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Thursday, February 27, 2014

Dietz v. Perez Case in Virginia Proves that Legal Schnauzer Publisher is Unlawfully Incarcerated

This is Carol, Roger's wife. A Virginia woman took to the internet in 2012 to voice her displeasure with a contractor who had done repair work on her townhouse. That lead to the most recent first amendment case that proves Legal Schnauzer publisher Roger Shuler is unlawfully incarcerated.

Dietz v. Perez holds that a preliminary injunction in an alleged defamation case is an unlawful prior restraint under the first amendment. It's the most recent national case to make that finding adding to the roughly 230 years of U.S. law on the subject.

Jane Perez heaped criticism on Dietz contractors after she felt that they botched the home repair job. She went onto consumer sites Yelp and Angie's List to state her criticism, and Dietz responded by suing her and asking a judge to force her to remove critical comments. The judge refused to grant a full injunction, but he did force Perez to remove comments about two issues. The Virginia Supreme Court overturned that ruling and said that Perez could not be forced to remove the comments. 

Here is a link to a report on the case by the Reporter's Committee for Freedom of the Press: Virginia Supreme Court Reverses Injunction Against Online Commenter.
"A Virginia woman being sued by her home contractor for libel won't have to remove negative comments she posted on Internet review sites about him, the Virginia Supreme Court ruled. 
The state’s high court reversed a Fairfax County Circuit Court judge’s ruling ordering Jane Perez to delete portions of her review of the contractor on Yelp and Angie’s List. In her review, Perez mentioned that her jewelry was missing. She also referenced the outcome of a suit brought by the contractor against Perez for nonpayment. 
The Circuit Court also barred Perez from making similar claims on other online comment sites. 
In a one-page ruling issued on Dec. 28, a three-judge panel of the state Supreme Court vacated the Circuit Court’s Dec. 7 order, saying the injunction was not justified and the lower court did not specify how long it would be effective."
The American Civil Liberties Union of Virginia and a Washington-based advocacy group called Public Citizen helped represent Perez in the case.

Supreme Court of Virginia


Anonymous said...

Will the ACLU help Roger?

Anonymous said...


To quote a conversation between a Yale law educated friend from NY and myself regarding unlawful actions while I was in Alabama:

"They can't do that, this is the United States."


Kathryn Bauman Rubenstein

legalschnauzer said...

Anon @ 10:48 AM -- Are you trying to depress the h*ll out of me?

Anonymous said...

Riley's Boys'
had me removed from an airplane as I was trying to flee Alabama four years ago.

Airport police told me "there is a car waiting for you downstairs".

Had I allowed them to take me to the car without raising Holy H***l, I wouldn't be here today.

Proud to be a whistle blower
against the corruption of the Alabama Justice System and the control of it by Bob Riley.

Unfortunately, being out of office makes little difference where his tentacles reach.

Kathryn Bauman Rubenstein

Anonymous said...

"Washington-based advocacy group called Public Citizen..."

Hm-m-m-m... are you aware that "Public Citizen" was founded by Ralph Nader? A colleague and friend of mine sits on the board of PC and another friend works directly with Ralph. Will see if I can get Roger's predicament on Ralph's radar screen.

e.a.f. said...

well it would appear the judges in Virgina now how to read and those in Alabama don't.

As to "they can't do that, this is the United States" Well they can, they did it. It maybe they were not supposed to but trust me, in Alabama they will do what they want, to whom they want, and when they want. No one has stopped them to date. They think they won the Civil War. Don't confuse them with facts.

With all the interest in Ukraine, you'd think the Obama administration would see the irony of what is going on in Alabama. Russians don't have much liberty when it comes to freedom of expression and neither do people in Alabama. Alabama just has more Walmarts and cars.