Judge Beltrami's Section 230 Ruling Ripples to California Law School

In a recent case involving yours truly, Judge Anthony Beltrami ruled that a blogger is generally immune from liability for anonymous comments posted there, thanks to Section 230 of the Communications Decency Act. His decision was quickly picked up by The Legal Intelligencer, and now has rippled to The Santa Clara University School of Law. Professor Eric Goldman, who is Co-Director of the High Tech Law Institute, has linked to the full opinion,  

Professor Goldman also blogs for Forbes.

WPFA Pulls Plug on Defamatory Radio Show

After seven days of defamation, invasion of privacy, criminal contempt of a Protection From Abuse Act Order (PFA), and witness intimidation of a PFA victim, Joe Timmer's WPFA has finally pulled the plug on Jim Gregory's radio show.

Yesterday's broadcast featured Tricia Mezzacappa, against whom a libel judgment was recently entered. I did not listen to the show. But readers tell me she took the opportunity to defame me on matters that have already been ruled as defamatory per se. Her treatment of Gregory's PFA victim was far worse and was an obvious attempt to scare her away and keep her from testifying against Gregory. She and Timmer's producer, Budd Williams, actually suggested that when a woman called the station to complain about the public disclosure of private information, she was stalking.

Mezzacappa has pursued this intimidation against a PFA victim on her blog, calling her vile names and discussing torture techniques.

This morning, board operator Budd Wlillams announced there would no show today or tomorrow. He offered no apology for the false information his station disseminated over seven hours. He expressed no regret for his own role in a seven-day libel lovefest. There was no retraction, no offer to make amends.

The person most culpable for this mess is station owner Joe Timmer. He should have pulled the plug the first day. Instead, his producer mocked a woman who complained about the invasion of her privacy. Twice. Timmer certainly should have been clued in once Gregory was arrested for his on air statements. Instead, he allowed someone on the air with two recent criminal convictions and a libel judgment. Did he think she was going to polka?  He's also archived some of Gregory's more offensive shows, including the one that got him arrested.

Update 5:15 PM: Sometime  this afternoon, WGPA deleted its archive of defamatory Gregory shows from the Internet. The station still needs to retract the defamation, make amends to the two women they hurt. Timmer should offer Gregory's remaining air time to Turning Point.

Even Bottom Feeding Bloggers Can Be Defamed

An ... ahem ... anonymous comment on the Gracedale blog trashes the Easton police department for the information they supplied to me late last year about West Easton GOP Delegate candidate Tricia Mezzacappa. They were responding to an open records request. They stand accused of enabling my "absurd obsession." It's a "blatant atrocity" and everything.

Why did I file a request? Mezzacappa claimed that, on August 26, I kicked her pig and attempted to assault her sexually. Pretty serious stuff. At the time, Mezzacappa stated "[t]he police call should be on record. It was placed to the Northampton County non-emergency 330-2200."

But there is no record. Not with Northampton County or Easton police.

Mezzacappa is lying. She later changed her story to claim she "skid in a puddle of warm piggy pittle and dropped the phone." But who the hell does she think she's kidding?

Since that time, she's continued to make wild stalking allegations, and last week, actually claimed to have me on videotape, looking in her car window and putting nails under her tires. She follows that up by incredibly claiming that I was threatening to rape her and poison her pet pig the very next day.

Now if she really had such a video, don't you think it would be online by now? If unable to convert it, don't you think I'd be in jail anyway, after police saw it?

Mezzacappa is lying. There is no video, no assaults, no stalking, no threats. Just vicious and very damaging lies, posted by a mentally disturbed person who thinks there's absolutely nothing wrong with publicly wishing for my death.

All Mezzacappa can do now is blame police for allowing me to prove she's a liar.

Unfortunately, she has made even more serious and damaging accusations of a more sinister nature, and these reckless lies are all being repeated with glee at the Gracedale blog.

That's why legal action is necessary. It's not fun, to be honest. It's very time-consuming, but I have a right to protect my reputation, and I will. It won't be ending with Mezzacappa. That is just the starting point. I suspect it will be a long trip.

I'm sorry, but will not accept comments on this topic.

Should Glenn Taggart Sit on the LVPC?

If you're a title searcher like me, you learn to like lawyer letters. They contain checks. But this one, from Jim Broughal's Bethelehem law firm, was a little different. Broughal's firm, which specializes in representing developers and engineers, is trying to shut me up.

[W]e have been made aware of statements published on your blog, which are defamatory towards Taggart Associates and to Donna Taggart in particular. These statements, which allude to self-dealing and corruption by Taggart Associates, are patently false in nature. The publication of these false statements on your blog demonstrates a ... [blah, blah, blah].

Please consider this letter a warning that if you do not stop publishing these false allegations, Taggart Associates will have no option but to proceed with a claim against you for libel and slander.


Libel? Slander, too? Uh oh.

I immediately checked to see what terrible things I had written about Taggart, a Bethlehem outfit that specializes in "in project funding, transportation management, economic development and environmental planning." I found nothing. Nada. Zip.

But then I checked through my comments, and fellow blogger BillyBytes did make three comments mentioning Taggart, along with a host of others. Nothing about them is really defamatory. In fact, I barely understand them. So I fired off a response to the suits. "I've searched through my blog, and I've never written a word about Taggart. So bring it on, bippy. Sue to your heart's content."

That was the end of it. Until last Thursday, when I saw that Glenn Taggart was nominated by Northampton County Executive John Stoffa for reappointment to the Lehigh Valley Planning Commission. He's Donna's husband, and he also works for Taggart Asscoiates.

Councilman Ron Angle asked why a fox like Taggart would be in the LVPC henhouse. Stoffa replied, "He's got nothing going on. He adds expertise." Angle was not so sure. "He might have nothing now, but what about tomorrow? And he might have associates coming before the LVPC."

Angle was the sole councilman to vote against Taggart.

As it turns out, Taggart has plenty going on, and this is bound to cast some doubt upon his ability to handle matters objectively, free from the influence of developers like Ashley and the casino. Don't take my word for it. Let Donna tell you herself.

Greater Easton Development Partnership, Inc. - Recently re-structured and re-energized the former Easton Economic Development Corporation into the Greater Easton Development Partnership, Inc. to provide the City of Easton with an active non-profit economic development corporation. This new entity is the sponsoring organization for the new Easton Main Street Initiative to stimulate revitalization of Easton’s Central Business District. Also serves as Program Coordinator of the Easton Main Street Initiative.

Slate Belt - Facilitated development in the Slate Belt area of the Lehigh Valley, PA, highlights which include the formation of a Council of Government; construction of a 40,000 sq.ft. Shell building in partnership with the Northampton County IDA, the Green Knight Economic Development Corp., and J.G. Petrucci Co.; and installation of infrastructure to a 60-acre industrial park in Portland.

Route 512 Improvement Project - Local project manager for the Route 512 Improvement Project responsible for securing the local financing match of $5 million for a $12 million project. In this role, Mrs. Taggart served as the interface between PennDOT, the local municipalities and existing companies and potential prospects for the Lehigh Valley Industrial Park.

Hotel Bethlehem - Spearheaded a $13 million historic renovation of a bankrupt downtown Bethlehem hotel to carry a national flag.

Broad and Main - Facilitated the development of a key downtown Bethlehem property that had been vacant for over 20 years, into a mixed-use retail/office building. This project included the construction of an adjacent 700-car intermodal facility that also serves as a LANTA hub.

Bethlehem Technology Center - Participated as one of the non-profit economic development partners and overall managing partner for the development of a $4 million post-incubator technology building in south Bethlehem.

Petrilla Fuel Oil/ Union Station - Oversaw the successful purchase and environmental remediation of a 10-acre site at a major gateway entrance to south Bethlehem resulting in the attraction of a national chain restaurant and the development of an abandoned train station into a satellite office for St. Luke’s Hospital.

Main Street Commons - Coordinated the financing package for a $12 million renovation project of a former department store in the heart of the north side business district of the City of Bethlehem into a mixed use retail/office complex bringing hundreds of jobs to the downtown. This project included the construction of a contiguous 60-car parking deck.

Ashley Development - Currently advises major local developer, Ashley Development, regarding creative financing strategies for urban redevelopment projects. Acts as liaison between corporation and state entities involved in financing processes.

Las Vegas Sands Corporation – Serves as Community Outreach Liaison for casino operator recently licensed in Pennsylvania. Responsible for coordination of local corporate training programs, community events and public involvement.