COUNTY OF SANTA CLARA
ECLIPSE AVIATION CORPORATION,
JOHN DOE; JANE DOE; ET AL.
MOTION TO QUASH AND SUPPORTING MEMORANDUM
OF POINTS AND AUTHORITIES"
This is how the defense is structured. The 'motion to quash' seeks to stop the Eclipse action, and offers a full description of supporting precedent. It is not my purpose to repeat the entire contents but I think a few points are worthwhile posting. My comments, inserted for clarity, are in italics
"Disclosing the identification of such posting identities (legal term for bloggers' names etc) violates the constitutional protection guaranteed by the First Amendment to the United States
"To the extent that the guarantee of anonymity implicated in the First Amendment to the United States Constitution are qualified privileges, the Plaintiff and proponent of the Deposition Subpoena has made no showing that the speech in question falls outside the protected category of free speech."
These are the key points. First, disclosing the names and addresses of the named bloggers breeches First Amendment rights, and second, Eclipse have made no attempt to justify why this central constitutional principle should be ignored by the CA courts. Several cases have been cited, including U.S. Supreme Court actions, as well as Californian and other State courts.
So, Eclipse are now aware of the depth and strength of the team that Gunner has been kind enough to put at 'our' disposal. Be aware that no individual blogger is identified in the defense documents. 'Our' lawyer, Norman Malinski of Aventura FL, is aware of at least one of the 'honor roll' who is prepared to be identified, if required. I am confident that Eclipse face an uphill battle if they choose to continue with this action, not least in the court of public opinion.
I will also state that anyone who has ever contacted me has been dealt with promptly and fairly. If Eclipse feel that a specific post is wrong, incorrect, or generally want to work things out in a professional manner, they know the email address.