Texas School District Sues Blogger Mom
As you may have noticed, one way to ruffle our feathers is to try and get down with that whole stifling free speech business. We're not big fans of censorship... in fact we can't think of too many people (outside of some fringe religious elements still fighting the culture wars) who are.
Unfortunately, attempting to quiet those whose speech offends you only often helps bring publicity and credibility to their cause, which is exactly what is happening with a certain case in Galveston, Texas.
The Galveston Independent School District (GISD) is attempting to sue Sandra Tetley, the mother of a student in the district, for defamation. Tetley runs the blog GISDWatch.com, which tracks and comments on the activities of the local school board.
The GISD is demanding that Tetley remove 16 postings from the blog, which the District's lawyers have identified as libelous. The postings in question throw around some hefty accusations, charging that Superintendent Lynne Cleveland, the board of trustees, and school administrators lied to the people of the Galveston. They are also being accused of falsifying budget numbers, using their positions for personal gain, and spying on employees, among other things.
Tetley has so far refused to take down any of the postings, citing her right to post her opinion.
In 2002, an appeals court ruled that school districts could not sue for defamation, so the GISD has had to change its strategy a bit. Instead of filing suit on behalf of the district, lawyers are suing on behalf of the individual members of the administration and board. The legal fees will still come out of the district's budget however, meaning the citizens of Galveston are now paying for several personal defamation suits.
We have a feeling this whole thing is going to come crashing down on their heads
From Slashdot and The Galveston County Daily News
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Reader Comments (Page 1 of 1)
Baner Horton said 8:57PM on 1-23-2008
I don't understand why public money is being allowed to used to support private lawsuits. Is it because the lawsuit is in the shchools best interest or just a loop hole?
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Steve said 1:47PM on 1-25-2008
You have to question several things here.
1. Did she actually name anyone by name whem making her comments?
2. When has any major corporation ever told the complete truth. That would truly be a new one!
3. Is this the first school system that has never falsified budget numbers? If they haven't they would be the first!
4. Does anyone really want to bet that somewhere in that system, that there isn't someone who is diverting or converting money or property for their personal use?
5. The lawsuit it's self is proof of number 4, in the fact that school system money is being used for personal use.
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Goddess Athena said 6:41PM on 11-07-2007
Depends on the numbers involved. If there are more than 10 members on the school board, they don't have a case. See http://www.lawschoolprimer for a discussion on libel and slander.
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JEmbs said 3:05AM on 11-08-2007
Sure funny you take a slap at Christian conservatives, but forget to mention that it was Michelle Malkin's youtube videos youtube censored, not anything from the left, which is pertinent to the topic. I guess you are just a liar.
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Bill said 3:27PM on 11-08-2007
Good grief JEmbs, way are you conservatives so paranoid. When it comes to censorship, the Right wins that distinction hands down. As to turning down anything Michele Maklin has to say, thats just good taste! Disallowing that hatemongering wench's vile comments is a public service. I don't care what side of the political fence she is on, just that she makes her living encouraging hatred.
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Bill Cherry said 6:52PM on 11-08-2007
I am a Galvestonian and attended and got my public school education there. I have written on Galveston history for fifteen years and my book, Bill Cherry's Galveston Memories has sold thousands.
I have never, ever heard anything more outrageous than that a public entity, supported by taxes, overseen by a publically elected body would even consider such a repugnant action.
The latest is that the school district is attempting to figure out how it can pay the legal fees of the individuals who have been criticized, as they file suit against Ms. Malkin.
So that means she either gives in to their demands, or she has to use her own money to defend a suit where the plaintiffs' legal fees are "free" to them.
Hopefully some constitutional lawyer will represent her pro bono and then we'll see how the cow eats the cabbage.
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Trogdor said 6:46PM on 11-08-2007
Hey Bill ... ever heard of Voltaire? Free speech? I guess not ...
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galveston public school grad said 8:20PM on 11-08-2007
she needs to run for the school board and not just run her mouth (or fingers). this chick is always pointing her finger at something, get active, work with the board, not just against it.
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dlc said 9:14PM on 11-08-2007
if GISD can't sue for defamation but it's board members can and the courts allow it - does that open up individual board members up for individual law suits? ... it seems to me the GISD board members should either learn to handle the heat (after all, by being elected, they chose to become "public figures") or resign ...
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dlc said 9:19PM on 11-08-2007
if the GISD can't sue for defemation but the individual board members can, does this open up the individual board members for individual law suits later? ... it would seem to me that the board needs to learn how to handle the heat (after all, they elected to become "public figures" when they ran for the office) or resign ...
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sharon said 4:57AM on 11-14-2007
whatever happen to sticks and stones can brake my bones but...words will NEVER HURT me>>? that was a cute little ditty that worked for years!my concern is>>
why isn't there outrage about schools giving out birth control to eleven year olds>?
"NO-ONE knows" what birth control can/might do to a young developing body...
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Aine said 6:53PM on 11-15-2007
JEmbs says:
Sure funny you take a slap at Christian conservatives, but forget to mention that it was Michelle Malkin's youtube videos youtube censored, not anything from the left, which is pertinent to the topic. I guess you are just a liar.
How is that REMOTELY pertinent to the topic?? If you want to include other bits of data to enlighten us with, maybe you should try Actually Explaining it?
Because ... okay, so youtube censored something - how does that have anything to do with a blog lawsuit? And... left vs. right? Did anyone even Go there aside from your own paranoia?
If we need more information, tell us. If not, Stop Whining.
"You don't agree with me!! You Must be a Liar!!"
Welcome back to the 4th grade.
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Ashley said 2:34PM on 11-27-2007
Let me just say, mother's have been spreading gossip about school boards and teachers and what not FOREVER. It's a well known fact that people screw up and when you do there's always someone lacking self-confidence who will use it to inflate their own ego. Realistically, if they didn't do these things, they should just prove it and be done with it. The dammage is now far, far worse by them making such a huge deal out of it. Welcome to AOL now most of the country had read what she had to say about you. If they just drop it maybe then there will still be a few people that don't know. They're spreading gossip about themselves now and whining about it. How many people actually read it or cared before this?
Point being, sometimes when we cry to everyone that someone said something bad it turns out we're the ones spreading it . . .
Grow up and prove they're wrong then let it go. Real adults don't run to "mommy" (the law in this case) and cry over someone's gossip.
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A B Yosarium III said 1:32PM on 1-01-2008
In Texas you can own a gun, but that does not give you the right to shoot someone anytime you feel like it. If common sense prevails, which is entirely up in the air, the courts will see that this woman certainly has a right to free speech, but she does not have the right to defame someone anytime she feels like it. Free speech does not give you the right to lie about someone. Civil Libertarians are the first to scream about individual rights, but they fail to recognize that this board is made up of INDIVIDUALS that may or may not have been defamed. Would you want someone to lie about you, individually, then say you cannot sue them because you own or manage a company. Certainly not. So many people are constantly yelling that this country is not what it used to be. They fail to see that it is the actions of groups such as the ACLU, Civil Libertarians, Communists and other lwft wing liberals that are changing this country for the worse. Common sense has gone out of the window. Like when they let a known murderer off just because he was not read his rights. Common sense would say you cannot use his comments against him, but instead they set him free; free from prosecution. I am not aware of the comments of this woman. Again, Common sense would say: if she told the truth she should be left alone because she has the right to free speech, especially concerning the actions of public officials. However, if she defamed the members of this board individually she deserves a good old fashioned ass whoopin'. Even communists and liberals don't want someone lying about them.
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A B Yosarium III said 1:46PM on 1-01-2008
Ashley, your comments are stated rather poorly, but I THINK I understand what you were trying to say. Yes, people do need to get a thicker hide and just realize it is oftentimes the petty and jealous that choose to gossip. I say let those gossipers lay in their misery. You are right again, I do not care what someone in New England or Calilfornia may think about me. I live in Texas. People in other parts of the country wouldn't know me from Adam. But everyone lives in their own locality. In this case it is Galveston. Certainly much smaller than some large city. The individuals attacked in this blog live in and walk the streets of Galveston and should not have to live with gossip being spread about them if it is not true. I say they have the right to sue and should!!!!!
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E wulf said 7:51PM on 1-01-2008
filling your pockets on public money is a texas trademark, happens all the time
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