Tag Archives: Freedom of speech

A few not-so-brief thoughts (EC v DA)

23 Oct

So.

That happened.

And #notchilled basically exploded.

For any of my readers who are not aware, erotic romance/erotica publisher Ellora’s Cave filed a defamation suit against the blog Dear Author, and the blog’s founder and owner, Jane Litte aka Jen Frederick.

The basis for the lawsuit is the publication, back in September of 2014, of The Curious Case of Ellora’s Cave. If you have a few days to spare, there are a number of interesting posts written about the case in the intervening thirteen (ye gads!) months. You can find links to quite a few of those at the bottom of this post. (Please note that I have continued to add new links at the end, particularly to Courtney Milan’s and Deirdre Saoirse Moen’s posts explaining some of the legal stuff in layman terms.)

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Anti-SLAPP legislation

2 May

Some of us kibitzers in the vexatious defamation lawsuit that Ellora’s Cave filed against Dear Author and Jane Litte back in September 2014 have also been following along with recent developments involving Nevada’s anti-SLAPP Law and a bill that, should it pass, would not only kill that law, but negate many previous protections on lawful, protected speech.

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Is this a troll? Why, I do believe it is! (EC v DA)

12 Feb

Updated (twice) (thrice) (four times) below

So our lady of the trolls, one TiNut that many of my gentle readers remember for the utter absurdity of her…its…her tweets, was listed first in the list of witnesses that DA and JL handed the court.

After a last salvo of stupidity on February 3rd, wherein TiNut defiantly stated that it/her/they will not be a witness for the defense, the account has been silent–on Twitter, that is, because apparently the scouts for EC erm…publisher protection managed to whine, in writing, to Judge Adams.

Courtney Milan is graciously hosting the letter here, and I’m hoping she’ll post more about what it means.¹

Personally, I wonder how that “we will not be a witness for the defense” would hold up were a subpoena issued. I cannot imagine a federal judge being all, “oh, you don’t want to show up? that’s fine, we can do without you in the stand, no need to bestir yourself, darling.”

But then, I do not claim to be a lawyer or a law student.

~ * ~

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Discovery? This should be interesting (EC v DA)

25 Jan

Ellora's Cave sues Dear AuthorThere has been some movement in the vexatious defamation lawsuit Ellora’s Cave filed against Dear Author and Jane Litte back in late September. A new document, a report on a meeting of the parties to plan discovery, was filed with the court on January 22, 2015.

Hooray…or not?

Look at the dates here (hat tip to Deirdre Saoirse Moen, who is hosting this in her Dropbox)

Yes, folks, it’s been four months of the bullshit already, and we are going nowhere fast.

Ellora’s Cave has until July 15th 2015 to stall, drag their feet, and generally speaking, do nothing, before the court asks what the hold up is.

I wonder whether there are sanctions if the date comes around and plaintiffs have no discovery to show the court. And how many extensions (or whatever they are called in legalese) they can request before the court spanks them some more.

I’m hoping Courtney Milan will chime in to explain the legal differences between a motion to dismiss and a motion for summary judgement, but in the meantime, Ms Deirdre has this, with definitions from Wikipedia and hypothetical examples.

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Trade Me, by Courtney Milan, is out today. You should get it. Now.

20 Jan

Trade meMany of you know that Courtney Milan writes really good historical romance. I have read most of her published work, and what I have not read, I own anyway. To varying degrees, I have liked all of what I’ve read by her–yes, she is yet another author I love whose books I haven’t reviewed much. I suck, okay?

Anyway.

Ms Milan announced late-ish last year that she was writing a contemporary novel. And it so happens it’s NA. In first person narrative, of course.

Alternating first person to boot.

Some readers wondered what was up with that, and Ms Milan kindly explained why she was taking a break from historical romance–a very brief one, as she still has the first title in her next historical series, the Worth Saga, scheduled to come out in a few months.

Here is the blurb, from the author’s website:
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Freedom of expression and true courage

14 Jan

Many of you know that Marc Randazza is representing Jane Litte and Dear Author in the vexatious defamation lawsuit filed by Ellora’s Cave against them.

Many of you also know that Ken White over at Popehat has lauded Marc Randazza as a First Amendment badass–and backed up the assertion.

Until Mr Randazza became Jane Litte’s/Dear Author’s lawyer, I had not read much of his blog, or followed his twitter account. That changed, somewhat, in late September 2014, because I wanted to know more about the man behind the First Amendment badass label.

In the intervening months, I have disagreed with many of the things Marc Randazza has to say about feminism and rape culture, so I don’t read The Legal Satyricon all that often.

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Open letter to Jane Litte (EC v DA)

6 Oct

Ellora's Cave sues Dear Author

Dear Jane,

By now you know just how important the work you do for the online reading romance community is.

We have shown it with blog posts, tweets, donations, and support.

Many of us are deeply outraged that you should incur any cost whatsoever due to what we believe is a vexatious lawsuit, the aim of which is not just to cause you stress and put you in a difficult financial position, but also to intimidate anyone else who has any knowledge that may prove the case you posit here, that Ellora’s Cave is indeed on shaky ground.

I am not the only one who admires your stance–you are putting forth the first $20,000 of the cost to defend yourself against this attempt by Ellora’s Cave to silence critic and intimidate authors, editors, cover artists, and anyone else who may have signed a contract with them for whatever work.

Through SBSarah, you have stated that, should the total cost of the suit be less than the amount raised $20,000 of your own money you are putting aside, you’ll see that the remainder all the funds raised are returned to the donors¹. Again, a most admirable, ethical stance to take.

But see, many of us don’t want that money back. We consider your standing up to someone seeking to silence free people to be something you are doing for all of us. For every blogger who doesn’t want to be afraid every time s/he speaks about a movie, a book, a restaurant, a hotel, a car service. For every author who wants to know more about the publishing house s/he’s considering submitting to. For every freelance cover artist or editor seeking to work with the same.

You are upholding our right to speak. You are standing up for all of us.

And it’s utterly unfair that, on top of the stress, you should also bear the brunt of the financial cost of doing so.

I am asking those who agree with me on this to comment below, to add your names, and to let Jane know that we see the bigger picture here.

Thank you.

*

¹ Corrected, sorry about that. Also, per SBSarah, “If the cost of the suit is less than the total amount raised, she’ll donate the remainder to the Society of Professional Journalists Legal Defense Fund”