Blogger Fined $60,000 for Telling the Truth

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John Hoff (via)
A Minneapolis blogger was ordered on Friday to pay $60,000 in damages to an ex-community leader who lost his job because of the blogger's reporting -- even though that reporting was accurate. John Hoff connected Jerry Moore, who was employed by the University of Minnesota to study mortgage foreclosures, to a mortgage fraud. Even though the accusations turned out to be true, the jury ruled against Hoff in a suit and awarded Moore $35,000 in lost wages and $25,000 for emotional distress.

It was a bad day for the First Amendment.

Moore couldn't sue for libel because in order to win a libel suit, you have to prove falsity. Even so, the jury still thought Hoff's posts were damaging enough to merit legal redress. For two years now, Moore and Hoff have been engaged in a legal battle, which has now culminated in the First Amendment being kicked in the shins. It's supposed to protect free expression; this was a case of free expression that was not libelous, being truthful; ergo, I'm afraid to write anything now.

In other words, if the Westboro Baptist Church can legally show up to a soldier's funeral bearing "God Hates Fags" signs, you'd think a blogger could tell the truth without fear of retribution.

[via]

[rgray@villagevoice.com] [@_rosiegray]

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19 comments
blumuze
blumuze

The "law" in civil court is the decision of the jury. Which can be justice or a deadly weapon.

Candace
Candace

It is ridiculous that someone is being punished for telling the truth , within this society its an accomplishment to be truthful(given all the information posted was in fact truthful). Also if the information posted was bad enough to get this man fired why should the blogger have to pay him any amount of lost wages when it was his own actions that lost him said wages? Doesn't exactly make sense.

www.creditresolution.com

mommadillo
mommadillo

It's not a fine. A judgment was entered against him. There's a huge difference between a fine and a judgment.

Sheila
Sheila

I agree that this is a pretty egregious injustice, but I feel compelled to point out that his first amendment rights have not been trampled. Congress hasn't passed any laws banning free speech. The first amendment doesn't address civil penalties.

JohnnyNorthsidedotcom
JohnnyNorthsidedotcom

There is a PayPal button on my blog, www.johnnynorthside.com

If, you know, anybody wants to make sure there still is freedom on the blogosphere after this case is over. Also, the crowed of supporters at my half-a-victory champagne party last night apparently don't think I'm a douche bag or--if they do--they apparently think I have other favorable traits that outweigh it.

garcia
garcia

Get real, FOX sued for the right to lie in their broadcasts and won...they have been lying ever since...its why they are not allowed to open a franchise in Canada...some countries still have a sense of decency.

This should be overturned on appeal.

Scotthunsinger
Scotthunsinger

This is a complete disgrace. First of all the Westboro Baptist church was clearly overstepping it's legal bounds.

The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.

I'd like to know what happened to the family's right to "peaceably assemble"??? As this guy in the above article, his blog is no different than a newspaper as another commentator had said. This newspapers, magazines, and OH LET"S NOT FORGET THE TABLOIDS!! If they can print facts stating legal wrongdoings I fail to see why a blogger can be sued for the same. The tabloids... heh if he can be sued then the tabloids need to be hit for about gazillion dollars I'd wager.

You know what this reminds me of though. Don't tattle. That's basically what they nailed this blogger for which is total crap. Rather than promote doing the right thing, we punish people for it and that mental conditioning starts at the most basic levels. The fact that we have to fight that conditioning at the legal level is quite scary!!

Vjhunny
Vjhunny

If the media can report lies and falsehoods, then a blogger certainly shouldn't be sued for his blog! This is bs and this had to be a jury of morons.

Kenan Turnbull
Kenan Turnbull

THATS CRAZY. Whats wrong with this country? Civil shmivil. Facts is facts. People report the facts everyday as witnesses in court, should th criminals sue them even tho they r telling th truth?

JL27
JL27

This was truly an asinine decision, but it has nothing to do with the First Amendment. This was a civil case. The First Amendment is about the government infringing on free speech.

James Norris
James Norris

The government is punishing someone for engaging in constitutionally protected speech. How does that not violate the First Amendment?

Victor Lopez
Victor Lopez

if we don't stand up for our first amendment rights, we are going to lose them.

JonnyForever
JonnyForever

that is absolutely insane! that is truly scary that you can be sued (and lose) for telling the truth on your blog... I just can't even wrap my head around this. Something is seriously wrong with this country and maybe it all goes back to poor education... Just some stupid ass jurors must have been on this one.

Jordan Hawkman
Jordan Hawkman

CORRECTION : The jury did not find that the blogger told the truth on all of his blogging.

We tried to post a link to the special verdict form but it was not approved on this site.

Tdog
Tdog

The problem with this particular blogger is that he is almost universally perceived as a huge douchebag. I think the jury just didn't like him and wanted to punish him. The verdict might get overturned, but the message of the jury is clear.

JonnyForever
JonnyForever

being a douchebag is not illegal. if the "god hates fags" people are far beyond douchebag and the Supreme Court ruled in their favor.

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