bodybuilding.com Store SuperSite BodySpace Forums
BodySpace  
Home BodyBlogs News Member Listing Help

deserusan

"To help set a new standard and level of trust in the supplement industry through innovation, stringent quality control, and better results experienced by all."

View deserusan's:

Contact deserusan:
Send Private Message
Leave Comment for deserusan Leave Comment

deserusan's Stats for Legal Precendent Set On Bodybuilding.com?
Created:10/25/2007
Last Modified:10/25/2007
Total Comments:2



Legal Precendent Set On Bodybuilding.com?

As mentioned in my previous entry BodySpace member k3v is in some serious trouble after threatening the life of the President of the United States in the infamous ?misc? section of the forum a few days ago. After the brevity of the situation set in and new developments have included Bodybuilding.com served with a federal subpoena I must say I truly feel bad for all parties involved. Here is the subpoena served to Bodybuilding.com yesterday:

 

Click to see the full document
In this day and age what you say on the internet can get you in serious trouble no matter if you are right or wrong. I myself had my screen name appear on a federal court docket for defamation and assault for posts I made on the forum regarding a certain supplement company. Even worse, everything I said was true and referenced from mostly Food and Drug Administration records. I wonder if the federal judges in both Idaho and Illinois are aware of this? If they aren’t, and my information is released, they certainly will be with flying colors and then some.    

 

 

 

Had I done this while working for my current company there would be some obvious merit to the claims, but they were made when I was just another unaffiliated forum member, albeit a mouthy one. Regardless, this just goes to show you that whether right or wrong, you can be held accountable for just about anything you say, especially when it is print. Fortunately, there are laws in place to protect citizens from frivolous lawsuits filed solely to hurt you in the pocketbook, and not necessarily to find you guilty of criminal intent.

In my case and the current issue with k3v, Bodybuilding.com has acted admirably in defending their customers. Unfortunately, k3v’s defense won’t hold much water because threatening to kill the president is outright moronic and not covered under Anti-SLAPP legislation. Fortunately for me, the case which was filed in Northern Illinois Federal Court is covered under Anti-Slapp legislation.

“A Strategic Lawsuit Against Public Participation (”SLAPP“) was originally defined as a lawsuit involving communications made to influence a governmental action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or organizations on a substantive issue of some public interest or social significance. It has been defined more broadly by some to include suits arising from speech in connection with a public issue, This form of litigation is frequently filed by organizations or individuals to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition. The acronym was coined in the 1980s by University of Denver professors Penelope Canan and George W. Pring.”

Yes, I could state whatever fact I wanted to about this supplement company before I worked in the industry which is what I certainly did. They did put people in the hospital, they did use certain deplorable ingredients in their products, and they certainly didn?t understand the dynamics of forum culture here on Bodybuilding.com. If they did, they would have not named minors, unaffiliated members, members who have won previous class actions lawsuits after getting permanent liver disease from taking their products, and people like me were just concerned citizens at the time in a lawsuit exercising their freedom of speech.

I wonder if a certain lawyer realizes this law has been passed and the fact I was a strong consumer rights activist exercising his freed of speech prior to my recent affiliation? I wonder if he realizes a certain “player” with this company filed bankruptcy and hid assets in order to not pay damages for personal injury in class action lawsuits against the very people they are trying to sue at present? I wonder if that lawyer realizes how far Illinois General Assembly Public Act 095-0506 passed in late August of this year is going to get shoved up his client’s ass for wasting the federal government’s precious time with a SLAPP suit:

I guess the lesson to be learned here is that you as citizens should know the boundaries of your rights with regards to freedom of speech. Everyone here has the right to voice their opinion however, you can be held liable for your actions when it is put into writing or broadcasted for the world to see and hear. Fortunately, there are laws in place which can protect you from insidious entitities who are quick to silence the voice of criticism. However, there is a line drawn when it comes to threatening national security which is certainly going to put a 17 year old forum member in quite a bind.

 Fortunately, that same line doesn’t apply to a loud mouth prick like myself speaking truths about one of the truly disgusting organizations which has continuously infected both the federal government’s and public’s opinion of the supplement industry. I believe the truths which were exposed about them are now on the verge of once again being revealed in a federal court of law. This time they won’t be able to declare bankruptcy for the error in their way and escape the wrath of American justice. 

2 Responses to “Legal Precendent Set On Bodybuilding.com?”


  1. Sam Says:

    Hi,

    I work for the Citizen Media Law Project, and we are creating a database of "legal threats" to citizen journalists and bloggers. This includes information about cases, cease-and-desist letters, subpoenas, etc. I’d be interested in reading the full text of the subpoena that you received, but the link above is not a live link. Could you send me a copy and/or other information about the case, so that we can create a database entry and description?

    Best regards and good luck,
    Sam


Leave a Reply



Member Login

Sign in for more FREE features and tools!

Username or
Email Address:
Password:
Remember Me


New to Bodybuilding.com?
Sign Up Now It's FREE!



Lipo6 Black