The war of words has been going on since the beginning of time, but it seams that in today's world one must be cautious as to not say anything that could possibly hurt someones feelings.
More and more bloggers are being sued and/or arrested for a picture, a sound bite, or simple words, the strange thing is most of the time the offending substance comes from anonymous comments and are not the opinions of the blogger themselves.
As far as I know no one has won one of these lawsuits yet except the
blogger that was arrested in Jade county Virginia on frivolous charges and they copped a plea.
Some people just need to grow thicker skin.
Below is today's article on
DelMarVaNow.com
A local business owner who filed criminal charges and a civil lawsuit against a controversial Salisbury news blogger could have a lengthy and expensive court battle ahead of him, according to a blog pundit.
John Robinson, the 39-year-old owner of Robinson's Jewelry and Clock Store, filed criminal charges and a civil lawsuit against Joe Albero, a 47-year-old Delaware resident, this month in the District Court of Maryland for Wicomico County.
Albero declined to comment on the allegations, stating he just received court documents related to the criminal charges.
If Albero opts for a criminal jury trial, the criminal case could go to Circuit Court.
The majority of defamation cases never see the inside of a courtroom, said Robert Cox, president of the Media Bloggers Association. They are either dropped or settled out of court.
These types of cases can also cost up to $50,000, he added.
Robinson filed criminal charges on Tuesday alleging that Albero has harassed and published defamatory comments about Robinson and his family for more than two years, according to court documents.
The business owner on Nov. 11 also filed civil lawsuits against Albero and two other alleged contributors on Albero's blog.
Each civil complaint asks for $24,000 in damages, according to court records.
The alleged blog posts include unsubstantiated allegations that called Robinson a drug abuser, a child molester and suggested that his daughter was fathered by another man, according to court records.
"If those things are not true, you at least have a foot in the door for a defamation case," said Cox.
The Media Bloggers Association is a nonprofit organization founded by "leading bloggers" in 2004 whose mission includes defending the rights of bloggers and citizen journalists, according to information on the association's Web site.
However, more than just hurt feelings are needed to prove a case, Cox said. Robinson would have to prove that he lost money as a result of the alleged posts.
"It's like punching Jell-O," said Robert Cox. "There's very little you can do."
Robinson also alleges Albero followed his family around and took pictures of them at a local mall, the playground and other places, according to court records.
Cox said because these are public places, it is less likely that Albero's alleged actions could be considered harassment by a judge or jury. The scenario sounded more like an invasion of privacy which would also be difficult to prove if the photos were taken in public places.
Also adding to the challenge of such cases is that the plaintiff has to prove the defendant has malicious intent when the posts were made, Cox said.
