Blogger Sued for Defamation

(New York) A Maine-based blogger, Lance Dutson, has been served with a lawsuit by a New York-based advertising firm claiming copyright infringement, defamation, trade libel and injurious falsehood. At issue is Dutson's criticism of the Maine Office of Tourism and its advertising agency, Warren Kremer Paino Advertising (WKPA), New York. Duston comments on his blog thusly:

From MaineWebReport.com:

Getting the sheriff to deliver the suit to me, in front of my kids and neighbors, is the latest freaked-out situation this Office of Tourism has put me in. I have to say this has disrupted the Dutson household a bit, that's what happens when someone files a crushing lawsuit that, if successful, would utterly destroy my life.

So here I am, one man against the state and its contractors, put in the position of shutting up or being pounded by their deep pockets and a wild misconception of what the court system is supposed to be used for. One person who has exposed a cavalcade of incompetence and who has to choose to allow it, or face an onslaught of personal attack and legal action.

This is crap, total crap and I'm not going to fold, not at this point. They've already screwed with me and my family so much, and I will not be bullied into discontinuing my work here. This state agency is wasting money, telling stories, and paying subcontractors who seem more focused on spending their time and money bludgeoning critics with legal threats and lawsuits rather than working to promote Maine tourism.

I've read through Dutson's alleged defamatory posts and found only his thoughtful and clear assessment of the work being done by the Maine Office of Tourism and WPKA. In his evaluation of the advertising campaign, Dutson cites facts which support the contention that Maine taxpayers' money is being wasted by a bunch of incompetents. It appears that way to me.

Many others have expressed their support for Dutson, in the media and in the blogosphere. He's likely going to need it. The legal action taken against him is reminiscent of the tactic the ACLU allegedly uses to silence its opposition. Intimidate by threatening or filing a lawsuit against a respondent who doesn't have the financial clout to defend himself in court.

Hopefully, Dutson will be able to beat WPKA in court and continue blogging. He has written entries which are fact-based and supportable and the case would allow the courts to set in stone a few precedents regarding the relationship of bloggers to the business community.

On the other hand, it appears that the lawsuit filed by WPKA is malicious and probably justifies a countersuit. WPKA should be the party paying damages.