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Friday, November 9, 2018

Blogger seeks to dismiss Morgan sheriff's libel claim

Folks, it looks like we made Page 1 of the Daily.   Again.  Above the fold.  We will include some excerpts but encourage you to read the whole article by Eric Fleischauer.  Read all about it at the link. 

https://www.decaturdaily.com/news/morgan_county/blogger-seeks-to-dismiss-morgan-sheriff-s-libel-claim/article_c1b1b9be-3b44-5dc2-ba65-238413e6bb72.html

A battle over free speech is playing out in a federal courthouse as a Falkville blogger seeks to block defamation claims filed against her by Morgan County Sheriff Ana Franklin.
“The blog contains information of legitimate public concern that are matters of public interest,” Brandy Lee of Birmingham, one of Glenda Lockhart’s lawyers, said Thursday.
Lee, who this week filed a motion to dismiss the counterclaim, said the blog played a part in remedying a public problem by bringing attention to misconduct by the defendants.
“For example, the blog made statements about the improper use of jail food money,” Lee said. “This information was proven true. The sheriff invested funds contrary to a federal court order in a now-bankrupt company run by a felon.”
Due to First Amendment concerns, statements made about public officials or matters of public concern — even if false — are not grounds for a defamation claim unless the official can demonstrate they were published with “actual malice.”  “Corruption by public officials and their delegates within the sheriff’s office is a real public concern which I believe will protect my client’s free speech,” Lee said.
One of the first things we did when we started the blog was to make sure we were firm constitutional ground.  We are.  The article continues with more detail, laying out the claims and counter-claims without a lot of legalese.  Enjoy the read.

7 comments:

  1. Ana quit your delaying tactics and grasping at straws. You look desperate and pitiful. You are nothing but a joke. What an embarrassment to Morgan County Alabama.

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  2. Do these idiots really think the FBI, AG's office, and the DA's office would waste 3-4 years of resources on false claims? Also, is Ana saying it is ok to ruin other people and cause emotional stress to employees, as long as she don't be ruined?

    I will be so happy to see these useless wastes of air gone!! Why are all of you staying here and further proving you are such embarrassments to Law Enforcement.

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  3. Ana, How do you even step out of your house and hold your head up? You are not worthy of the title of Sheriff.

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  4. Good lord just when you think this mess can't get any worst...Ana quit lying to attorneys and such to get your way. That is against the law.

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  5. Most kids wanted to grow up and be like Bo, Luke, or Daisy Duke but not Ana!
    Ana has always wanted to be Boss Hog.

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  6. Ana tried hard to make it appear as if she cared about others around her as she built her criminal empire with low life’s willing to find ways to help Ana succeed. However, Ana only cared about herself and the money.

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  7. The funny thing is that everything general she's complaining in the counterclaim about is what police in the country do to other people every single day. Not so fun when the tables are turned.

    -CS

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