Apr 15, 2011

For Immediate Release

AUSTIN -- The Texas Supreme Court unanimously granted an unusual writ of mandamus late Friday afternoon and ordered Beaumont trial judge Donald Floyd of the 172nd District Court to vacate his order that Google, Inc., disclose the identities of two anonymous bloggers.

The blogs, OperationKleinwatch.blogspot.com and SamTheEagleUSA.blogspot.com, publish satirical parody and other biting criticism directed at Beaumont private investigator and local media personality Philip R. Klein. Acting as Klein Investments Inc. and PRK Enterprises Inc., Klein filed suit to learn the bloggers' identities.

Klein alleged that John Does 1 and 2 were guilty of copyright infringement, defamation, conspiracy, and invasion of privacy. Floyd ordered Google to identify the bloggers in a decision on January 29, 2010.

After the Ninth Court of Appeals refused the original mandamus, Houston constitutional law attorney Jeffrey L. Dorrell filed with the Texas Supreme Court on behalf of the bloggers. The higher court stayed Judge Floyd's order in June 2010 to consider the merits of the bloggers’ argument that their right to criticize public personalities anonymously was constitutionally protected.

Today’s ruling disposes of Floyd’s order in favor of the blogs and orders the judge to grant the original motion to quash by the bloggers.

Among other things, Klein claimed the bloggers defamed him by publishing a parody of Dog Fancy magazine where he was depicted under the caption, “Fat Men Who Love Their Dogs Too Much.” The parody satirized an MSNBC network story on Klein entitled "The Pet Lover." Klein argued the blogs implied that he had “sex with animals.”

Representing the blogs, Dorrell argued that Klein is libel-proof because “facts exposed in the course of the plaintiff's two bankruptcies, at least 40 lawsuits, and constant vindictive, publicity-grabbing attacks on southeast Texas municipalities, school districts, elected officials, local television stations, local reporters, and others” had made Klein the object of public ridicule before the blogs began publishing.

“We are obviously pleased that the Supreme Court recognizes the First Amendment right to criticize public figures anonymously,” said Dorrell. “This is an American tradition that goes all the way back to Benjamin Franklin writing commentary as an elderly widow under the nom de plume of Silence Dogood. 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.”

Klein has recently claimed on his own blog that prominent Beaumont attorney Brent Coon is the anonymous author of the blogs, a claim both Coon and the blogs have denied. Klein has threatened more litigation.

For more information, contact:

Jeffrey L. Dorrell
Escamilla, Poneck & Cruz, L.L.P.
201 Stratford
Houston, Texas 77006
Telephone: 713-807-1188
jdorrell@epc-law.com

34 comments :

Anonymous said...

Congratulations to Gus, Sam and attorney-of-the-year Jeffrey Dorrell!

Anonymous said...

So the Supreme Court of Texas has legally confirmed that Philip Klein is a fool.

Anonymous said...

I'm sure Nexstar, KBTV and Fox4 are proud of their political commentator, Philip R. Klown, after his latest quest for fame.

Anonymous said...

Fantastic news!

Anonymous said...

Mr. Dorrell has my vote for Texas Super Lawyer of the Year.

Anonymous said...

Yes anon 10:55 AM, the Supreme Court confirmed what we already knew, Philip Klein is a FOOL.

Anonymous said...

Congragulations, Gus. Is Phillip still waiting on "verbal arguments?"

Anonymous said...

Next up, Philip sues every attorney in Jefferson County.

Anonymous said...

Public joke, yes, but Phil can't brag that his cheesy little website has "multi-million" hits then deny that he's a public figure.

Anonymous said...

I'm sure this well be the lead news story on Fox 4:

"Our Political Comentator is an Idiot."

Anonymous said...

Congratulations to Philip Klein. You've graduated from village idiot to state fool.

Anonymous said...

Lead story should read:
"Fat cry baby Klein gets a can of whoop ass poured on his ego."

Anonymous said...

Anon 1121...when Klein's book on "Patrick McDermott, The Man" comes out, he'll graduate to International Dumbass.

Anonymous said...

Gus, great job. Keep up the Lord's work.

Anonymous said...

Someone got taken to the woodshed and it wasn't Lindsay Brackin.

Anonymous said...

Gee, fil has an article up about 911 problems in Beaumont but he failed to mention the demise of his lawsuit, could it be that he's not heard yet?

Anonymous said...

I guess PRK hasn't heard yet cause he didn't mention it on the Southeast Texas Political Review.

I sent him the link to your blog and told him to read it. Hope that was okay, Gus.

Anonymous said...

That's the funniest thing I've heard all month. I guess the state supreme court took sa dim view of clogging up the judicial system with Klein's petty complaints. Congratulations, Gus and Sam.

Anonymous said...

WAY TO GO. The good citizens of Nederland already know that he is the laughing butt of this town. Gus, I will email a funny story about Philip when he tried to get a friend of mine to hire him for an investigation.

Anonymous said...

Philip R. Klein can kiss my (_|_).

Great job, Gus and Sam. Next time countersue and you could own a cheap PI firm in Nederland.

Anonymous said...

ROTFLOL!!! Didn't Klein promise to take this all the way to the US Supreme Court?

Anonymous said...

There’s nothing worse than an arrogant idiot! Can’t talk sense into stupid. Glad you guys won!

Anonymous said...

Anon 554 -- he'll bury this and never mention it again. Typical Klein shit.

Anonymous said...

gus, the whole courthouse is rolling on the floor laughing at the defeat of dumbass.

Anonymous said...

Kudos, Gus! You were right - Klein is the butt of a legal joke:

http://blog.internetcases.com/2011/04/16/subpoena-isp-copyright-chicago-john-doe-anonymous-attorney-blogger/

This did make case law!

Anonymous said...

Still no mention on The Southeast Texas Political Review. For the first time ever, someone shut Philip up...damned good job, Sam and Gus!!!

Anonymous said...

He knows. And he's really pissed.

Lindsey B said...

Music to my ears :-)

Anonymous said...

Thank God he's got a "crack" staff and attorney who can explain to him that even the Supremes think he's an idiot.

Anonymous said...

Just left the courthouse about a half hour ago. Gus, Sam, and Philly boy were the main topics of discussion this morning. Looks like a unanimous decision there, too: everyone was in favor of Gus and Sam.

Anonymous said...

Oh how will fat filup spin this to make it look like the way he wanted it to go down?

Anonymous said...

Kudos from BFD.

Anonymous said...

David Lowell, Judge Larry Thorne, Tom Maness and Mitch Woods among others have all been excoriated by filup over the years, notice though, he's never once written anything, even positive, about the civil court judges, Floyd, Sanderson and Shuffield, could this be because he uses their court so frequently? Let's see if he place blame for his lawsuit's failure on Judge Floyd. What a dork!

Anonymous said...

Anonymous 6:29, If my memory serves me correct, some years ago, Klein did refer to the Honorable Judge Floyd as being "Wayne Reaud's butt boy." If Gus or Sam can check their archives, I'm sure they will find that quote. It was a the talk around the courthouse at the time.