[Guest post by DRJ]
The Instapundit recently linked to this Galveston County (Texas) Daily News article that reported Galveston ISD’s effort to silence a mother whose blog has been critical of the school district and its leaders:
“The public school district has officially demanded that parent Sandra Tetley remove what it says is libelous material from her Web site or face a lawsuit for defamation.
Tetley received a letter Monday from the district’s law firm demanding she remove what it termed libelous statements and other “legally offensive” statements posted by her or anonymous users, and refrain from allowing such postings in the future. If she refuses, the district plans to sue her, the demand letter states.”
The school district claimed Tetley’s blog contained at least 16 libelous postings, half of which were posted by anonymous users:
“Feldman cited 16 examples of what he says are libelous postings. Half were posted by Tetley; the other half were posted by anonymous users. The postings accuse Superintendent Lynne Cleveland, trustees and administrators of lying, manipulation, falsifying budget numbers, using their positions for “personal gain,” violating the Open Meetings Act and spying on employees, among other things.
Tetley said the postings were opinions only.”
Now Tetley has retained a high-profile area attorney and is fighting back:
“Attorney Tony Buzbee warned the Galveston school board and its attorneys that they would face a tenacious and public fight if they move forward with threats of a “frivolous” defamation lawsuit.
David Feldman of the district’s law firm, Feldman and Rogers, said: “We’re not going to try this matter in the newspaper.” He declined further comment.
Buzbee — who has won millions in judgments for his clients and owns the 100-foot $4.5 million El Grande, one of the largest yachts in Galveston Bay — is representing Sandra Tetley, an angry parent whose Web site, gisdwatch.org, is the target of the legal action.”
Since retaining Buzbee, Tetley says she will not remove any postings. It sounds like Buzbee believes the best defense is a good offense:
“In his letter to Feldman, Buzbee said Tetley, the president of Oppe’s Parent Teacher Organization, is “desperately fighting to shed light on the myriad of problems at GISD” in hopes that exposing them will lead to resolution.
She has a vested interest in the workings of the district since her children attend Oppe Elementary School, Buzbee wrote. She believes in the absolute truth of every statement she’s made on her site, he said. As for the anonymous statements, Tetley cannot be legally responsible for what others post on her site, Buzbee wrote.
A lawsuit would open the district up to scrutiny and examination of every controversial issue raised on Tetley’s Web site through testimony and extensive document research, Buzbee warned. He discouraged the district’s firm from moving forward with a lawsuit. “Mrs. Tetley is not looking for a fight, but she will not be bullied,” he wrote.
Galveston is losing its middle-class student population to neighboring districts and private schools, partly because islanders believe the district is failing the children, Buzbee wrote. “Now is not the time to sue parents; it is the time to fix the system,” Buzbee wrote.
He chastised the board for its “colossal” waste of taxpayer money on a “baseless course of action” and “meritless case.” Board members are public officials and should expect to be criticized, he wrote. “The proper response by a public official to criticism is leadership, debate, discussion and compromise — not frivolous litigation,” Buzbee wrote.”
It’s fun to cheer for the underdog, even if her lawyer does own one of the biggest yachts in Galveston Bay.
H/T Instapundit.
Update here.
– DRJ