Yonkers Tribune Blog Defamation Suit: Why It Should Fail
By ANDREW M. FRIEDMAN, Esq.

eHezi Finance, History, Law, National, New York State, People, Westchester County, NY, Yonkers, NY 7 Comments

Andrew M. Friedman, Esq.

WASHINGTON, DC — December 31, 2018 — The deputy police chief of Yonkers, NY has sued an online blog, YonkersTribune.com <https://yonkerstribune.com/>, claiming the blog hosted “hundreds” of false and defamatory comments about him. The lawsuit faces some obvious hurdles:

1. New York has a law that can lead to early dismissal of defamation lawsuits designed to stifle dissent – a “strategic lawsuits against public participation” or “SLAPP” law. This lawsuit will likely face a SLAPP motion to dismiss under NY CVR s. 70-a. If YonkersTribune were to win a SLAPP motion to dismiss, it could get an award of attorney fees.

2. A deputy police chief is almost certainly a public official who must prove he was defamed with actual malice to succeed in a defamation lawsuit – a very high standard of intent that is difficult to meet.

3. Under the federal Communications Decency Act (CDA), section 230, 47 U.S.C. s. 230, YonkersTribune is probably an interactive computer service that was not responsible for creating the “content” (the alleged defamatory statements in the comments section). The protections apply to state law claims too. Therefore, Yonkers Tribune should seek early dismissal under subsection (c)(1) of the CDA.

#defamationlaw #firstamendment

INFORMATION: Andrew M. Friedman is an Attorney-at-Law with the firm of Shulman, Rogers, Gandal, Pordy & Ecker, P.A., located in the Washington, DC metropolitan area. He primarily defends government investigations and litigates civil fraud. He also has a long-standing sub-specialty in First Amendment / defamation / false light privacy litigation. From time to time he writes about defamation claims of interest. He has successfully brought and litigated claims of interest. He has successfully brought and litigated (usually by settlement) high profile defamation claims and has successfully defended many defamation lawsuits as well.

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eHeziYonkers Tribune Blog Defamation Suit: Why It Should Fail
By ANDREW M. FRIEDMAN, Esq.

Comments 7

  1. John Mueller is know as the “ Joker” in the Police Department with his permanent pasted nervous smile. He has forged his own reputation of lies and smears by intentionally targeting civilians and city employees acting along with his fat union friend Yonkers PBA Pres. Keith Olson who is now under investigation for assaulting another cop again. These guys are two nut jobs that are living in a bubble.

    Mueller should use his lawsuit papers as fire starters because that’s all it’s worth. Hit the road you screwball. No one believes your lies anymore except Quinn who wants the PBA cash.

  2. John Mueller is a pathetic soul. He uses his position to lie on others and has ruined his own reputation by not being credible. The only thing the Yonkers Tribune did was report on the despicable actions of the certain few. Now can someone place a wet towel on the scum sucker’s desk to wipe his tears away?

    It takes a real lawyer to say you have nothing but hurt feelings. Have the fat man Olson give you another hug you cry baby.

  3. Andy when are you going to learn that outside the wink and the nod of your Pace pals there really is the rest of the Country that really believe in the U.S. Constitution and follow the letter of the Law. You take money from the Yonkers PBA members biweekly but only show up for Keith Olson and John Mueller at Internal Affairs. Then if Olson doesn’t like any members they have to get their own legal counsel and pay for their own legal representation \in order to protect their reputation. You’re a nice story teller Andrew but thick paperwork doesn’t outweigh Free Speech my Pace friend.

  4. When a defamation suit is filed against an internet organization for comments that cannot be attributed directly to the owner of the site…..and when malice is required in order to be successful against a public official, there should be a stiff penalty that accrues to the plaintiff for bringing a frivolous law suit.

  5. This wannabe commissioner has ruined many careers, not to mention his reputation on the job. This clown is unfit for command of any type throwing a beer bash with coolers of beer inside the precinct, refusing an order says so much of what a sick mind he has. Please mayor take control of this situation and save your city from further damage.

    1. You see it takes an outsider to see through this nonsense. Quinn should be shown the door after Olson goes. John Mueller and Keith Olson are just plain dirty lying cops that mess with the wrong civilians and cops. They also should hope that the D.O. J. Is not following all these accusations which should have been dealt with by the city officials.

      Since the Yonkers PBA President Keith Olson is currently under investigation for another brutal attack against another employee the time is now to either reopen the past 6 years of piles of Internal complaints or show Mueller and Olson the door. How can any community allow this.

      Thank you Mr. Friedman for your expertise in the law.

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