(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. |
