McCaw Hit with Anti-SLAPP Motion

Thank you for reporting this so quickly, Matt Kettmann and the Indy Media Blog! Fingers crossed the anti-SLAPP motion passes.

Your PDF attachment or link to the actual SLAPP Motion does not work. Can you correct. I am most interested to read the document. Thanks in advance.

Here is Paterno's suit.

Good work Matt.

Well the link works now. Thanks. But those persnickity lawyers out there might be looking for the Hurwitz declaration referenced in the Motion. But, I remain grateful for what you did provide and offer my encouragement for the posting of the Ampersand Response and Paterno reply, when available. Thanks in advance.

Finally!!!! Hopefully this is the first of several actions in which McCaw finally gets whats coming to her. Unfortunately, Paterno can only recover attorney's fees.

The filing is also on American Journalism Review's site -- ajr.org

It would be illuminative if the Indy could also post the attachments, since they are referred to often in the Motion.

The Independent is becoming the daily newspaper of record, since there has been little (if any) mention of the Paterno suit in the "best local news to be had" pages of the News-Press.

Excellent motion, one of the best I've read in a while. It's clearly written, well-cited and persuasive enough that it's hard to imagine a judge not being knocked out by it. Hurwitz nailed it. She can represent me anytime.

And while it's a fine piece of lawyering, it's also rather obvious, and therein lies the mystery: why would a bright lawyer like Larry Stein even touch this case? It's a total loser in every conceivable way, and even a dimwit fresh out of law school should be able to see it. No doubt there's a hefty retainer involved, but one would think Stein has some pride, at least. This, however, makes me think he has no shame.

I am constantly amazed and disappointed how people will leave their ethics at the door if enough money is dangled in front of them. I don't know if any of these attorneys bother to advise Ms McCaw that she is throwing good money after bad, but I figure either the attorneys are really on the other side laughing all the way to the bank, or that Wendy doesn't care and says "sue them anyway" even if they do tell her the lawsuit is frivolous!

Looks like Larry has been distracted:

http://www.law.com/jsp/article.jsp?id=11...

But probably no more ACLU awards for him...after going after an AJR reporter.

Larry Stein is a smart guy, reputable lawyer, and reputable firm, but I've seen his lawyering judgment -- assessment of whether his client has a good case -- take a backseat to his need for aggression, or to fulfill an off the wall client's need. This lawsuit was filed both to intimidate the Paternos of the world who dare to criticize, but also to trash Jerry Roberts with a boatload of crap it wouldn't dare say outside of the courtroom or outside of court filings, for fear of being on the "D" side of the next libel suit. In other words, Stein is feeding the beast. No doubt at $600+ per hour.

McCaw and von Whatever continue to fumble and bumble in the courts, while tragically upending careers and lives along the way. Here is the inevitable AP story about Paterno’s motion, reported in Travis Armstrong’s old paper, the San Jose Mercury News:

"Reporter uses state's anti-SLAPP law to fight News-Press lawsuit

GREG RISLING
Associated Press

http://www.mercurynews.com/mld/mercuryne...

Some choice quotes from the story showing, ironically, complete lack of press savvy by McCaw:

"We think there is a concerted effort by the News-Press management to chill the free-speech rights of a lot of people," said Paterno's attorney, Charles Tobin. "Unfortunately, they are trying to drag a freelance reporter who was trying to cover the story into the fray."

Agnes Huff, a spokeswoman for News-Press owner Wendy McCaw, could not immediately comment about Paterno's motion.

"One of these days the News-Press is going to have to make up its mind," Tobin said. "Is it a friend of the First Amendment or not?"

So, Wendy and von Weaselburger have the Susan Paterno anti-SLAPP hearing on March 5, the NLRB prosecution action against them (for firing Melinda Burns and other juju) on March 12, and the NLRB judge’s decision from this month's NLRB hearings due any day now. You heard the prediction here first: 0-3 against McCaw, just on these three pieces of insanity. Of course, the Independent will be filing its own motions pretty soon to protect its 1st Amendment rights and Jerry Roberts will be heard from again. Then there’s that collective bargaining over a contract where Wendy will be forced to negotiate. Also on deck, along with probably more threats to hairdressers and firings of key reporters, will be the NLRB hearings for Davison and those employees ordered on threat of firing not to have signs urging, “McCaw, Obey the Law.” And then Burns and others may file wrongful termination lawsuits. Before they know it, Wendy and what’s his name will be off again to the fossil fuel spewing yacht in Europe, putting Travis Armstrong back in charge of, oh yeah, publishing a “trophy” newspaper "with the best news to be had," that’s in reality become anorexic as more and more key people like Raul Gil flee the asylum.

One only hopes that Ms. Paterno took time to hire
the most expensive attorneys in the universe,
'cause McCaw is going to pay for them.

Can we amend the petition to ask the courts to rule on Wendy's sanity. Her dictatorial rule has become such an embarassment, she is no longer welcome here.

The San Diego Union Tribune:

http://www.signonsandiego.com/news/state...

The SLAPP story in "Editor and Publisher" trade blog, linking back to the Indy's blog story:

"WEDNESDAY'S LINKS: McCaw Suit Hits Snag, Obama Freezing Out Fox News?, Dow Jones Looking to Expand Online"

By E&P Staff

Published: January 31, 2007 11:30 AM ET

http://www.mediainfo.com/eandp/news/arti...

Does McCaw realize how well she is teaching her readers and other local media to use electronic media, local and national? Just compare this year's coverage of the Film Festival on edhat, the indy blog, and Craig Smith's blog with coverage last year, dominated thoroughly by the News-Press. She appears to not have a clue, judging from the NP's hapless website.

Important and timely coverage. Kudos to Matt and the Indy staff for the midweek update with the latest.

One can only hope that Paterno and Hurwitz will prevail and impress upon the court the malicious intent of McCaw's suit to such an extent that the legislation will be henceforth known as Bitch-SLAPP.

Wendy McCaw's approach to this whole matter is the antithesis of of any credible attempt at jounalism.

The whole idea of journalism, and of a free society, is, to use an adage "Build a better mousetrap". Instead of silencing one's critics, isn't it better to come up with a credible argument?

How ironic that this woman claims to be a "Libertarian" when the stated purpose of the libertarian party is to effect a society that is in line with the principles of freedom and free speech--the principles upon which this country was founded.

I guess in Wendy's world unfettered opinion is the right of those who can afford it. -Bill Clausen- News-Press alumni, 2004.