Please also visit QuackWatchWatch & Ilena's Blog & Terry Polevoy vs Ilena Rosenthal

"Quackbusters" Have Giant Court Losses on Two Continents 6/26/2007

Barrett, Polevoy & Grell ordered to answer interrogatories or face further sanctions 9/14/2007

Links

Supreme Court decision of November 20, 2006

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Supreme Court of California Website on this Case

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Recent Press

San Jose Mercury: Justices hand victory to free speech online
Web site can't be sued for postings by others

Perspective: How Web providers dodged a big legal bullet

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Califiornia Supreme Court Shields Web Republishers

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From the Electronic Frontier Federation (EFF): California Supreme Court Rules in Favor of Free Speech on the Internet

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L.A. Times, November 21, 2006: Ruling limits Internet liability

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Calif. High Court Cold to Liability in Online Speech The Recorder 9.05.2006

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AMICI CURIAE - EFF/ACLU  Friends of the Court Brief (opens pdf file)

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SUPREME COURT TO REVIEW CASE AFFECTING INTERNET USERS
ACLU, Northern California PRESS

EXCERPT:

Defendant Ilena Rosenthal noted that this lawsuit is only one of several lawsuits filed by the so-called “Quackbusters” against their critics. Rosenthal believes that the Quackbusters use SLAPPs (Strategic Lawsuits Against Public Participation), such as this one, to intimidate and threaten others into silence. The plaintiffs "are a threat to alternative and complementary medical practices and practitioners," Rosenthal said.

The Ongoing Saga of Stephen Barrett (et al) versus Ilena Rosenthal   ...

“Legions of Web users and Google, Yahoo, Microsoft and other major Internet providers dodged a legal morass Monday when the California Supreme Court ruled they cannot be sued for posting or distributing libelous material written by others.”

This is how the San Jose Mercury News began its article on the California Supreme Court opinion in this case.

In fact, defendant Ilena Rosenthal’s victory in this case greatly affected the lives of any Internet user who may be inclined to repeat the statements of others in online postings, allowing the Internet to remain an open forum for discussion.

See Barrett v. Rosenthal (2006) 40 Cal.4th 33.

UPDATED 12 . 13 .2007

This week the court ruled on the amounts the judges awarded my attorneys.

Here is the ruling in its entirety, awarding my attorneys a total of $430,095.75 after 7 long years of difficult and contentious litigation. (opens pdf file) .

To this day, Barrett is circulating false information as to his loss ... claiming it was due to nothing but a technicality.

From the Supreme Court decision, I quote:

"As the lower courts correctly concluded, however, none of the hostile comments against Dr. Barrett alleged in the complaint are defamatory."

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November, 2006

From the Electronic Frontier Federation (EFF): California Supreme Court Rules in Favor of Free Speech on the Internet

San Francisco - In what is a victory for free speech on the Internet, the California Supreme Court ruled today that no provider or user of an interactive computer service may be held liable for putting material on the Internet that was written by someone else.

Today's ruling affirms that blogs, websites, listservs, and ISPs like Yahoo!, as well as individuals like defendant Ilena Rosenthal, are protected under Section 230 of the federal Communications Decency Act (CDA), which explicitly states that "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

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L.A. Times, November 21, 2006: Ruling limits Internet liability

Excerpt: Rosenthal did not return a call for comment Monday but said on a website that she was gratified by the ruling. She described the litigation as "exhausting" and said it was "intended to silence my voice and exhaust my resources."

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There has been an enormous amount of press coverage and spirited debate on the internet since the ruling.

One piece of disinformation that has been circulating around Barrett & Polevoy & Grell's team, is that the courts have ruled that what I wrote about Stephen Barrett is defamatory.

This is absolutely false ...

From the Supreme Court decision, I quote:

"As the lower courts correctly concluded, however, none of the hostile comments against Dr. Barrett alleged in the complaint are defamatory."

This ruling is an important one for internet providers and hosts of internet chat groups and blogs and individual posters of which there are millions.

Previously, the threat or reality of being sued for what a subscriber posted, could seriously limit open discussions. Much of what is posted on the internet is the work of others. This threat being erased will invigorate discussions on controversial topics ... including breast implants and health freedom.

In fact, the (losing) plaintiffs in this case have a history of suing and of threatening critics with long, expensive litigation such as this one, for merely posting the words of another. They intimidate talk show hosts and ISP's and blog owners with threats of lawsuits in attempts to control messages with which they disagree.

This ruling will shut down meritless suits such as these, designed to intimidate into silence those with conflicting opinions.

Hear Ilena interviewed on Break For News by Fintan Dunne on this Freedom of Speech Issue

 

The sad irony is, that when the Quackbusters sue for 'libel' ... they simultaneously wage vicious smear campaigns.

More on the earlier nearly 6 years of this harassment SLAPP suit ... click here.


Ilena@Work.jpg

Losing Plaintiff, Stephen Barrrett of the so-called:

Twenty years ago, I had trouble  getting my ideas through to the media.

Today, I am the media.

The ever humble, Stephen Barrett

 

Losing Plaintiff, Terry Polevoy of the so-called:

Healthwatcher.net

Quackerywatch

aka

"Vera Teasdale" (alias he hid behind in 50 posts to attack me and others he was suing)

 

Watching the Quackwatch Watchers

Far from being healers in any way, Quackwatch is about ugly Smear Campaigns and SLAPP lawsuits to waste the time, energy, and resources of their many, many targets.

They wage War on every level possible, via Med Boards, meritless lawsuits, smear campaigns, harassing government agencies about those they wish to silence and filling Internet with lies. Many of the Usenet and Blog participants in these campaigns are members of the rag-tag posse. Click logo below for the list.

 

They have recently removed this page from the internet after 6 years after Barrett's long term assistant of their Healthfraud List, Paul Lee (aka Fyslee) was exposed ... this is a webarchive of those that participate in smearing those of us they were suing..

 

Thank you for any tax deductible donation that will help The Humantics Foundation keep the message of the dangers of breast implants before the public.

We have spent 12 years on this Mission ... providing free information on this highly charged, controversial topic.

Today more than ever ... the breast implant industry and their very connected public relations teams have a lot of power to keep their corporate backed message before the public.

Please click paypal below ... credit cards are now accepted.

Thank you very much.

 

 

 

May God grace his precious Earth and stop its Corporate Destruction.

With love from Ilena


Humantics Foundation
Breast Implants: Recovery & Discovery

Ilena Rosenthal, Director
1380 Garnet E-444
San Diego, CA 92109

858/926-5505  phone

Corporate Propaganda in Action

The Fake Persuaders by George Monbiot, The Guardian

"Corporations are inventing people to rubbish their opponents on the internet."

Corporate phantoms by George Monbiot, The Guardian

The PR Secret War Against Activists by John Stauber & Sheldon Rampton

This expose carefully details how the corporations (via their vast publicity teams of lobbyists and those paid to do "public outreach" etc. etc. etc. ) embed themselves into their 'marks' (in our case, the breast implant support system) and "educate" a type of activists by brainwashing them into believing it is for the good of the cause. In 1991, Dow Corning's PR Team admitted in a private memo that their "cover-up is going well" and spoke of setting up their "networks." I firmly believe that the Junk Science / ACSH / 'Quackbuster' enormous network is their proud culmination.

Viral Marketing: How to Infect the World by Flack Group Bivins

(Instructions to paid Disinfo Agents by paid Disinfo Agents)

 

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