Wednesday, April 2, 2014

Constitutionally Protected Speech Under Threat in Cold Spring, or "If we can't get this done now then a lawsuit tomorrow."

Since Friday, March 14th, I have received three (3) letters from an attorney representing the PCN&R, its publisher and staff, threatening to sue me if I don't take down a Facebook post, repudiate its content and apologize for it.   

In an effort to intimidate me, one of these letters was sent to me on Election Day as I worked hard to Get Out the Vote in our Village, another was recently sent to me at my place of employment.


All three letters make baseless claims against me, including that I have defamed and libeled the PCN&R and its ownership. 

Four (4) other of our Village neighbors received similar threats of litigation, asserting claims of defamation, demanding repudiations and apologies.  To me the most notable included prescribed wording of apology, followed by the threat, "If we can't get this done now then a lawsuit tomorrow."   

All of these assertions of defamation and legal threats are baseless in fact and law.  In light of these threats of litigation, I have retained legal counsel.  


Last week a member of the PCN&R staff attended our Village Board workshop to read a statement claiming that my FREE SPEECH and that of Trustee Matt Francisco was an attempt to "chill" the PCN&R's own.   

This week, a PCN&R article seems to suggest that my seeking legal support in the wake of its threats may result in ‘legal confrontation’ for me and the Village of Cold Spring.

I believe the PCNR's efforts to intimidate me, and these bullying tactics aimed at residents, local business people, volunteers and elected representatives have a clear purpose: To scare us out of our Constitutional rights to FREE SPEECH and disrupt our democratic process. 

2 comments:

  1. Being one of the individuals blocked by this Trustee on Facebook, for asking simple questions about grants funding and committee procedure, I find her pontification about the Constitution and FREE SPEECH (her emphasis) especially cheeky. Looking forward to your deletion of this comment. Free Speech for the win.

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  2. Dear Anonymous,

    Thank you for taking the time to read my essay and more so for posting your comment. I choose not to host people I've seen participate in negative conversations threads on Facebook that insult me, my personal relationships or my friends. That's not a free speech issue; there are other venues where you can engage in political discussion.

    If you want to know more about the first amendment and being targeted with the kinds of legal threats people in our community have received, consider further reading on strategic lawsuits against public participation (SLAPP). Here is one of many places you can find information:
    http://www.thefirstamendment.org/resources.html#SLAPP

    very sincerely,
    stephanie

    ReplyDelete