[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Pick your Socialist President 2020

Here's a List of All the Stuff 'Nanny' Bloomberg Has Tried to Ban

Voter Data From Trump's Arizona Rally Should Scare The Hell Out Of Democrats

Shocking Video Shows Cop Execute Unarmed Grandpa for Walking Toward Him

A Michigan Police Task Force Is Playing Jurisdiction Games To Avoid Compensating an Innocent Man Cops Put in the Hospital

What is the 'boogaloo?' How online calls for a violent uprising are hitting the mainstream

Dealing with AGWs?

Movie Review: Vanishing Point (1971) : A libertarian perspective

Federal Judges Meeting Will Target Trump And Barr, Report Says

NSC adviser 'is to be reassigned' amid DC rumors SHE is the infamous 'Anonymous' behind anti-Trump NYTimes op-ed and book 'A Warning'

Off-Duty Cop Follows Woman Through Parking Lot, Attacks Her—Taxpayers Shell Out $125K

New Witness Corroborates Accusation That Mike Bloomberg Told Pregnant Employee to 'Kill It'

Cops Stop Veteran with PTSD for No Reason, Savagely Taser and Hit Him Over 30 Times

The Student Debt You Willingly Took On Is Not My Problem To Solve

Virginia: Gun Ban Bill Defeated!

Democrats fear Republican sabotage in key Senate race

Trump Supporters Are George W Bush Supporters LARPing As Ron Paul Supporters

US closes case against ex-FBI boss McCabe with no charges

Pelosi: A.G. Barr 'has deeply damaged the rule of law'

More Victims Discovered After Cop Caught on Video Planting Meth on Innocent People

PasTor Who Prophesized 4 Years Ago ... AbouT Kanye WesT’s ChrisTian Conversion Makes PredicTion --- AbouT PresidenT Trump’s Chances Of Re-elecTion

Senate Democrats queasy over Sanders as nomin

John Kelly Finally Lets Loose on Trump

Thursday, February 13, 2020 Trump breaks New Hampshire record for voter turnout for any incumbent president

Instrumental 9 year old guitarist Taj Farrant plays Chris Stapleton "Tennessee Whiskey" on his Gibson SG and Elixir strings Marshall amp

The Ten Most Destructive Americans of Eight Decades

Nancy Pelosi’s Staff Demands Takedown of ‘Deceptively Altered’ Video of Her SOTU Tantrum

OKC - A Conspiracy Theory

#FlashbackFriday when Vindman perjured himself and @RepBradWenstrup caught him.

Biden Calls Skeptical New Hampshire Voter ‘a Lying, Dog-Faced Pony Soldier’ (The dust-up came after the voter asked whether he can rebound from Iowa)

Trump's resilience ... causes DemocraTs --- To sound The alarm

Hillary Clinton Comments on Potentially Joining Democratic Ticket as VP Nominee

Cop Found Passed Out Drunk in Patrol Car On Duty in Traffic, 5X Over Legal Limit—No Charges

‘Clearly Guilty’: Fox News’ Judge Andrew Napolitano Says Trump Could Be Impeached Again

City Officials Want To Clamp Down on Dragon's Ascent, a Video Game That Pays Skillful Players

Trump touts Space Force, moon and Mars plans in State of the Union address

Horrifying Video Shows Cops Surround Sleeping Pregnant Mother and Execute Her

Police Called to School After 6-year-old Girl With Down Syndrome Made a ‘Gun’ with Her Finger

Midwife Gets Charged with 95 Felonies by State of New York for Delivering Babies

Pelosi’s Speech-ripping Stunt: a Perfect Metaphor for What She’s Done to America

Undercover Cops Hired 118 Handymen, Then Arrested Them All for Not Having Licenses

Florida trooper shot dead by stranded driver on interstate

Senate Acquits Trump on Impeachment But Romney Dissents

Stomach-Turning Video Catches Cops Abusing Kitten, Spitting Inside, Destroying Property

NO JAIL for Cop Guilty of Responding to Domestic Violence Call by Raping the Victim

Kirk Douglas, Indomitable Icon of Hollywood’s Golden Age, Dies at 103

Video Clearly Catches Cop Stealing Cash from a Home and He’s NOT Arrested

CNN is Angry That White People Are Trying to Stop the Coronavirus Spreading

Everyone's A Criminal

Nancy Pelosi rips paper after Donald Trumps's State of the Union Speech


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Home Owners Association Threatens Residents With Lawsuit For Online Criticism
Source: Tech Dirt
URL Source: https://www.techdirt.com/articles/2 ... lawsuit-online-criticism.shtml
Published: Jan 31, 2020
Author: Mike Masnick
Post Date: 2020-01-31 06:42:27 by Deckard
Keywords: None
Views: 60
Comments: 2

from the not-how-any-of-this-works dept

The fights involving Home Owners Associations (HOAs) are so legendary and stereotyped that they've even been a minor plot point in Seinfeld. The general stereotype is that HOAs involve insane political power struggles, significantly out of proportion to the actual issues at hand. It is often an example of Sayre's law, in that the stakes are so little, yet the disputes are much more vicious and out of control than elsewhere. I'm thankful I don't live in a place with an HOA, but for many years I did (as a renter, not an owner) and remember receiving a long (7 pages typed, I believe) letter from an owner complaining about HOA battles and claiming that he was afraid to go to the next HOA meeting for fear of being shot by another HOA member, and going on and on about threats of violence.

In other words, petty squabbles in HOAs all too frequently get blown way out of proportion, and people take them way too seriously. So, it's perhaps of little surprise that an HOA in Gilbert, Arizona, is taking things so far as to violate the 1st Amendment, and is threatening to sue residents over social media posts. Perhaps not surprisingly, the community in question has the type of name that would fit in well with Seinfeld's Del Boca Vista. In this case, it's Val Vista Lakes (VVL).

Following elections, the board proposed a social media policy restricting opinions about the board on Facebook. It was vehemently opposed by the community and quickly tabled.

Then a letter from a law office representing the board showed up at Nardecchia's home.

"They are threatening if I don't remove any content that frames certain members of the board in a negative light," said Nardecchia.

Threatening her with $250 daily fines as well as taking away her access to community amenities.

The letter was sent from a law firm paid for by HOA fees to at least eleven residents.

Other HOA members received similar letters:

The letter demands posts that are disparaging, speculative or defaming to board members be removed immediately. It also cites past incidents including posts that said that board members altered or manipulated votes in annual elections and that board members purposefully retaliated against members in the association. Opinions that now come with consequences.

"I really do believe in that freedom of speech. We are a diverse community with diverse opinions and views, and we should be able to share that and have a discussion about that." said Nardecchia.

That last line of the first paragraph above is quite incredible: "opinions that now come with consequences." While it's not quoted, it sounds like something that may have been said in the letter, as it's a line we all too frequently hear from those filing or supporting bogus SLAPP-style lawsuits over free speech, that "speech has consequences." Of course, they are misunderstanding what that means. Speech has social consequences in terms of how others in the community view you, and on your reputation and trustworthiness. What opinionated speech cannot have under the 1st Amendment of the constitution, is legal consequences that chill and intimidate free speech.

The article discussing all of this, from the local ABC affiliate in Arizona, concludes with a fairly understated comment reflecting what actual 1st Amendment lawyers told the news station:

At least two attorneys focused on constitutional law, told ABC15 the board is over stepping their authority and may want to take a closer look at the protection found under the first amendment.

May want to take a look? Uh, yeah. You can't sue people for stating opinions about you on social media. That's kind of a core aspect of the 1st Amendment.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

You can't sue someone for having opinions, but you CAN reply that their lawsuit is frivolous (clearly violative of the First Amendment), and you CAN file a complaint with the State Bar Association against the attorneys who made the threats.

Vicomte13  posted on  2020-01-31   11:12:24 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

" You can't sue people for stating opinions about you on social media. "

Or, if you are floating down a river.

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

"No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson "

People that say money can't buy you happiness, have never paid an adoption fee

Stoner  posted on  2020-01-31   11:14:15 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com