Monday, February 25, 2013

Texan files lawsuit against Google, anonymous blogger

A Texas man who recently filed a defamation suit against Google and an anonymous blog author and two people commenting on the website hosted by Blogspot.,com said about 30 people called him to offer support and to join in the legal action.

John Margetis, who filed the lawsuit Feb. 19 in the 95th Judicial District Court of Judge Sheryl McFarlin, called the blog author, who goes by the name of "Ginger Snap," and two commentators, identified in the lawsuit  under the screen names of "OReader" and "Ollie Reader," "dirty, filthy liars" in a telephone interview today. Margetis said he plans to do whatever it takes to legally force the blog author to remove remarks about him that he considers libelous.

"They can't hide behind these screen names," Margetis said. "They are about to find out there are serious ramifications for telling filthy blatant lies about people."

Margetis alleges that the blog author and the two commentators libeled him by claiming that he was involved in a homosexual relationship with former Ellis County Observer blog author Joey Dauben who recently was sentenced to 30 years in prison after a jury convicted him of raping a 14-year-old male teenager in 2007.

"That is bullshit," said Margetis of the allegation that he was ever sexually involved with Dauben. The blog apparently was originally conceived to focus on Dauben and was named Joey Is A Little Kid. A national organization named Lawless America has become the focus of its attacks since Dauben's conviction and imprisonment.

The filing of the Margetis lawsuit was first reported by the Dallas Observer on its blog last week at .

Although Judge McFarlin granted Margetis a temporary restraining order against Google and the three "John Does" identified by screen names, the judge dismissed it today after Google filed a motion to dissolve it based on it being a violation of the Texas and U.S. Constitution and that the petition was defective because it did no comply with Texas Rules of Civil Procedure. Google also argued that it was immune from legal action in regard to alleged defamatory statements under provisions of the Communications Decency Act.

Margetis said the setback would not deter him, and that he would be in court on March 14 for another hearing.

Over the weekend, the blog's author, Ginger Snap, acknowledged the lawsuit when a commentator posted the Dallas Observer link in the comments section. Ginger Snap responded, "Yes, there are quite a few slimeballs out there crying themselves to sleep each night trying to figure out who the hell Ginger Snap really is. It makes me so happy."

In a subsequent post, Ginger Snap said that the facts of the lawsuit are incorrect, and that OReader and Ollie Reader never made any comments about Margetis. Ginger Snap said the question about whether Margetis and Dauben were homosexual lovers was raised, but the allegation was not stated. Ginger Snap described Margetis as a "fraud and a liar."

"That's my opinion, and once again in free speechville, I'm allowed to have one," Ginger Snap said.

The blog, which formerly operated on, was relaunched on after it was shut down by the original hosting company for alleged hate speech.

All of the blog posts, including the one about which Margetis has sued, were transferred to the Google system.

Before the lawsuit was filed, all of the old blog posts were available for the public to read. As of today, March 1, the old blog posts are available to read by "invited guests" only.

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