Spreadbury v. Bitterroot Public Library et al

Filing 84

RESPONSE to Motion re 70 MOTION for Preliminary Injunction Defendant Lee Enterprises Inc's Response Brief in Opposition to Plaintiff's First Request Injunctive Relief filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit A) (Smith, Jeffrey)

Jeffrey B. Smith

GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street'P.O. Box 7909
Missoula, MT 59807-7909
Telephone [phone]
Telefax [phone]
[e-mail]
Attorneys for Defendant, Lee Enterprises, Inc.

IN THE UNITED STATES DISTRICT COTIRT
FORTHE DISTRICT OF MONTANA
MISSOULA DIVISION
MICF1AEL E. SPREADBURY,

Cause No. CV-1 1-064-M-DWM

Plaintifl
AFFIDAVIT OF
STACEY MUELLER IN SUPPORT
BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON, LEE
ENTERPRISES.INC., and BOONE
KARLBERG P.C.,

OF LEE ENTERPRISES' RESPONSE
BRIEF IN OPPOSITION TO
PLAINTIFF'S REQUEST

INJUNCTIVE RELIEF

Defendants.

Stacey Mueller, first being duly sworn, deposes and says:

l.

I am currently employed as the Publisher of the Missoulian, a

newspaper owned by Defendant, Lee Enterprises, Inc. ("Lee Enterprises"), and
located in Missoula, Montana.

2.
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My current duties

as Publisher include overseeing the

Ravalli Republic,

a newspaper owned by Lee Enterprises, and located in Hamilton, Montana.
3

.

The Missoulian and the Ravalli Republic publish articles on their

websites and allow readers to make comments on the

articles. Neither the

Missoulian, Ravalli Republic, nor Lee Enterprises has a written policy regarding
editing the comments made by readers on the newspapers' website. Generally,
comments

will only

be deleted

if

an online commentator makes a direct health

threat to another individual or if an on-line commentator uses extreme profanity.

4.

I have personally reviewed the articles published by the Ravalli

Republic and the Missoulian involving Plaintiff, Michael Spreadbury

("Spreadbury"), and the subsequent comments made on the Ravalli Republic
website.

5.

All of the comments

made on the Ravalli Republic newspaper website

were made by third-party, on-line readers.

6.

The Ravalli Republic did not encourage, create, or otherwise develop

the comments.

7.

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The Ravalli Republic has not altered or otherwise edited the comments

made by third parties on the newspaper's website.

I declare under penalty of perjury that the foregoing is true and correct.
Further Affiant sayeth not.

DATED this

q4

day of August, 2011.

Signed and swom to before me on the

day ofAugust, 2011, by Stacey

Mueller.

(Type or print name)
NOTARYP
C FOR TIIE STATE OF MONTANA
Residing at
Montana
r'<
My commission expires:

N

HECKER

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UTTRISTINE

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