Libel, Slander, Defamation Suit

Alleging e-defamation, ex-mayor sues blogsCourt quashed earlier action by ManalapanBYLINE: KELLY HEYBOER, STAR-LEDGER STAFFSECTION: NEW JERSEY; Pg. 23LENGTH: 514 words
Last year, Manalapan officials tried - and failed - to get a subpoena to find out the identity of "daTruthSquad," a blogger critical of the local government.
Now the town's former mayor is suing to learn the name of the mystery blogger and dozens of other people who have commented about him online.
George Spodak, a three-time Manalapan mayor, filed a libel lawsuit in Monmouth County Superior Court alleging that critics have been hiding behind screen names to call him a liar, a crook, a bum, a pedophile, an alcoholic, a wife beater - and worse.
The commenters used the names daTruthSquad, Fontina, Bribed Spodak, MyrGreenMeat and others in forums on nj.com, The Star-Ledger's website, according to the lawsuit.
"I'm going to find out who these very astute people are," said Spodak, 68. "They got the wrong tiger by the tail. They thought they could get away with it."
Although he has been out of office for 24 years, Spodak is still active in town politics and frequently speaks at township meetings.
Last fall, Manalapan attorneys subpoenaed Google, insisting that the internet company reveal the name and computer behind daTruthSquad's blogging account. A state Superior Court judge eventually quashed the subpoena, calling the request "an unjust infringement on the blogger's First Amendment rights."
Lawrence Kleiner, Spodak's attorney, said the new lawsuit has a better chance of succeeding because the former mayor has been out of office for more than two decades and is a private citizen, not a public official. The attorney is seeking subpoenas to require internet service providers to disclose the identities of up to 100 of the former mayor's anonymous critics.
"Anonymity is fine," Kleiner said. "But I don't think you can accuse someone of being a pedophile . . . and hide behind the Constitution."
The case has, once again, attracted the attention of national First Amendment groups. The Electronic Frontier Foundation, a California nonprofit group that helped defend daTruthSquad in the previous lawsuit, said it will continue to work to keep the blogger's identity secret.
"You have the constitutional right to speak anonymously," said Matt Zimmerman, an Electronic Frontier Foundation staff attorney. "You can't use the court as an investigatory tool simply to out critics."
Spodak, who is retired after 40 years in the meat business, said he does not know how to use a computer and only learned that people had been talking about him online through friends. He said he was shocked by what people had written about him, including fanciful allegations that he plotted to kill his wife, and that his meat business had been investigated by the FBI.
Spodak said he suspects the commenters are political enemies trying to keep him from criticizing the local government.
"They were abusing my First Amendment right. What they are trying to do is quiet me," Spodak said.
Meanwhile, daTruthSquad has been mum about the new lawsuit on his blog. In his latest post, he credited the earlier lawsuit with bringing worldwide attention to his site and dramatically increasing his readership.
A couple of questions are there any truth to time frame limits to going from public official to private citizen. I would think that once a public official; one is always a public official.

My next question is any thoughts on how libel law is going to change because of technology. The Internet has brought so many issues about libel. Such as disgruntled former and existing employees’ blogging about company policies or people within the company, or people saying horrible things about another person on social sites (some of the comments can harm future employment for people. I have seen this in the elections as well, with people posting some slanderous comments about the candidates. Do you think the laws need to be changed or have new definitions for what is libel and slander? I think the above story suggest a possible yes, but what are some of your thoughts.