at least at this court level. The tax dollars of the citizens of Scranton are being spent in a lawsuit because a council person was called names.
The list of 90 plus anonymous posters Gatelli sought the names of was pared down to six. It sounds some what frivoulous to ask for names of people, and have a judge decide lawsuits against a major percentage of them is not warranted.
And what of the six persons whose names the judge ordered revealed? Is it because they allegedly used a slang term about oral copulation when talking about Gatelli? In my life, I've been called lazy, ugly, stupid, inept, fat, and even worthless. Can I now sue the people who called me those names in public? Is this the society we've become? Are we revelling because Pilchesky took a slight hit, or because we don't believe people should be free to speak their mind on a website?
-- Edited by Balko the wonder dog at 17:46, 2008-10-04 (forword spacing)
-- Edited by Balko the wonder dog at 17:48, 2008-10-04
The notion of "Free Speech" is just that, a notion.
Sure, I intellectually can combine any number of words together in a sentence and physically utter them with my mouth, but does that mean I have the "right" to say anything I choose? If your answer is yes, then I suggest that...
...You go up to the first policeman you find and start uttering "oinking" noises while you then go on to explain how "your people" were "wronged at Attica". Do it repeatedly. And when the officer says to you "Are your eyes glazed? Have you been drinking?" You should respond by saying "Are your lips glazed? Have you been eating a donut?".
OR
...Go into a courthouse, find a judge with a Jewish sounding last name, go into his/her court and then start expressing your views about how his/her people "control the media and the banking system".
OR
...Go into your local ementary school, stand in the playground, and start yelling about how much you enjoy watching re-runs of "Full House", especially the ones that involve the Olson Twins. Keep doing it until recess begins. Emphasize how cute the Olson Twins were and how sexy they have become.
Now do those examples sounds absurd? Of course they do, but wait, we are talking about FREE SPEECH here, are we not? Doesn't Pilchesky himself crow about "no limits on Free Speech"?
Look, in order to have a civilized society...emphasis on the term "civilized"...there have to be some reasonable limits to expression. It's not all just about yelling fire in a crowded movie theater...it's not about expressing unpopular ideas...it's not even about calling Judy Gatelli "fat"...it's about a common understanding of what we consider to be reasonable and civilized behavior. In the absence of reasonable limits, we cease to have a society, let alone a civilized one.
NO ONE on this board would ever deny or revel in the denial of the expression of displeasure with any politician. You, Balko, can crow on until the cows come home about how horrible a job Chris Doherty does or how incompetent Sherry Nealon-Fanucci appears to you. That's not the point. The point comes when that expression involves lurid comments that are not to express your opinion, but rather are meant simply to hurt, to verbally assault. These individuals on DD weren't simply expressing their displeasure at government, they weren't simply calling Judy Gatelli "lazy" or "fat", they were intentionally trying to harm her and her family...trying to inflict the maximum damage, all the while feeling that they shouldn't be accountable for their actions.
In my book, if someone intentionally tries to harm me or my family (or you and your family Balko) there should be consequences. It doesn't matter that Judy Gatelli is a public official. Yes, she should be open to criticism for her public actions. No, she shouldn't be subject to harassment and abuse at the hands of individuals who simply do it because they don't like how she votes on a small town city council.
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Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
In my life, I've been called lazy, ugly, stupid, inept, fat, and even worthless. Can I now sue the people who called me those names in public? Is this the society we've become?
You certainly could if the names that you were called damaged you in a way that could be documented. For instance being identified as 'stupid" in front of potential clients..say if you were an investmanet broker could be quite damaging..and yes you could sue and you could quite possibly win. We call it slander (if spoken)and libel (if written).
Now another examble might be if I were to run around your neighborhood and say that your Mother gives BJ's to anyone who wants one....I bet it would cause you to do something in return....hey but that is my right to free speech according your view. Right?
So yes I am revelling in the nose slapping Joey just took and I am also rejoicing in how carefully the court reviewed the comments in question.They bent over backwards to protect speech, that while offensive in the extreme, was still in fact protected speech... thus reducing the actionable comments from the 90+ posters to the Screwed Six. So rest easy Balko.... free speech is still safe in America... but just remember free speech does not mean being able to say anything you want (see comments about your Mom above) it means being safe to express displeasure in your government. You can still do that all day long and twice as long on Sundays. Sleep well all is still right in the world. :))
-- Edited by IHavehadenoughofhaters at 01:56, 2008-10-05
An excerpt from Agamemnon's comment: ....."it's about a common understanding of what we consider to be reasonable and civilized behavior. In the absence of reasonable limits, we cease to have a society, let alone a civilized one."
Ah, there's the rub. Who determines what is civilized? Who determines what are "reasonable limits" to this free speech? And if free speech is limited, is it free at all?
Look, so we're all clear, although I don't care for Gatelli's voting record, I don't agree with the name caling campaign. White supremacists groups have websites all over the interent that openly insult blacks, Jews and others, but the venom they spew is not limited.
In "Greenbelt Cooperative Publishing Association, Inc. v. Bresler", the Supreme Court ruled that an article which quoted aspeaker at a city council meeting who criticized a councilperson named Bresler's [aggressive stance in negotiating with the city] as "blackmail", was not libelous since no one could believe anyone was claiming that Bresler had committed the crime of blackmail, andtherefore the statement was essentially an opinion. (brackets added for clarity) The question is not if Judy Gatelli actually practices fellatio, it is whether or not sating she does harms her reputation. The visiting judge who made the ruling will be overturned. The case law he cited doesn't even remotely apply here. This decision will surely be overturned on appeal.
BTW, Agamemnon, if I call a cop a "pig", "corrupt" a "facist jackbooted thug", or just say I think his mother is a "whore", any arrest (of me) by him would not only be illegal, but also an egregious abuse of power. Even your "absurd" examples aren't limited by free speech, except possibly in the courtroom case, where a judge could take some action for interupting the court. Still, he could not sanction your speech. But I digress.
-To "haters"....Perhaps you know my mother better than I do. Say what you will, you DO have the right to, and that is the issue, not my mother's obvious oral skills.
When free speech is limited by someone else's opinion, or idea of what is free, said speech isno longer free.
-To "Girl Thursday".... I'm not a fan of Pilchesky, but he is showing he's smart enough to recognize that a [lawyer; or in this case serial plaintiff] who represents himself has a fool for a client.
-- Edited by Balko the wonder dog at 02:53, 2008-10-05 Wow, huge problems with word spacing and fonts changing. Apologies for the numerous edits......
-- Edited by Balko the wonder dog at 02:56, 2008-10-05
Balko the wonder dog wrote:Ah, there's the rub. Who determines what is civilized? Who determines what are "reasonable limits" to this free speech? And if free speech is limited, is it free at all? The courts do... they do it all the time. They will in this case also.
-To "haters"....Perhaps you know my mother better than I do. Say what you will, you DO have the right to, and that is the issue, not my mother's obvious oral skills.
No actually that is not the issue. It is not an issue of whether we have the right to free speech we all know we do have that right. It is whether these words in particular are protected under that clause, that is the issue. I think you need to research the issue a bit more. The issue is whether the words slandered or libeled the other person, if they did... payment will commence and 'free speech" will cease be free, in fact, it will become quite expensive indeed!
In the case of the words against your Mother if she were, for instance, in charge of a classroom in a church run school such an accusation from me could cost her a job. So unless I have verifiable proof of my comments, my free speech will become very "un" free very fast. So while I agree in theory with the concept of free speech ( It is what I love most about my country) I also respect the right enough to know not to abuse it. DD abuses free speech ,,,that is just plain wrong period.
-- Edited by Balko the wonder dog at 02:53, 2008-10-05 Wow, huge problems with word spacing and fonts changing. Apologies for the numerous edits...... We all have this problem I don't know why
-- Edited by Balko the wonder dog at 02:56, 2008-10-05
-- Edited by IHavehadenoughofhaters at 12:13, 2008-10-05
Free speech is limited, all the time...limited by the consequences of that speech. For example, if I make up wild crap about Joe Pilchesky & his wife, paster it on a sign, and march around downtown Scranton, do you Pilchesky haul my a$$ into court for slander? Of course he would, and we all know it. Would you then criticize Pilchesky for infrining on my right to free speech, or would ou say that Pilchesky has the right to defend his and his wife's reputation? Pick one.
As for who decides what "reasonable limits" are, I'm surprised you ask the question, since you apparently know so much about the law. These "reasonable limits" are decided all the time. For example, PBS can run a WWII documentary on some affiliates where the soldiers in combat say "f^%k", but a sitcom on CBS can't have a character use that same word (and in fact that same documentary is shown with the "naughty" word edited for certain PBS affiliates). Now why is that? After all, it's the same word.
Oh, and regarding the "absurd" examples, you missed my point. There is a reason why you don't say things like that, over and the fear of getting a nightstick shoved up your a$$.
Finally, great comparison Balko: Pilchesky's website and white supremicists. Well Joe did use a certain word to describe Stacy Brown once, but now I digress...
-- Edited by Agamemnon at 22:33, 2008-10-05
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Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
Balko ... I wrote the words that state "Great News" ... because to me it is great news ... you may not feel the same way ... but that's ok ... I may not feel that way if it were anyone else ... but here we have someone who denies the right to the freedom of speech to so many and he claims he has the right to say what he wants when he wants ... Well Pappa should afford others the same rights as he himself claims ..
Go to DD and disagree with them, although you can somewhat disagree now ... 2 years ago that was not the case. If I ... or the other original posters ... were afforded our freedom of speech ... well the PD would not exist ... so how can you claim to be protected under the 1st Amendment ... yet deny it to so many ... Freedom of speech is a convenience to him and nothing more.
If we were all allowed to say whatever we want, whenever we want ... about whomever we want ... there would be no slander or liable ... I do believe that another poster pointed this out .... anyway this is just my opinion ... I think it is great news ... you do not have to agree with me on this ... so I guess we will just have to agree to disagree on this particular point of view.
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
There is a line at which, when crossed, our "right" to speak our minds runs counter to the "right" of someone else not to be slandered in a public forum without redress. The "without redress" part is key here: these posters don't want to remain anonymous simply becasue they are vangards of a Constitutional right; no, they simply don't want to be held accountable for what they wrote.
Anyone can wrap this whole discussion up in lots of academic thought, but in the final analysis, this is about the fact that a bunch of people don't want Judy Gatelli know WHO said vile, deeply offensive things things about her and her family. That's a far cry from defending the right to speak out against government.
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Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
You are absolutely 100% right Ag ... this is about one thing ... the right to conceal thier identity so that it is not know who they are and what they have said about who ... not wanting to face up to the fact ... that instead of sticking soley to facts they made a choice to call public officials and thier children/grandchildren vile disgusting names that have absolutely nothing to do with the politics of this city ... hmmmm ... but they should be protected under the 1st amendment ... I think not!
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I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.