| Author | Message | ||
     mem Citizen Username: Mem Post Number: 4701 Registered: 5-2001  |
Dave, Those poor teachers are probably scared to death...what an awful environment for them. | ||
| Albatross Citizen Username: Albatross Post Number: 537 Registered: 9-2004  |
I disagree that protesting in front of these people's houses is a good thing. An expression of public opinion is one thing; that's what we're doing here. Certainly they are aware of it. But what is suggested is essentially peer pressure. I say this also because, IMHO, some of the charges leveled against school officials may be valid. Regardless of the frivolity (is that a word?) of charges against MOL and the Ross brothers, parts of the suit may not be so frivolous. Let's handle it in the courts. The law is clear, and I like to think that most judges have a good grasp of reality. | ||
| D. Moderator Username: Dave Post Number: 5423 Registered: 4-1998  |
I agree. In fact, I have gone out of my way not to mention the plaintiffs by name or publish the pages in the complaint that have their addresses. | ||
| Southorangemom Citizen Username: Southorangemom Post Number: 174 Registered: 6-2003 |
Dave, You are a very wise person. The atmosphere at CHS, I am told, does not encourage dissent or even conversations that will lead to examination of the current problems. Freedom of expression in our academic institutions is both a civic right and responsibility. Sadly, not everyone understands that constructive criticism can lead to gowth and positive change. SouthOrangeMom | ||
| themp Supporter Username: Themp Post Number: 1541 Registered: 12-2001 |
"The readers of Maplewood Online had no authority to receive this confidential information or to further publish and disseminate same," I think that is the weak link in this lawsuit (not that I know anything), the presumption that those "receiving" information need authority to do so. If it is included in a letter sent home, it isn't really confidential, either. Whether or not the principal defamed anyone, I can't see how MOL could lose this case. BTW- Frivolous lawsuits are a specific thing, not just any lawsuit someone doesn't like. They are thrown out. "A lawsuit is termed frivolous if it is brought in spite of the fact that both the attorney and plaintiff knew that it had no merit and it did not argue for a reasonable extension or reinterpretation of the law. Since it wastes the court's and the other people's time, resources and legal fees, it may result in sanctions. The most severe sanction is the involuntary dismissal, with prejudice, of the complaining party's cause of action, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an appeal or trial de novo may be allowed because of reversible error." I think this will get thrown out. | ||
| D. Moderator Username: Dave Post Number: 5426 Registered: 4-1998 |
Did you check to see if you had a right to post that?  Readers: please ignore themp's post if you didn't have a right to read it. Better yet, please unread it immediately. | ||
| Tom Reingold Supporter Username: Noglider Post Number: 5683 Registered: 1-2003  |
I don't know what I'm allowed to read. Can someone help me? | ||
| D. Moderator Username: Dave Post Number: 5427 Registered: 4-1998 |
In the future, only lawyers will be able to run online message boards. | ||
| Brett Weir Citizen Username: Brett_weir Post Number: 566 Registered: 4-2004 |
And we know what Shakespeare said about lawyers. | ||
| musicme Citizen Username: Musicme Post Number: 978 Registered: 5-2001  |
Oh agent of mole, when you get your day in court, can you sing a xmas carol? Maybe we can wrap two birds and one stone and drop 'em both in the river. | ||
| D. Moderator Username: Dave Post Number: 5429 Registered: 4-1998 |
Regarding point 178 below, exactly what form would such notification take under the "NJ Tort Claims Act relative to the illegal dissemination and publication of their confidential education records?" Would it be a phone call? A letter? An email? We received nada, zip, zilcho prior to last Wednesday's surprise packet.  Have a merry, merry Christmas!… | ||
| Nohero Citizen Username: Nohero Post Number: 4382 Registered: 10-1999  |
The filings under the N.J. Tort Claims Act are made in order to preserve a right to file against a governmental entity. Under that law, the government "waives" its sovereign immunity. However, in order to sue a governmental entity, a notice has to be filed within 90 days (I think). The actual complaint can be filed later. While MOL is an extremely useful, if not essential, public resource, which nobody in their right minds would threaten or try to shut down, there is not a similar notice requirement. | ||
| D. Moderator Username: Dave Post Number: 5430 Registered: 4-1998 |
What the heck is up with the law here? It's totally screwy. Plaintiffs can literally hide a request for removal of alleged defamatory material from us because we're not a public entity (despite being named as an actual agent of township in another count) and then maintain a claim that we did not remove the same material when asked? wow. absolutely mind-boggling. | ||
| Joan Supporter Username: Joancrystal Post Number: 5069 Registered: 5-2001 |
In order to remove material when asked, one has to be asked to remove the material. If no such request was received (or would they argue the post office wasn't authorized to deliver that particular letter?), then there was nothing to comply with. Right? | ||
| Chris Prenovost Citizen Username: Chris_prenovost Post Number: 365 Registered: 7-2003 |
We seem to be losing our common sense. These 'students' assault a security officer, then turn around and sue everyone in sight?? And some people on MOL actually defend their right to do so? Here is a radical idea: How about a little less tolerance of those who disrupt our academic environment? How about a little more respect for the education system? How about a little less 'tolerance' for those who abuse the legal system for purely shameful purposes? How about the idea that there are such things as right and wrong, and that not everything is in shades of grey? | ||
| Albatross Citizen Username: Albatross Post Number: 542 Registered: 9-2004 |
Chris - if you'll read what I wrote, I did not defend their right to assault a security officer, nor their right to sue everyone in sight. What I said was that some parts of the suit they filed may be valid. Allow me to clarify: while their conduct was completely inappropriate, the conduct of school officials may also have been. | ||
| LibraryLady(ncjanow) Supporter Username: Librarylady Post Number: 2253 Registered: 5-2001  |
And it too almost two years for them to decide that the school officials(and everyone one else they decided to throw into the suit)behavior was inappropriate? Come on, there is another agenda here. Mrs. Pollack comes up for tenure right now . Is there a connection? | ||
| Albatross Citizen Username: Albatross Post Number: 543 Registered: 9-2004 |
I'm not arguing their case. I'm recognizing that there may be some merit to an admittedly small portion of the suit. I have no idea why they acted as they did WRT timing. | ||
| Tom Reingold Supporter Username: Noglider Post Number: 5698 Registered: 1-2003 |
Joan, what you say makes sense, but consider that the plaintiffs think it's reasonable to argue about who has authority to receive information. People who think that makes sense might also think that you must comply with a request, even if you don't receive it. Reminds me of the notice they hung up in an obscure basement, notifying the human race that the earth was being destroyed to make way for an intergalactic highway. This was in "hitchhikers guide to the galaxy". It was the people's responsibility to know the law, whether it was accessible or not. | ||
| D. Moderator Username: Dave Post Number: 5431 Registered: 4-1998 |
At the core of this whole thing is the question: how is a small message board operator to know that an official letter from a local public employee contains defamatory material if no one tells him? Absurd. A lawyer would have to run every message board. And yet ISPs are not considered publishers in federal law, so I can't figure out the legal cause for this case. If this can go to trial it will have a chilling effect on free speech and direct democracy throughout the internet. I've contacted the following organizations: ACLU Electronic Frontier Foundation Public Citizen SOMEA: Hello, are you in touch with Mr. Dennis on our behalf????????????????????????????????????????????????????????????????????????? |
