45 thoughts on “Yup (Part 5): For James of Wesson”

  1. ” Podnuh, you just ain’t a woofin'” – a Dizzy Deanism

    Gonna look good in yo’ Handshoe “brief”- I gaurunteed it!

  2. How likely are you to prevail in gaining access to an IP address? Seems to me this is a very hard thing to get a court to agree to If it were easy many would want to find out unless your the government. They do it every day.

    1. I think I have established a prima facie defamation case in my pleading. The date they misstated was purposeful as the info could only have been obtained from one place and that one place has the correct date. Then again Randall Cajun is all about “Real Malice” whose legal definition is “reckless disregard for the truth”.

      Are you saying someone has the right to anonymously defame someone with impunity? Or are you under the illusion someone can’t easily obtain your IP address?

      The Louisiana wing of the Slabbed Nation has been to battle. I worry for some of my DMR peeps because I sense na

      1. I am saying that as long as you are posting basic facts or repeating what is public knowledge already in print somewhere else you have no fear even if someone knew you as the source or owner of a certain IP. I guess the point to be made is the burden to prove a reckless disregard for the truth has to be almost a certain before a court would rule to expose an IP owner? I have read many cases and this varies from court to court needless to say. Nothing I have said relates to your case. I support your effort 100%.I have read the DMR stuff and wonder who is even in a position to dispute 99% of it.

        1. “as long as you are posting basic facts or repeating what is public knowledge already in print somewhere else you have no fear even if someone knew you as the source or owner of a certain IP”

          Sadly that is not true but such will help you prevail against a determined SLAPP suit filer. Going to court, even to defend frivolous suits, is not for the faint of heart or the resourceless.

          Filing this suit was not an easy decision. Unrelated to that but equally important is conventional wisdom holds the more conservative the courtroom, the less the likelihood a defamation suit ever makes it to a verdict. All I’m asking for is the opportunity to try and that is a different legal bar as I understand it.

          This sort of stuff happens far more frequently than you’d think, especially with the growth of the internet as a means of mass communications. Randall Cajun has the absolute right to an attorney and I made sure the people I think are behind it were properly noticed, unlike what they did to Slabbed in Canada.

          I hope to have a hearing date set soon.

          1. Good luck. But as I understand it the IP address is actually owned by the Internet Provider. To find out who is Randall Cajun will not be accomplish by getting an IP address, it must go further. What if Cajun is using the International Hotel location as an example? This is an emerging area of law and disorder for sure. I am just trying to understand how it works.

      2. Holy Rajun’ Ran-all Cajun, Batman,

        Randall Cajun could have called yo’ mama a hoe’ bitch like Larry Flynnt did Rev. Farwell’s dear mother in print and would have had no worry if only he would have made a P A R O D Y.

        Unfortunately, for Ran-all he ran his viper venomous slappin’ lips without pause for thought, as there was no discernible parodic suggestion, connotation or intent in any of his homogeneous malicious comments resulting in a fatal Southern SLAPPIN’ wit’ his own libelous lips.

        Could be spoofed on TV as The Way to Die #666- A Lip SLAPPIN” Suicide

      3. I sometimes very thoroughly enjoy the slabbed articles and comments but I very much agree with Doug that some of the “DMR peeps” appear to be very naive as to legal implications and risks associated with posting/blogging on the internet. To be very certain, blogger identities are potentially identifiable through legal action. And it would be very naive (and risky) to believe that well-funded corporate entities do not have the ability and wherewithal to pursue litigation to expose blogger identities. I know for an absolute fact that the Sun Herald has, in the past year, been forced through subpoena action to relinquish at least one blogger identity. Although I have found quite a few of the blogs on this site (and also in the Sun Herald) interesting and sometimes humorous, I am amazed at the “thin ice” that some of these bloggers are often skating on. A well-heeled corporation can easily spend tens-of-thousands of dollars in legal fees pursuing blogger identities and at the end of the day they may never obtain the identity. But in the process they can place the blogger in a position of having to hire legal counsel and also spend large sums of money fighting the subpoenas. My slabbed friends please keep up the comments! I find many of these comments to be exquisite literary delights. But be smart when posting what you may consider “facts”. And do not underestimate corporate America.

        1. What does Corporate America have to do with people on Slabbed commenting on the wrong doing that we all think has gone on at the DMR. Almost all of the comments I recall are directed at employees such as Bill Walker. I do not recall any corporations off the top of my head that have been featured. This sounds more like a warning from a corporate attorney representing an involved party that has some fear of being exposed for involvement with the likes of Bill Walker. Corporations are very sensitive to the bottom line. Pursuing an individual for stating some corporations involvement at the DMR when in fact it is nothing more than the truth will get them nothing. A warning to individuals that Corporate America is coming after you will stop no one from exercising the right to comment. With all due respect Lawdog the people who comment on Slabbed or other sites for that matter have no fear of Corporate America and might be one of the best ways to expose a connected business/corporation that is taking advantage of the taxpayer’s money. I think we all know it has gone on at the DMR. When indictments come down the ultimate comments will have been made by the USDOJ. Sounds to me like someone out there in Corporate America is a little worried. Me, I AM MAD AS HELL about all of what has happened with the taxpayers money.

          1. No fear and Slabbed are hand in hand. I keep an eye out for my peeps but know if I get a subpoena I am duty bound to comply. In a criminal matter the protections lessen greatly.

            Lawdog = wisdom

            Stay tuned because there is still door #3. 😉

          2. If I were Corporate America or who ever they are I would have a whole lot more fear of being featured in the Sunherald like in the recent op/ed by Newsom about current goings on at the DMR. What a commenter says in response to an article like that or the article itself could very well cause an investigation into possible wrong doing. This is what they fear not the individual in the International Hotel lobby. The only entities I can find mentioned in relation to the DMR are Maxwell-Walker,USES,Frontier,Frontier Gulf Coast.I am sure there are more. This was just a quick search. In this high tech day and time you can run(or sue) but you cannot hide from the truth(or commenters) What goes on between Corporate America and these state agencies is the peoples business even though they do not want it to be. I do agree that Lawdog = wisdom =suppression. If indeed like the entities mentioned, they are doing business with the DMR they will be discussed I “gauruntee dat”.

          3. Whoa, didn’t mean to stir up such an emotional reply Mad. And I certainly not mean to come across as attempting to suppress comments. What I am attempting to do is emphasize Doug’s comments and positions on the sometimes naivety of bloggers. But you do bring up some excellent points Mad. My reference to “corporate America” was not meant to include just DMR posters but rather any blogger that makes claims against corporations. All I am saying is that many of these corporate entities have vast amounts of money to go on the attack with and quite often they do just that. They very certainly can cost a blogger a large amount of money in fending off subpoenas. It is not the burden of the host site (Slabbed, Times Picayune, Sun Herald) to defend against subpoenas. This burden will almost aways be borne by the blogger. And the same goes for internet service providers (Google, Yahoo, etc). When these entities are served with a subpoena they are legally obligated to release the information being demanded (not requested). Typically these entities will notify the blogger that they have XX number of days to file an appeal with the relevant court. And if the blogger does not file this appeal then the information is then released. So it becomes the bloggers financial responsibility to fend off these subpoenas. My point is that “corporate America” often times has vast amounts of money to work through layers of appeals and legal actions. And the blogger is then forced to fight tit-for-tat with corporations. The legal costs can become staggering to an individual while remaining almost irrelevant to a corporation. So all I am saying is just be careful and understand the risks. I very much enjoy the comments on this site and the sometimes controversial dialogue. No one, including Doug, is attempting to suppress that dialogue. But just be aware that once you hit the “Send” or “Post” button anything you say may be discoverable. My reference to “DMR peeps” was not really even about a corporation but more toward a single comment made about Jamie Miller that was very personal in nature and very potentially subjected the blogger to substantial legal risks. So I apologize if I came across the wrong way. I think both Doug and I are simply trying to make everyone aware that there can be legal risks associated with posting and that the costs of these risks fall with the blogger and not the web site or internet provider. PLEASE keep up the posting and continue to be “MAD AS HELL” with taxpayer money being wasted or abused. I am in full agreement with you and encourage you and every other blogger to continue to dig and post you findings. Just be smart about it and be aware of potential consequences. I’m with you and the rest of the Slabbed nation bloggers! Please keep up the great work!

          4. Lawdog I agree with what you are saying based on your clarifications. I remember the Jamie Miller comment and thought it was over the top. I also remember Doug’s warning to the person posting this comment. But if this allegation was the reason Miller left his position in Pascagoula the person posting the info has no legal liability. Any time anything is posted, truth or lie, somebody is upset. As you state being cautious is the proper path to take. My involvement in posting anything anywhere is limited to known or suspected crooks stealing the hard earned money I, as a taxpayer, am forced to pay in. The local, state and federal treasures are under constant assault by the connected few on every level. Slabbed is one of the few places we the people can vent and share information. Thanks again for your very good posts this morning. I am now going to the DMR building and stake out the parking lot to see who is coming in the back door. I have the 11-5 shift today.

          5. Mad as Hell,
            Now all they have to do is wear a wig, a fake beard and walk through the front door. You will never catch em’.
            :)

          6. It wasn’t a company that made the mistake of coming after Slabbed. One of ’em was still messing with SNM despite facing a 46 month prison sentence in fact.

            I seem to recall some comments here linking the pic of 3 generations of Walker boys being shown off at the S-H in honor of Fathers day. Ballsy for certain given the circumstances.

            No doubt in my mind that if they thought they had a clean shot they would take it. And at a certain point they’ll have nothing to lose by doing so. The trick is to not give ’em a clean shot.

            Alan Lange at Yall politics has been tied up with Hal Neilson’s meritless defamation suit for well over 2 years.

            Lawdog certainly knows all this and more.

            The topic of taking care is a good discussion to have on this thread. One thing is for certain MaH, you’ve come to the right spot to vent and yes, the truth is an absolute defense.

            If you got hot info want to make like Wiki leaks:

            1. Anonmize and post from public wifi spots
            2. Use encrypted email.
            3. Encrypt the hard drive of your computer.
            4. Be watchful of security cameras.

            Even then the FBI could still probably figure it out.

            I’ve heard stories from my fellow NOLA area bloggers of break ins and hard drive thefts along with hacking, especially wireless access points. Some of these stories date back as far as 2010.

            This is why I worry about the newbies in particular because coming in to something like Slabbed most people have no clue as to the stakes.

            That’s alright though because we have grizzled old vets like Kidd hanging close by. Remember the movie Platoon at the beginning, when Charlie Sheen was offloading in the ‘nam and the combat vets called the newbies things like “cheesedick”. It was really a term of endearment the newbies just didn’t know it. 😉

            At this point I need Ignatius to chip in something snarky but he may be traveling again.

          7. This is sort of like getting your CE hours for blogging. There are many ways to evade detection, most you have named. You can sit in any Lowes or Walmart parking lot and use WiFi.That is an easy one. The public library and many other public buildings also have free WiFi. And then there are the upscale locations like the International Hotel who even provide the hardware.The possibilities are endless. And even if some crook with their feelings hurt gets a court order, which is very difficult, that does not mean he can locate you necessarily, because the IP address is owned by the provider and covers a general area not your exact blogging location. They would be able to determine the city or in a larger city a section of the city. This does not apply to the FBI,NSA or other government agencies. They already know who and where you are and what you said.The Walkers would not dare pursue anyone. If they were unlucky enough to seize upon myself I would love it because it would allow me to invest my money in taking each Walker’s deposition. You can ask them anything in this format and compel an answer. In fact,I am calling them out right here right now to come and get me. I further make the following slanderous statement about Scott Walker.He is a wreckless driving, low flying, phone clubbing, closet Democrat bobblehead who is suffering from electile disfunction. I will be waiting with my illegal counsel. I am MAD AS HELL and impossible to find in the Lowes parking lot!!!!

          8. Mad As Hell is a hardcore. Word of Wisdom: If you own the electronic device you make comments on then you can be traced. Regardless of what Wi-Fi or secret connection you use. Every computer or personal electronic device can be monitored at any time. If you want to protect your butt then borrow your co-workers or friends :) Just kidding.

          9. Eye Spy that would only apply if they follow the path of IP address first which has a legal hurdle.Nobody is giving up any info without being forced to. I personally wish them luck because they will have to spend a substantial amount of money to ever get to third base which never guarantees a score. Someone would have to do something pretty damn bad before these fools come looking for you on the internet.

  3. B-B -you seem to either dissuade Doug, or befuddle the slabbed nation: your isuue remains the same as your arguements morph. Either/or is a lost cause; you waste time and interest.

    1. Not exactly Kidd. You’ve been through it and there is a level of complexity present that Biloxi Blues is perceiving and that complexity is there no doubt.

      I have a plan and have researched and thought through this. I am not comment further beyond saying the process will unfold the way it should and will take some time.

    2. Just asking more than anything. I know Doug has thought this through. It is somewhat new territory as far as the legal system goes.Sorry for the waste of your thinking time.

      1. Mea culpa- I apologise B-B: It seemed at the time your thrust was that Doug couldn’t prevail so shouldn’t try. This bull saw red.
        As there is not yet coherent jurisprudence I would not even dissuade Don Quixote from jousting with slanderous windmills.

    1. Actually, I owe Susie Morgan a debt of gratitude Ashton. Not only did I pick up something like 50 twitter followers in the aftermath of the hearing, she also made it clear exactly what I needed to do.

  4. Handshoe, this seems like a waste of time. What are your damages even if you prove any of this? Ashton, I respect you, where does Handshoe have any damages?

    1. Sel – monetary damages are a lesser issue imho. Injunctive relief is sufficient cause of action – information: “outing” the anonomous goatherder is the prize. And the scope of use of that infomation is wide.

      1. Sel: Your quote: “Where does Handshoe have any damages”?

        Sel, hopefully you are real new on Slabbed and not from NS and/or a local “kid” thereof playing fainting goat games.

        You see several years ago an international group in NS started rolling a big “snow”ball down South in the form of an inappropriate SLAPP lawsuit in an attempt to stop and deprive Slabbed from internet presence of its informative anti-political, anti-insurance corruption format .

        Doug and Slabbed were shut down and dropped from two separate internet carriers entirely over alleged and unproven defamation allegations by this same international NS group.Then when individual commenters were cited and harassed through lawsuits some commenters fled and went undercover in fear of their lives. Especially the well informed commenters who were media experts about revealing informative facts from the Office of Secretary of State, past stories/facts thru the Times-Picayune achieves, revelations concerning long time political associations; as well as relevant past and present governmental corruption and crimes.

        It doesn’t take a rocket scientist but instead only one respected financial CPA, such a Doug, to have a good handle on his own personal and financial damages. However, some novice common sense thoughts might be unnecessary attorney fees opposing said international SLAPP and other frivolous federal lawsuits, personal and family anxiety causing him to pack heat and changing his personal and family activities for safety sake, loss of an exponentially growing internet following and associated tech expenses to attempt to reestablish same, as well as loss of possible commercial opportunities (media advertisement) therefrom.

        Its summertime Sel and the rolling NS “snow”ball has locally melted as well as the snowmen stuffed with straw. And the only things remaining are the physical things which were associated with the movement of the “snow”ball and snowmen(i.e. hat,ears,nose,arms and of course who provided same and of course da’ straw.)

        So Sel get a hold of yourself bro’ as a citizen of the SlabbedNation you must be a stand up person with Faith in Godly justice and firm in a mind set that to protect an independent free press from manipulation by those who would do away with same, along with all your personal rights of free speech,- YOU MUST ACT CONFIDENTLY and lend support to others’ noble efforts. Not doubt or question such efforts or soon you may not be able to do so in the future if you should later change your mind when you realize you’ve lost all your rights and freedom thru inaction.

        Sel, I hope you are indeed new to Slabbed and my pep talk has helped your confidence and future participation in the SlabbedNation.

        Finally, speaking about engaged, confident citizens I tip my hat and wish the happiest 75th birthdays to two of the bravest, most patriotic volunteer citizens I’ve ever met, namely Margie Seemann and Margaret Baird( the M&M Sistas). As leaders of Citizens for Good Government they have sacrificed so much of their lives and time for the Parish of Jefferson. They are feared by the local politicians as they patiently,politely but strongly speak their minds with truth and justice irregardless of the ugly, rude pushbacks they sometimes get from local politicos. May the Lord keep you both in His Light and Love for many more birthdays to come.

        1. You are a little on the crazy side buddy. I read this site but rarely post — just didn’t see how this suit would ever lead to any money damages. I am an attorney and went against Ashton when he was doing the defense side and he would often ask the same question that I asked (or he may ask where is the fault, but not appropriate here.) I am not part of any internet nation, just asking how Handshoe has any damages here, because I dont see it.

          1. You are not part of any internet nation? Come on loosen up and join up today. I just finished my coffee an am getting ready to be a part of Urination,one of my favorite places to visit. Men are from Mars but where in the Hell are lawyers from?Sorry man, I have been up all night thinking today is the day.

          2. Sel: thanks for the compliment that I’m a “little on the crazy side” cause I’m especially crazy when certain people hiding in a foreign country want to shut down a U.S. independent, free speech press site on the internet.

            Sel, you seemed like a newbie on Slabbed so I kindly gave you a parodic history of the NS legal mess that has confronted the SlabbedNation over the last two years.

            But since you are already up on all that history maybe you need to think next time on your pottie what would be your personal damages if someone on the “Real Malice” blog site intentionally took your good name scourged,defamed and rubbed it in suggestive corrupt sh*t.

            If you still can’t think of any damages then maybe playing some stimulating jive music by a local band or soloist singing “Sel knows it all” may prompt your mind to expel some thoughts on defamation damages.

  5. Clearly the author is Abel. When I skimmed the blog, I saw a lead sentence stating “Daniel Abel made some interesting arguments….” No one but Abel would think Abel’s comments were interesting.

    1. One could search internet for the phrase “Daniel Abel made some interesting arguments” to see what turned up. Knowing that all uses might not be indexed.

  6. Earth to Sel,are you out there Sel? Come in Sel.We seem to have lost our connection with you.Oh well so much for that.I hope today is the day.

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