LEGAL UPDATE: MOTION TO DISMISS SLAPP LAWSUIT
It has been 90 days since Blois Olson decided to a file a lawsuit against me over material posted on Minnesota Democrats Exposed.
While Blois Olson has claimed he filed this lawsuit to have a dialogue with me, no such dialog has occurred. Blois Olson has done nothing to resolve this lawsuit.
As I have said before, the lawsuit filed against me by Blois Olson was never about defamation, but about the right to blog anonymously.
Because Blois Olson has done nothing to resolve the lawsuit in over 90 days, I believe Blois Olson filed this lawsuit to intimidate and silence me.
This is called a SLAPP lawsuit.
SLAPP is an acronym for "Strategic Lawsuit Against Public Participation." SLAPPs are lawsuits aimed at silencing a plaintiff's opponents. The purpose of the SLAPP is not to win, but to intimidate the SLAPP defendant and to chill petition and/or free speech rights.
One court has explained the characteristics of SLAPP suits as follows: SLAPP suits are brought to obtain an economic advantage over the defendant, not to vindicate a legally cognizable right of the plaintiff. Indeed, one of the common characteristics of a SLAPP suit is its lack of merit. But lack of merit is not of concern to the plaintiff because the plaintiff does not expect to succeed in the lawsuit; only to tie up the defendants' resources for a sufficient length of time to accomplish plaintiff's underlying objective.
I believe Blois Olson's lawsuit is intended to stifle or inhibit the exercise of my right of free speech and participation in government and, accordingly, is prohibited by Minnesota Statutes, Chapter 554 (1994).
I have filed a motion to dismiss the lawsuit filed against me.
While Blois Olson has claimed he filed this lawsuit to have a dialogue with me, no such dialog has occurred. Blois Olson has done nothing to resolve this lawsuit.
As I have said before, the lawsuit filed against me by Blois Olson was never about defamation, but about the right to blog anonymously.
Because Blois Olson has done nothing to resolve the lawsuit in over 90 days, I believe Blois Olson filed this lawsuit to intimidate and silence me.
This is called a SLAPP lawsuit.
SLAPP is an acronym for "Strategic Lawsuit Against Public Participation." SLAPPs are lawsuits aimed at silencing a plaintiff's opponents. The purpose of the SLAPP is not to win, but to intimidate the SLAPP defendant and to chill petition and/or free speech rights.
One court has explained the characteristics of SLAPP suits as follows: SLAPP suits are brought to obtain an economic advantage over the defendant, not to vindicate a legally cognizable right of the plaintiff. Indeed, one of the common characteristics of a SLAPP suit is its lack of merit. But lack of merit is not of concern to the plaintiff because the plaintiff does not expect to succeed in the lawsuit; only to tie up the defendants' resources for a sufficient length of time to accomplish plaintiff's underlying objective.
I believe Blois Olson's lawsuit is intended to stifle or inhibit the exercise of my right of free speech and participation in government and, accordingly, is prohibited by Minnesota Statutes, Chapter 554 (1994).
I have filed a motion to dismiss the lawsuit filed against me.
Copies of all of the court documents are available for download on the right side of my blog.
1 Comments:
Good stuff.
If this motion does not succeed, enquiring minds will want to know whom Blois talked to between his initial e-mail and the filing of the lawsuit. First of all, he says that he doesn't know your identity. Later, you get served with a lawsuit at your personal residence. If we take Blois at his word, he must have communicated with someone who had an idea of your identity. One wonders whether the people with whom he communicated were involved in the other lawsuit against your domain company.
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