Spreadbury v. Bitterroot Public Library et al

Filing 93

REPLY to Response to Motion re 70 MOTION for Preliminary Injunction filed by Michael E. Spreadbury. (APP, )

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Michael E. Spreadbury 700 S. 4th Street Hamilton, MT 59840 Telephone: (406) 363-3877 mspread@hotmail.com Pro Se Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) Cause No: CV-11-64-DWM-JCL MICHAEL E. SPREADBURY Plaintiff ) v. ) BITIERROOT PUBLIC LIBRARY, ) RESPONSE TO CITY OF HAMILTON, ) DEFENDANT LEE LEE ENTERPRISES, INC., ) IN RE: INTERNET BOONE KARLBERG, PC, ) COMMENTS ) Comes now Spreadbury with reply to Defendant Lee Enterprises Inc. with respect to liability of third part internet comments defamatory to Spreadbury. Brief in Support Defense Counsel for Lee Enterprises erroneously purports that Defendant Lee is immune from liability from third party comments in the aforementioned using 47 1 Plaintiff Reply to LEE: online comment liability Cause 9: ll-CV-1l-64-0WM-JCL usc § 230 (c) (Communications Decency Act). August 12, 2011 The act protects internet providers, listserv managers and public internet exchanges not newspapers, magazines or television Batzel v. Smith 333 F4;lat 1026 (9th cir. 2003) citing Blumenthal v. Drudge 992 F. Supp 44 49 DDC (1998). The intent of §230 (c) (1) was to provide liability protection to internet providers such as AOL, Quest, and public listervs, an automotive forum website where public comments are put up by registered users, other registered users respond. The Website www.RavalliRepublic.comis a proprietary site of Defendant Lee Enterprises and their newspaper The Ravalli Republic, a Defendant in this case. The main function of the Ravalli Republic is to publish news stories as a newspaper. The public cannot obtain internet services from the Ravalli Republic Newspaper, and therefore is not an internet services corporation protected in 47 USC §230 et. seq. The publisher of a newspaper where the statement originally appeared may be held liable even without notice (from the damaged party) Barrett v. Rosenthal 146 P. 3d 510 Cal Supra (2006). Public comments from one Ravalli Republic article September 2009 imputed severe psychological illness a defamatory per se liability for Defendant Lee 2 Plaintiff Reply to LEE: online comment liability Cause 9: ll-CV-11-64-0WM-JCL August 12, 2011 Enterprises, recognized US Magistrate Lynch in the aforementioned prior what appears to be a reversal; more evidence ofbias towards Spreadbury. In the Batzel court, the 9 th Circuit Court ofAppeals stated: Congress decided not to treat providers of interactive computer services like other infonnation providers such as newspapers, magazines or television and radio stations, all ofwhich may be held liable for publishing or distributing obscene or defamatory material written by others [emphasis added]. Batzel v. Smith 333 F. 3d at 1026 (9th Cir., 2003) Defendant Lee Enterprises misrepresenting themselves to court internet provider protected from online comments published on newspaper propriety website identified in 2nd Amended Complaint (TR.# 10) to release liability from defamation. Misrepresentation of liability protection by Ravalli Republic pled Sprunk v. First Bank W. Missoula 288 Mont at 174 (1987). 1. Defendant Ravalli Republic (hereafter: RR) is aware of falsity presented to court that Defendant Lee enterprises is an Internet Service Provider (ISP). 2. RR is not an ISP but a newspaper publisher. 3. RR improperly benefiting from improper classification as ISP-protection from 47 USC§ 230 et. seq. 3 Plaintiff Reply to LEE: online comment liability cause 9: ll-CV-11-64-0WM-JCL August 12, 2011 4. RR is aware of falsity of claim ofISP. 5. RR is intent that court should act on falsity. 6. Spreadbury, Court misrepresented, ignorant of falsity. 7. Court relies on representation, acts to protect RR improperly. 8. Court does not expect RR to present misrepresentation. 9. Spreadbury defrauded in proper upholding of the lawful precedent in court, redress of injury from RR defamation, deprivation of right. Publisher of newspaper Defendant Lee liable for comments on site defamatory to Spreadbury as pled in 2 nd Amended Complaint (TR. # 10) ~50, ~51, elsewhere. Certificate of Compliance From LR 7(d)(2)(E) US District Court Rules Montana, I certify that this brief conforms with 14 point font, New Times Roman typeface, is double spaced, contains 525 words excluding title page, this compliance. Respectfully submitted . BY:____~--4-~~----~~--____- - - - ­ Michael E. Spreadbury, elf Represented Plaintiff 4

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