Have lawyers ever used the Internet?
Really, I want to know…
Hands up anyone who ever heard of Tucker Max before yesterday… Maybe a few here or there… Anyway from a quick look at his site, which I’m sure he it thrilled about, he looks to be a real asshat***.
Here is the post. It’s appalling in its bad taste and self aggrandizement, but that’s neither here nor there.
Miss Vermont seems to have gone to the Bill Bennett School of Morality, since she runs the Starrlettes web site that preaches all sorts of feel good mantras to little kids. I don’t think that blowing your boyfriend in the bathroom of his family’s restaurant is part of the message though.
So you’re the woman’s lawyer… Do you:
A) Quietly threaten the man with civil action if he does not remove the post, and make him sign a non-disclosure agreement where he can’t even acknowledge that there ever was a post or and agreement with the woman to remove it.
B) Get an injunction from a judge the remove the site content before there is a hearing to determine the merits of your claims. The fact that your injunction will be noticed by free speech advocates is a nuisance issue.
If you picked B, you must be the woman’s lawyer, because that is exactly what you do. Never mind the titillating story in the New York Times. You’ve got your injunction against the man, the page will be removed.
If you picked A, then you are obviously not a lawyer. You are smart enough to realize that by declaring content so objectionable and defamatory that it must be suppressed you actually stoke the demand to see that which you want to ban. And since you are not a lawyer, you might have some concept of how to find that which you have been told you may not have… the Google cache.
New term for the day – GoogleMirrored -The act of finding and mirroring a page from the Google cache so as to preserve it.
Well faster that you can say “no duh” the Miss Vermont post was flying around into the dark corners of the Internet, being safely stashed away to be shared knowingly amongst the community.
And that is how not to protect your client from the ramblings of an overgrown frat boy.
*** Not my word, visit Rachel Lucas’ Asshatted Celebrities page.
Update: Ken Layne is on top of this story, read up on it here.