darvijen
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my C&D letter has gotten some press...
Officials Threaten to Sue Bloggers
By: Jim Dangleish
BERRIEN SPRINGS -- Three Berrien Springs officials are threatening to sue three of their critics for what their lawyer calls "false and misleading stories."
Washington, D.C.,-based lawyer Jeffrey Molinoff sent "cease and desist" letters to Bonii Dyjasek, Robert Bruce and Jennifer Gardner. The latter two produce Weblogs, or blogs, focusing on Berrien Springs-Oronoko Township politics.
They received the letters Wednesday, written on behalf of Village President Jan Chaudoir, police Chief James Kesterke and police Patrolman Shane Daniel.
"(We) believe that you are attempting to discredit these individuals personally and in their professional capacities by publishing false and misleading stories and statements," the letters said.
The letters accuse the recipients of making false allegations at meetings and writing defamatory letters to newspaper editors.
Asked for specifics in a phone interview, Molinoff said Wednesday he would review the binders of evidence and comment next week when he returned from a business trip to Detroit. He works in the Washington office of Michigan based firm ****inson Wright.
The letters call the various statements "actionable defamation" and "tortious interference" with the clients' existing and prospective employment.
Bruce is a longtime critic of Chaudoir and Kesterke, chief of the Berrien Springs-Oronoko Township Police Department. Bruce produces the blog Berrien Springs Underground Reader.
Dyjasek last fall accused the chief of covering up for Daniel, who had left the jurisdiction while on duty Sept. 1 to practice archery at a friend's house.
Gardner produces a satirical blog called Broken Springs that pokes fun at Berrien Springs and Oronoko Township officials. All three targets of Molinoff's letter live in the township.
Bruce said Wednesday the letter won't change how he operates.
"Show me where anything I've written is false and misleading... I would remove it," he said. "I welcome the scrutiny."
He said Molinoff's letter is a "pathetic attempt to intimidate three citizens" and indicates the political tide is turning against Chaudoir and Kesterke.
"I think (the letters) suggest a shift in strategy from ignoring these writings to realizing we are having a tremendous impact on this community," Bruce said in the phone interview.
Molinoff said the letter is not mean to intimidate.
"Hopefully, this is something that will start a dialogue. ... That's my favorite way to make the law work," he said.
Gardner said she would not comment on Molinoff's letter. She said her lawyer is drafting a response.
The site begins with a disclaimer stating the "contents are fiction and intended for mature audiences."
The characters' names are thinly veiled references to officials. The village president is Jan Chadwick, the township supervisor is Ernie Hildecrust (Ernie Hildebrand), the police chief is Jim Kingston, and Daniel Shame is a police officer.
The stories are inspired by news reports and government meeting discussions. But the writers appear to take some license in reference to Kingston downloading pornography on his office computer and subscribing to Hustler magazine.
Dyjasek and Kesterke could not be reached Wednesday for comment. Chaudoir did not return a message left on her answering machine.
Kesterke has faced critics within and outside his department for at least 12 years.
In recent years, critics have focused on his mishandling of $1,700 donated to the department to buy Taser stun guns, which the joint police commission decided not to buy. Critics have questioned Kesterke's handling of money given to his Operation Christmas Care charity.
Chaudoir has been a firm Kesterke supporter, though she voted with other police commissioners this year to suspend Kesterke for a week without pay because of the Taser money incident.
Dyjasek had accused Daniel of being outside the jurisdiction for 2 1/2 hours, but records and squad car videotape showed he was gone for 44 minutes. Kesterke said Daniel was verbally reprimanded for leaving his post.
Edited to include the name of the paper, duh...
The Herald Palladium
Last edited by darvijen, 3/23/2006, 12:40 pm
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3/23/2006, 12:35 pm
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darvijen
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Re: my C&D letter has gotten some press...
And today an editorial from the same paper...
Legal threat in Berrien springs smacks of government intimidation
When people sign up for public service, they should do so with the clear understanding that their words and actions will be scrutinized and very likely criticized. That's just part of the deal.
However, unless we are not aware of some egregious and purposeful acts of defamation, three Berrien Springs-area public officials appear to have missed that part of civics class.
Village President Jan Chaudoir, Berrien springs-Oronoko township Police chief Jim Kesterke and police Patrolman Shane Daniel--frequent targets of condemnation by vocal critics--have taken the highly unusual step of hiring a lawyer to send letters telling a trio of critics to "cease and desist" publishing "false and misleading stories and statements."
The lawyer in his letter threatened Robert Bruce, Bonii Dyjasek and Jennifer Gardner with legal action unless they back off. (Bruce and Gardner operate online Weblogs that frequently take aim at Kesterke and his supporters in township and village government.)
The threat, however, is vague. When interviewed by a Herald-Palladium editor, attorney Jeffrey Molinoff would not cite any example of "false and misleading" statements made by any of the three who stand accused.
Until substantive examples are provided, this action looks like nothing more than an aggressive attempt by these public officials to silence critics because they are tired of taking heat.
Of course, there is always the possibility that one or all of the critics in question crossed the line somewhere and did actually defame (in the legal sense) one or all of the public officials in question. But if they have, we haven't seen it. We challenge Kesterke, chaudoir or Daniel to be more specific in exactly what statements have been made against them that represent "actionable defamation" or "tortious interference."
Granted, a lot of the things being said by Bruce, Dyjasek and Gardner are anything but elegant, as the drawn-out and public fighting over Chief Kesterke's missteps often has gotten ugly. Gardner's blog in particular contains some sophomoric content that many would find offensive, and in no way are we endorsing the material, or the opinions held by the three.
However, there is an important point to made here about our nation's long-held core understanding that its citizens should be free to speak and/or write their minds, particularly with regard to political issues. As such, it is imperative to keep in mind that in this case, the trio of public officials would have to meet the highest legal standard to establish injury by defamation. Not only would information have to be false to be defamatory, but the plaintiffs would have to show that authors of the information knew it to be false. Satire and hyperbole, a frequent device of the critics in question here, enjoy particularly wide latitude when used by those commenting on public affairs..
There is a reason that our Founding Founders saw fit to make free speech such a bedrock principle of the Constitution. There is a reason courts have so rigorously upheld First Amendment speech rights. To do any less invites disgusting suppression of speech and dissent through government-sanctioned intimidation.
Is this what is going on in Berrien Springs? We've seen nothing yet to rule it out.
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3/24/2006, 12:13 pm
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thereal god
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Re: my C&D letter has gotten some press...
Darvijen,
You definitely win the award for Best Reality Satire Writer's True Life Stories! No kidding.
The heat is always on when you write, and as well in the resulting response from your local digs. Man.
So without further ado, on behalf of Aaron Spelling, I present you with a much deserved Satire Writer's Reality Award
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what's usually missing here is a sense of youmah
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3/24/2006, 12:54 pm
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darvijen
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Re: my C&D letter has gotten some press...
quote:
thereal god wrote:
So without further ado, on behalf of Aaron Spelling, I present you with a much deserved Satire Writer's Reality Award
Woo hoo!
I'd like to thank the Academy...
err, wrong speech.
Do you think it's because I always write about sex and politics? Or possibly sex IN politics?
Which is more offensive?
And as for that sophomore comment in that editorial... I've been writing satire for 8 years. I think I'm at least a junior by now. Thoughts?
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3/25/2006, 3:34 am
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produce
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Re: my C&D letter has gotten some press...
Did you tell Washington, D.C.,-based lawyer Jeffrey Molinoff to head to blazes darvijen?
What kind of town are you living in, Berrien?
Hang in there. If they haul you off to the Berrien Springs JAIL
(across the street from the Berrien Springs "Stop n Mop")
we're all behind you and will bust you out at sunrise just like on Gunsmoke.
Those of us that are left will which is me, god and the new guys. Maybe Mz Banks will help too if she checks her inbox in time before the jail break.
I'm sure you've contacted the ACLU. Unbelieveable. Here in Austin we can do the same thing you're doing to Berrien to the governor of TEXAS and dare him to raise a brow about it.
Austin's kind of lib even though your prez is .. not
Last edited by produce, 3/25/2006, 6:44 pm
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3/25/2006, 6:34 pm
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Jackie Decker
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Re: my C&D letter has gotten some press...
In case no one noticed, the all important dennis (chester) weaver is missing!
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4/28/2006, 4:45 pm
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produce
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Re: my C&D letter has gotten some press...
quote:
Jackie Decker wrote:
In case no one noticed, the all important dennis (chester) weaver is missing!
Chester. RIngs a distant bell. I think Festus assumed the 2 bit boot-licking hillbilly sidekick deputy's role Chester used to play. Unfortunately I think the whole cast is dead. Even Marshal Dillon. "Smoke" still comes on here on that old time channel, tv land. Right after good times where Young Janet Jackson removes NO under or outer garments. Her being 11 at the time of the filming.
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5/1/2006, 2:21 pm
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darvijen
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Re: my C&D letter has gotten some press...
No jailbreak scheme necessary, as it turns out. But thanks anyway.
Empty threat, looks like.
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5/2/2006, 9:47 pm
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