(Sent to the Beaumont Enterprise, KFDM, KBMT, KBTV, The Southeast Texas Record, The Port Arthur News, The Mid-County Chronicle, The Examiner)
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[Austin - June 4, 2010] The Texas Supreme Court issued a highly unusual emergency stay on an order signed by Beaumont Trial Judge Donald Floyd of the 172nd District Court. Under a Rule 202 petition, Judge Floyd ordered internet search giant Google to reveal the identities of two anonymous bloggers whose websites criticize notorious East Texas public figure Philip R. Klein.
The high court’s order trumps the April 29, 2010, ruling by Beaumont’s Ninth Court of Appeals, which had denied the bloggers’ request for a stay, and prevents Judge Floyd’s order from being enforced.
“We are pleased that the Supreme Court recognizes the important First Amendment right to criticize public figures anonymously,” said Houston constitutional law attorney Jeffrey L. Dorrell, who represents the bloggers.
“This is an American tradition that dates back to Benjamin Franklin's commentary pretending to be an elderly widow named Silence Dogood,” Dorrell said. Klein argued that the content on www.operationkleinwatch.blogspot.com and www.samtheeagleusa.blogspot.com was “pure defamation” and not entitled to Constitutional protection. Klein’s suit also alleges that Google is in a “conspiracy” with the bloggers to defame him. Google has remained neutral in the suit.
“Satirical parody can be harsh, but if Saturday Night Live got sued every time it made fun of Sarah Palin or Barack Obama, television would be a pretty barren source of amusement,” said Dorrell. “And I can’t think of anyone in Southeast Texas who deserves to be made fun of more than Philip Klein,” Dorrell added.
Today’s ruling was the latest in a suit where Klein alleges that the bloggers have defamed him by, among other things, a parody of Dog Fancy magazine in which he was depicted under the caption, “Fat Men Who Love Their Dogs Too Much,” according to papers filed in the case. The Supreme Court’s ruling protects the bloggers’ anonymity while the court considers further arguments.
For more information, contact:
Jeffrey L. Dorrell
Escamilla, Poneck & Cruz, LLP
201 Stratford
Houston, Texas 77006
713-807-1188
Media Articles and Court Pages
| Southeast Texas RecordGuidryNews.ComBeaumont EnterpriseKBTV Fox News 4 | Texas Supreme Court (No. 10-0366)
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Texas Supreme Court (No. 10-0366)
| Link | Party | Date | Document | Comment |
 | JD | 05/20/2010 | Relators' Petition for Writ of Mandamus (Table of Contents) | JD: John Does 1 and 2, Attorney Jeffrey L. Dorrell |
| JD | 05/20/2010 | Relators' Petition for Writ of Mandamus (Body) | |
| JD | 05/20/2010 | Motion for Emergency Stay | |
| JD | 05/26/2010 | Appendix: Record on Appeal | |
| PRK | 05/26/2010 | Reply to Writ of Mandamus | PRK: Philip R Klein, Attorney John Morgan, Esq. |
| PRK | 05/26/2010 | Reply to Writ of Motion for Emergency Stay | |
| GGL | 05/27/2010 | Google's Response to Relators' Petition | GGL: Google, Attorney Dennis Lynch |
| CD | 06/04/2010 | Stay issued | CD: Court document |
| CD | 06/04/2010 | Briefing schedule | |
| JD | 07/02/2010 | Reply Brief Waiver | |
| PRK | 07/23/2010 | Brief on the Merits | Final argument from Klein |
| JD | 08/02/2010 | Reply Brief filed | Final argument from John Does 1 and 2 |
Ninth Court of Appeals (Appeal: 09-10-00051-CV; Writ of Mandamus: 09-10-00189-CV)
| Link | Party | Date | Document | Comment |
 | OK/STE | 02/16/2010 | Notice of Motion to Appeal | OK: Operation Kleinwatch, Pro Se |
| OK/STE | 3/09/2010 | Docketing Statement | STE: Sam the Eagle; Pro Se |
| PRK | 3/11/2010 | Motion to Dismiss Appeal | PRK: Philip R. Klein, Attorney John Morgan, Esq. |
| OK/STE | 3/15/2010 | Response to Motion | |
| CD | 3/18/2010 | Motion to Dismiss Appeal Denied | CD: Court Document |
| JD | 4/23/2010 | Motion to Dismiss Appeal | JD: John Does 1 and 2 (AKA OK and STE), Attorney Jeffrey L. Dorrell |
| JD | 4/23/2010 | Writ of Mandamus (Table of Contents) | |
| JD | 4/23/2010 | Writ of Mandamus (Body) | |
| JD | 4/23/2010 | Appendix: Record on Appeal | |
| JD | 4/23/2010 | Motion for Emergency Stay in 172nd District Court | |
| PRK | 4/27/2010 | Response to Motion to Stay | |
| CD | 4/29/2010 | Memorandum Opinion denying Writ Issued | |
| CD | 5/20/2010 | Memorandum Opinion granting Motion to Dismiss |
172nd District Court (No. 184,784)
| Link | Party | Date | Document | Comment |
| PRK | 8/26/2009 | Original Petition Under Rule 202 | PRK: Philip R. Klein, Attorney John Morgan, Esq. |
| GGL | 10/02/2009 | First Rule 11 Agreement | GGL: Attorney Dennis Lynch. (Exhibit A) |
| OK | 10/15/2009 | Motion To Quash Subpoena and Motion to Deny Relief | OK: Operation Kleinwatch, Pro Se |
| STE | 10/15/2009 | Motion To Quash Subpoena | STE: Sam The Eagle, Pro Se |
| PRK | 10/29/2009 | Subpoena Duces Tecum to Google | Not Signed, Never Filed |
| PRK | 12/22/2009 | Notice of Oral Hearing for Jan 15, 2010 | |
| PRK | 12/30/2009 | Petitioner's Response To Motion To Quash/Motion to Compel | |
| GGL | 01/07/2010 | Second Rule 11 Agreement | Exhibit B |
| STE | 1/11/2010 | Response to Petitioner's Response To Respondent's Motion to Quash | |
| OK | 1/11/2010 | Memo in Support of Motion To Quash Subpoena | |
| CD | 01/15/2010 | Hearing in 172nd District Court | Court Record (see page 76 of Appendix: Record on Appeal |
| OK | 1/26/2010 | Request for Findings of Fact and Conclusions of Law | FOF and COL |
| STE | 1/26/2010 | Request for Findings of Fact and Conclusions of Law | |
| CD | 1/29/2010 | Amended Order Denying Respondents' Motion to Quash | CD: Court Document |
| PRK | 2/26/2010 | Notice of Intent to Take Deposition w/ Subpoena | |
| PRK | 2/26/2010 | Petitioner's First Amended Petition | Klein sues Google under a Rule 202 Petition |
| GGL | 3/3/2010 | Letter to John Morgan and PRK | |
| GGL | 3/3/2010 | Google Motion for Protective Order and Motion to Quash | |
| GGL | 3/3/2010 | Google Special Exception and Original Answer | |
| STE | 3/18/2010 | Notice of Overdue FOF and COL | |
| PRK | 3/23/2010 | Motion to Strike Request for FOF and COL and for Costs | |
| PRK | 3/23/2010 | Notice of 03/26/10 Oral Hearing | Failed to meet the requirement of minimum notice |
| STE/OK | 3/26/2010 | Blogger's Response to Motion to Strike Request and for Costs | |
| GGL | 4/20/2010 | Amended Notice of Hearing on May 21, 2010 for Google Motions | |
| CD | 5/21/2010 | Hearing in the 172nd District Court | Google's motions are granted. |
21 comments:
Congratulations, Gus and Sam! Sometimes the good guys DO win!
Why is phillip the only one asking for attorney cost? Can't you countersue for costs too?
Gezzz!
The only reason that dog isn't running is because Klein has bad spaghetti sauce on his breath.
Roll on, Gus and Sam!
Philip lies, as if we didn't already know, but congrats, somebody needs to put that fat ass in his place.
Funny stuff...klein runs his lawsuits like his website.
How can you move to strike a document that was never written or filed?
Fat fill-up needs to be muzzled, not his little dog Toto.
Congratulations. I skimmed through the documents and your counsel deserves some kudos too...the Mandamus was brilliant but I'm not surprised with the memo opinion from the 9thCOA.
If the Supremes deny the Writ, it doesn't mean anything because it just upholds the trial courts decision.
If it's granted (and it looks to me like you have a very solid case), it'll set some precedent with Klein as the butt of the joke.
Good job.
That's great news....keep up the good work!!!
Do you think this lawsuit has anything to do with the fact that when you Google Southeast Texas Political Review and Philip R. Klein, both your site and Sam's site come up first?
Maybe Phillip should sue them again (giggle).
I, too, read the petition for writ of mandamus your attorney filed in the Supreme Court. As one of the leading constitutional and appellate attorneys in the state, I can say without reservation that this was some of the most brilliant legal research and writing my eyes have ever had the privilege to see. Your genius of an attorney should have a statue erected to him. I would be honored just to be able to touch the hem of his briefs.
Oh, and please don't reveal my identity—I'm a very private person.
Things must we worse for Philip than I thought—it looks like he's having to do his own legal work to save money, now. His brief reads like it was written by a 9th-grader in the bottom half of his class.
Where can I send a donation towards commissioning that statue in honor of Jeffrey Dorrell?
Can you introduce a motion to take away Filup's keyboard and computer?
Klein has an awfully thin skin for a "political consultant." He can dish it out but runs to nanny government with a lawsuit when he's the target. What a hypocrite.
He' a crybaby. Keep up the good work Sam and Gus. Someone needs to counter that steady drone of misinformation from Klein.
BREAKING NEWS: Philip R. Klein has filed a new lawsuit against the Texas Supreme Court, alleging that the high court is in a conspiracy with Operation Kleinwatch, Sam The Eagle, Google, Jefferson County, the City of Beaumont, the City of Port Arthur and others to personally defame him.
See more on Channel 4!
A man who lost his legs in an industrial accident is sitting in his lawyer's office when Klein walks in. They start talking about their cases and both are confident they will prevail. After hearing the details of each case the Judge determined the cases are without merit, neither man had a leg to stand on.
check 6/11 editorials and lawsuit
klein fantasy
he has no archives or changes facts
so follow up quickly
he is so hurt he needs a vaccination or it that vacation
that has too many syllables.
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