David D'Amato, aka Terri DiSisto, aka TerriTickle vs. David Starr, et al.
This is a blog that is intended to discuss a First Amendment and rights to public records case
filed in United States District Court in the Eastern District of New York
CASE DESCRIPTION:
Man sues David Starr and Google, Inc., et al, for $5 million dollars
because a blog exposes him as a Federal convicted criminal.
This is a First Amendment and public records access case.
D'Amato
vs.
Starr, Magic Touch Productions, Kent Barclay, GoDaddy.com, Intercosmos Media Group, Inc., dba DirectNic.com, Google, Inc., (Blogspot.com, google.com, blogger.com), PYRA.com, ThePlanet.com, and Computer Tyme Hosting
USDC Eastern District of New York
CV-06-2429
The facts of the instant case are:
In 2001, A 39-year old male former vice principal in New York, while pretending to be a 23-year old female college student, engaged online in various techniques of harassment to intimidate a 17 year old male child to remove his shirt, have himself tied down, tickle-tortured and videotape the entire process. The child does a few tapes for this, "23 year old female," and then the boy decides he does not wish to do it anymore. The boy refuses to produce further tapes, at this time the angry 39-year old male begans various extreme methods of harassment, actions we would call 'cyberstalking' today. This resulted in the man's arrest by the FBI, and a later federal conviction through a plea bargain, and a remanding to the Federal Bureau of Prisons to serve his sentence, The criminal case resulting from this arrest and prison sentence is USDC, Boston, MASS. 01-cr-10082-DPW. The complaint can be viewed at http://www.ticklishguyscasting.net/court-docs.html.
In 2005, David D'Amato begans to attack Starr after he refuses to supply him with more tickling videos after discovering that he was pirating them, and placing them for sale online unlawfully. The attacks include similar techniques used on the 17 year old, and some new ones involving 'phone blasting.' Starr decides to expose the history of D'Amato's criminal past on a Google Blog http://ticklishguyscasting.blogspot.com and the more up to date site http://www.ticklishguyscasting.net, this blog contains information relating to the prior history - including articles and official court records - and also speaks on the currently unconvicted, but factually based offenses.
In 2006, D'Amato demands through his attorney that the public record documents be removed, and that STARR, et al. cease commenting on the doings of David D'Amato. Starr refuses all request. D'Amato goes to Google and others to get the site taken of the air. They all refuse his request, inferring that the blog is a free speech site.
In May 2006, D'Amato files a $5 million dollar lawsuit against Starr, Google, Inc., and others totaling $20 million dollars in order to intimidate them into taking the expose' site off the air. In that same filing, D'Amato request an ex-parte TRO. This was wisely denied by the judge, who in her written ruling stated that to grant this TRO would be, "repugnant to the First Amendment," and cited appropriate cases.
The entire filings, including the complaint, motions and orders in this case may be viewed by clicking here.
1. Is first First Amendment protection available to the blogger who is posting, in good faith the truth about an ongoing criminal offense?
2. Can court documents, lawfully obtained from the USDC in Boston (via PACER) be lawfully suppressed?
It is my position that blogs are protected speech, and the publishing of anything out of the public record is entirely legal and can not be suppressed.
These are the facts, and questions I would like to submit for debate and/or comment.
Please post, forward, or otherwise share. I feel this is a vital First Amendment issue, because if D'Amato prevailed this would certainly result in a chilling effect on free speech and limiting the publishing of information on such notables as Charles Manson, Ted Bundy, and other infamous criminals along with restricting the public's knowledge of sexual offenders who are actively online soliciting children.
The site that is the subject of this litigation is TICKLISHGUYSCASTING.NET/BLOG.HTML
Contacts:
Click on name to send a private (not posted to blog) message...
Write a message to the litigants or post a public message!
As one of the litigants I would like to extend a welcome to you, and invite you to say anything regarding the case - pro or con, your opinion is welcome...
posted by David90212 at 4:34 AM
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