Off Topix: Hawkins clerk of courts su...

Off Topix: Hawkins clerk of courts sues anonymous blogger

There are 118 comments on the Kingsport Times story from Jan 9, 2013, titled Off Topix: Hawkins clerk of courts sues anonymous blogger. In it, Kingsport Times reports that:

One Hawkins County official who was a victim of malicious false allegations of infidelity on a popular Rogersville online forum last year wants cyber bullies to know there is no such thing as total anonymity on the Internet.

Join the discussion below, or Read more at Kingsport Times.

an opinion

Kingsport, TN

#84 Jan 13, 2013
I never understood how it got started that it was Davis. The first thread said the woman involved was prominent and from old money. While Davis is a nice woman from a nice family, she isnt particularly prominent or from old money.
main street

Columbia, TN

#85 Jan 13, 2013
an opinion wrote:
I never understood how it got started that it was Davis. The first thread said the woman involved was prominent and from old money. While Davis is a nice woman from a nice family, she isnt particularly prominent or from old money.
OUCH! that post will get you sued!
OleKmartFamilyMe mber

United States

#86 Jan 13, 2013
I'm so proud of her! Not only did she win the election but she's taking a stand against you coward ass son-of-a-bitches that get on here and spread lies, rumors, and filth and THINK you can hide behind your computer and not be prosecuted. How ignorant are you really? Do you think you're invisible? Setting there smoking your Pall Malls... typing on your half busted five year old computer, checking your food stamp balance online, and scratching your ass all while slandering someone on this website!!! Well..... I think she has made it clear...youre NOT invisible..and here in a couple weeks.... she and her attorney will name this person publically...... everyone will at least know the name of one of you...that get on here trying to wreck peoples lives.
Uhm

Jefferson City, TN

#87 Jan 13, 2013
Why didn't you post your name?
Mike

Chatsworth, GA

#88 Jan 13, 2013
OleKmartFamilyMember wrote:
and THINK you can hide behind your computer and not be prosecuted.
Nobody is being "Prosecuted" they *might* get sued for a judgement and they might lose the suit but nobody is being prosecuted as you say it.
Wonder

Sevierville, TN

#89 Jan 14, 2013
why nobody has commented on the latest news from topix, that they WILL NOT protect the identity of the person being sued. Uh oh...looks like someone's in trouble.
Funny

Johnson City, TN

#90 Jan 14, 2013
http://www.timesnews.net/article/9056083/topi...

"There’s something about the Southeast where sexually salacious libel seems to be a tool of gossip, much more so than other parts of the country, which is disturbing, Tolles said."

See that. Your "bible belt" adds to the problem.
duh

Nebo, NC

#92 Jan 14, 2013
“That’s what being American is all about — being able to make vague accusations against public officials. It is totally fair game to cast vague aspersions toward our public officials, and if you’re an elected official, you should be able to handle some heat.”

......He added,“It comes down to, consider the source. If someone is going to anonymously snark at you, don’t take it so seriously. If someone is taking it over the line, we’ll take a look at it, but people do have the right to say silly things on the Net.”

Topix CEO Chris Tolles
defeating purpose

Forest City, NC

#93 Jan 14, 2013
Trying to stop gossip the lawsuit may be picked up by national media which will spread the story all over the world with pictures and each reporter's own spin.
Mike

Chatsworth, GA

#94 Jan 14, 2013
defeating purpose wrote:
Trying to stop gossip the lawsuit may be picked up by national media which will spread the story all over the world with pictures and each reporter's own spin.
Yes, you are correct. Even now many more people have heard the whole thing from the news stories about it than EVER saw it on TOPIX.

Another thing.....Sarah Lee Davis really needs to get a thicker skin if she is going to be in politics.
sillyfish

Mount Juliet, TN

#95 Jan 14, 2013
Mike wrote:
<quoted text>
Yes, you are correct. Even now many more people have heard the whole thing from the news stories about it than EVER saw it on TOPIX.
Another thing.....Sarah Lee Davis really needs to get a thicker skin if she is going to be in politics.
Yes, you are correct. More people will know about this than before, but now they will know the TRUTH.
Sally

Morristown, TN

#96 Jan 15, 2013
OleKmartFamilyMember wrote:
I'm so proud of her! Not only did she win the election but she's taking a stand against you coward ass son-of-a-bitches that get on here and spread lies, rumors, and filth and THINK you can hide behind your computer and not be prosecuted. How ignorant are you really? Do you think you're invisible? Setting there smoking your Pall Malls... typing on your half busted five year old computer, checking your food stamp balance online, and scratching your ass all while slandering someone on this website!!! Well..... I think she has made it clear...youre NOT invisible..and here in a couple weeks.... she and her attorney will name this person publically...... everyone will at least know the name of one of you...that get on here trying to wreck peoples lives.
A little harsh don't you think! ahahaha
plank in your eye

Nashville, TN

#97 Jan 15, 2013
Sally wrote:
<quoted text>A little harsh don't you think! ahahaha
Are you one of the Kmart gossips? You know, one of those who talks gossip behind everyones back, whether true our untrue, with your buddies yet gets mad when someone talks about you?
betch ya

Saluda, SC

#98 Jan 15, 2013
I have never been to rogersville..but If this women sues and the defendant shows "some" proof of the accussation being made by the defendant...the attorney AND the plantiff better get ready to write some checks, because if I was on the jury...You are in trouble.

All the defendant needs to do to get out of this "horse-crap" is say, " i thought it was this woman, with a retraction'..

The newspaper having been doing it for years.

The attornies see this as another way to make money...
But they better be carefull...Someone may have more money to spend on a "better" attorney..

But I am NO attorney..what do I know...
Freedom of Speech is ONLY fo the privileged..
willy

United States

#99 Jan 16, 2013
If it goes to a jury, they will never get a conviction. I really think they done it to try to scare people out of criticizing local officials. Mrs. Davis would have been better off to have left it alone. Most people had forgot about it. Now that its been in the news everyone is talking about it. But people should not post lies on Topix. There is enough true scandals going on in this county to talk about anyway.
Historian

Johnson City, TN

#100 Jan 16, 2013
"The way Topix retains its immunity from lawsuits is that it is simply an Internet service provider that doesn't editorialize or review the comments posted. That's obviously not true because apparently they’ve got some kind of filter that filtered out something in my notice." Phillips added, "I've got to consider now whether or not I think this removes the immunity from Topix and whether or not I should add them as a party to the lawsuit."

Any ISP can have automated software that sniffs at email traffic, on the lookout for kiddie porn images being passed back and forth between email accounts. Should that software intercept, the material quarantined and law enforcement notified, it does not result in the ISP becoming a defendant in that specific kiddie porn trafficking case simply because some “thinking” lawyer operates on the premise that automated software is a form of 'editorializing' that removes their immunity.

The automated Topix phone number filter is no different than any automated kiddie porn filter. Both are used for the protection of innocent people, and neither is a tool used for flat-out random editorializing.

On a website like the Knox News comments section, yes, they editorialize. That’s what they do, editorializing is their day job. Topix is distinctly different.

The better question to ask is why the lawyer used Topix as an atypical vehicle for his legal notice in the first place, creating his own kerfuffle in that regard. Usually, there are legitimate conduits for legal notices, and people who publish legal notices (newspapers) are required to publish those notices as-is, with any errors, omissions, and misspellings left intact. Who on earth would ever think Topix constitutes a proper vehicle for such legal notifications?

And for the lawyer to attempt to post a legal notice without even contacting the owner of Topix before doing so?

Cyber-bullying vs. the keystone cops using the legal system to scare forum posters into submission. Is there really any difference between the two acts?

Jury, you decide!
Mr Ms Anonymous

United States

#101 Jan 16, 2013
I ain't scared Hell I ain't even anonymous. But if I was anonymous nobody would know my name. When people knew my name I would no longer be anonymous therefore the lawsuit would not affect me. (I know,This sorta sounds like government logic.)
truth

Jonesborough, TN

#102 Jan 16, 2013
Historian wrote:
"The way Topix retains its immunity from lawsuits is that it is simply an Internet service provider that doesn't editorialize or review the comments posted. That's obviously not true because apparently they’ve got some kind of filter that filtered out something in my notice." Phillips added, "I've got to consider now whether or not I think this removes the immunity from Topix and whether or not I should add them as a party to the lawsuit."
Any ISP can have automated software that sniffs at email traffic, on the lookout for kiddie porn images being passed back and forth between email accounts. Should that software intercept, the material quarantined and law enforcement notified, it does not result in the ISP becoming a defendant in that specific kiddie porn trafficking case simply because some “thinking” lawyer operates on the premise that automated software is a form of 'editorializing' that removes their immunity.
The automated Topix phone number filter is no different than any automated kiddie porn filter. Both are used for the protection of innocent people, and neither is a tool used for flat-out random editorializing.
On a website like the Knox News comments section, yes, they editorialize. That’s what they do, editorializing is their day job. Topix is distinctly different.
The better question to ask is why the lawyer used Topix as an atypical vehicle for his legal notice in the first place, creating his own kerfuffle in that regard. Usually, there are legitimate conduits for legal notices, and people who publish legal notices (newspapers) are required to publish those notices as-is, with any errors, omissions, and misspellings left intact. Who on earth would ever think Topix constitutes a proper vehicle for such legal notifications?
And for the lawyer to attempt to post a legal notice without even contacting the owner of Topix before doing so?
Cyber-bullying vs. the keystone cops using the legal system to scare forum posters into submission. Is there really any difference between the two acts?
Jury, you decide!
i agree with you . calling out this person or the ip address dont prove anything can they prove beyond a showdow of a doubt who used that computer to make the comments ? or if this women was named was the exact on e how many sharia Davis is in tht county...what your thoughts
Obvious

Bristol, TN

#103 Jan 16, 2013
When a lawyer files a legal notice, for example, in support of a bank's foreclosure on a home, he must do it in a newspaper in the county. And the newspaper charges for legal notices, between $600 and $800 for a foreclosure ad published in 3 consecutive issues. The laywer that is doing the work on behalf of the foreclosing bank actually has some of his own $$$$ in the game, which he makes back in his charges for legal services to his client, the bank.

Was there a legal notice about this published in any of Hawkins County's newspapers? Was he charged for it, and did he pass that cost on to his client?

Posting a legal notice here on topix may be free, but its about as legitimate as posting a house foreclosure notice on the "I need a ride" bulletin board in the commons building at a university. Or as legitimate as posting a house foreclosure notice on a telephone pole right below the spot where people usually tack up their yard sale signs.

When the lawyer came here to a website that has no official space for legal notices like a newspaper has, he has none of his own $$$$ for appropriate legal advertising in the game. So what does that tell you?

If I were the owner of Topix, and I decided to open my website up for use to post legal notices, I would charge the same $800 for 3 days of a post's existance on my website.
crazy

Jefferson City, TN

#104 Jan 16, 2013
All of these coments, good for her, and im so thrilled she done this. How many of those came from her? Im sure more than one or two. The spotlight was on her during the election then it dimmed down some. Now its wide open again.....just like she wants it to be. Gossip is gossip, let it go and move on.

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