| SDNY Judge Engelmayer Tells
Online Journalist To Get Counsel For SLAPP
Suit Scoffing at Twitter
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 21 – A man named in
an SEC investigation sued Dow
Jones and another online
journalist who reported about
it.
On May 21 U.S.
District Court for the
Southern District of New York
Judge Paul A. Engelmayer heard
the case. He stayed discovery,
but he advised the online
journalist to "expedite her
efforts to secure
representation by counsel,"
while discouraging her from
pursuing sanctions in
connection with the seemingly
retaliatory or SLAPP suit.
Does this chill reporting?
Inner City
Press, once ordered to stop
tweeting from the back row of
Judge Engelmayer's courtroom
in a #6ix9ine related
proceeding which despite a
request was not live streamed
to the SDNY Press Room,
covered this proceeding.
A lawyer said without irony to
Judge Paul "Meme" Engelmayer,
I don't know how much you know
about Twitter.
Judge Engelemayer asked, Does
someone who republishes have a
safe harbor?
A lawyer replied,
Section 74 of the NY Civil
Rights Act - there is
privilege to report on
judicial proceedings... And a
headline is a fair reflection
of article.
Next, Judge Engelmayer asked
plaintiff's lawyer if his
client left his law firm
BEFORE the Barron's article.
The lawyer replied, I'm just
the second chair.
Judge Engelmayer admonished
him, This is the big leagues.
You have to be prepared. My
time is worth something. You
can't just make stuff
up.
The online
journalist said, I stand by
what I reported. But I have
something else to
say.
Judge Engelmayer cut her off,
Only if it's related to what I
asked. Who moved to change
venue from Florida to New
York?
Defendants did. "The case has
nothing to do with Florida.
Judge Smith transferred
it."
Judge Engelmayer
ruled, Citing venerable
pandemic exception, I will
stay discovery until I rule on
motion to dismiss. Staying
discovering in a SLAPP suit,
especially one implicating the
right to report, is the right
move. As was Judge
Engelmayer's move to allow an
audio feed of a confidential
witness in a criminal trial
now canceled but on which
we'll have more. This case is
Kesner v. Barron's, Inc. et
al., 20-cv-3454
(Engelmayer).
***
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