“Virginia Blogger Targeted With Outrageous Subpoena”

by Walter Olson on February 17, 2009

Sam Bayard at Citizen Media Law: “In perhaps the most blatant misuse of the subpoena power we’ve seen since the subpoena served on Kathleen Seidel of Neurodiversity last March, a lawyer for Thomas Garrett of Virginia has served a patently overbroad subpoena on blogger Waldo Jaquith, who publishes cvillenews.com, a community news blog about Charlottesville, Virginia.” Garrett is suing The Hook, a Charlottesville newspaper and associated website, for defamation, and Jaquith at his own publication covered that controversy in a blog post. Now, as part of his suit against The Hook, Garrett is demanding from Jaquith information to assist in identifying the many persons who commented on the post and even persons who merely viewed it.

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{ 4 comments }

1 David Townsend 02.17.09 at 5:15 am

I wonder if he is actually forum shopping, hoping to find evidence that the defamatory material was viewed in the UK (for instance) allowing him to try to use the British courts to enhance his chance of success and increase the costs for the defendant(s).

2 Scott Sigl 02.17.09 at 7:14 am

Motion to Quash Subpoena, anyone?

But, the thing that sucks is that if she’s not represented, she will have to go through the hassle of finding it; and all the financial responsibility that entails.

3 matt 02.17.09 at 4:59 pm

you all realize of course by watching coverage of the coverage of this we will all be subpoenaed too right

4 Scott Sigl 02.17.09 at 6:00 pm

Damn, didn’t think my cunning plan through.

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