Staffers For Rep. Mike Rogers Apparently Claim They Could Sue Me For Defamation

from the probably-not-a-good-idea dept

I had a fun phone call with a reporter in Michigan earlier today who is apparently working on a story about Rep. Mike Rogers. In doing some research for the article, he spoke with staffers in Rogers’ office about some of the things I’ve written about Rogers and his position on internet surveillance and cybersecurity. The reporter told me that the staffers said they’re “well aware of” me, but that they felt I was “an extreme liberal” and that I was using “liberal” talking points to attack him. Also, according to this reporter, they said that they could sue me for defamation concerning things I’d said about Rogers. Yes, it’s come to this.

We stand by the things we’ve written about Rep. Rogers and find it rather unbecoming of an elected official to try to chill the free speech of those who criticize his statements and actions with implied threats of lawsuits to silence their public participation.

Furthermore, it’s telling that Rogers’ office apparently jumps to the false conclusion that my criticisms of his statements and actions come via some sort of “partisan” prism. As I have stated repeatedly, I don’t easily self-identify into the standard “left/right” political spectrum, because I don’t judge things based on any sort of partisan framework. I have been equally critical of politicians who are considered “liberal” as I have been of those who are considered “conservative.” My opinions are not rendered via a partisan filter, but what I consider to be what is best for this country.

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Comments on “Staffers For Rep. Mike Rogers Apparently Claim They Could Sue Me For Defamation”

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96 Comments
Hephaestus (profile) says:

Re: Re: Suggested response:

Tim if it isn’t in big media, or on the drudge report, they think it doesn’t exist, and will have no effect. Todays politicians still believe it was a small group of large internet corporations that caused the SOPA revolt. They can not conceive of a world where newspapers and the talking heads on TV have have lost influence. They are disconnected from the reality of what is occurring.

So that isn’t a tip off, it is a joke at Mike Rogers expense.

Andrew says:

Re: Re: The church has always done that ...

… tells them to support those that are less well off, love one another…

See – this is true as well. Your statement does not really make any point as it is too general. Do all these organizations sometimes or always do this, or only sometimes. And is this part of human nature or is it exclusive? Hmmm… oh yes… – it is general to human nature and only occasionally true of some organizations. Specifics please. I am quite happy to support specific examples, but this is too broad. And if you were thinking of quoting the Galileo case, then you have a lot of reading to do – http://tofspot.blogspot.hk/2013/08/the-great-ptolemaic-smackdown.html

Pragmatic says:

Re: Re: Re:

I’ve seen this on both sides of the imaginary fence, from both liberals and conservatives because I have chosen to be moderate. I managed to get an explanation from one of them (I won’t tell you which side of the aisle she was on), but basically it’s about not knowing which side you’ve chosen to take.

That’s right, not choosing to pick a side means it’s unlikely that you’re supporting them, and by NOT ACTIVELY supporting them, you’re passively supporting the other side, like a bystander observing a crime and not even calling the police.

The fact that they take it so personally puts me off of having anything to do with any of them, whichever end of the spectrum they’re on.

Have you noticed that when one side lurches to a further extreme, they immediately assume that the opposition has also become more extreme?

Anonymous Coward says:

If Rogers had any balls whatsoever...

…he would show up here and engage in debate. But of course he doesn’t — too cowardly, you see. He’d rather use the implied threat of litigation to try to silence those who are superior to him, since he knows that in a fair fight he and his inferior intellect would lose badly.

Anonymous Coward says:

Re: If Rogers had any balls whatsoever...

He will go 100 % out_of_the_blue. That is all you can expect if he comments.

Generally, when people make claims about wanting to sue, it has nothing to do with what case there could be, but everything to do with how the persons feel…

People arguing from 100 % feelings, religion or politics (basically 3 words for the same thing!) are never gonna make a reasonable debate.

When that is said, I can see why people could get angry at Mr. Masnick since he has a habit of taking citations out of a context and rant/rave from that. It is fine when you are analyzing “facts” since their context is the contentious part, but for statements, it can easily be misinterpretation of context or wool in mouth talk. The only real way to take people up on their comments is in a debate, interview or another confrontation where the person has an opportunity to defend themself.

Heck, It is etiquette to avoid political subjects when opposing views are not efficiently represented even though I guess politicians have murdered that cow centuries ago.

PRMan (profile) says:

Re: Re: Re: Re:

Wow. Just wow. Biased much?

Conservative means, “I like society the way it is and I tend to think that change costs a lot of money and often ends up worse than before, so I would rather just stay with what I have now and save the money.”

Liberal means, “I should have the freedom to do what I want without government interference. Since society is currently restricting freedom X, we should change it.”

Anonymous Coward says:

Re: Re: Re:2 Re:

You know that everyone is both right?

There are things we don’t want to change and there are things that we want to change.

What you call conservatives and liberals in politics is the number of people who agree with what should change or not.

So I have to say that your definition is wrong.

Liberals don’t want forests to change, they don’t want to have to deal with pollution caused by mining or other things, conservatives don’t want mining closing and don’t care about pollution until they are affected by it.

I saw a questionnaire once that was supposed to tell you what your leaning was, most of the conservative ones where things about economic growth and companies, so if you were labeled a conservative you had a pretty good change of being a sociopath and if you were a liberal you would be a hippie flower throwing person. This is how the government sees the subject, so it is under those colors that you should look at it.

Also one should take into account the rate of social change.

This crap is complex, and it is by design, by allowing to be a lot of things and have so many ambiguities it becomes like the Bibble, Torah or Koran, you can look up just about anything and justify it and put a label on it.

Anonymous Coward says:

Re: Re: Re:2 Reactionary for the Tea Publicans..Re:

Uh so does that make the democrats the conservative party these days? The republicans want to change laws hand over fist. State laws on voting, women’s rights and carrying guns to pretend you are defending yourself when you shoot someone who is different than yourself are all republican changes.

FWIW I think it is time to dust off an old word to beter describe the Tea Party types- Reactionary.

Anonymous Coward says:

Re: Re: Re:2 Re:

Conservative means,
1) I like society the way it is
— No they don’t
2) I tend to think that change costs a lot of money and often ends up worse than before
— But they actively seek change at great cost to others
3) I would rather just stay with what I have now and save the money
— That is complete bollocks.

Liberal means,
1) I should have the freedom to do what I want
— Ya, within reason
2) without government interference
— Not to be confused with regulation
3) Since society is currently restricting freedom X, we should change it.
— It is a democracy, right?

Anonymous Coward says:

Re: Re: Re:2 Re:

Is E=MC2 a liberal or conservative concept?

If I told you not to use mercury to try to extract gold from electronics because you could die if you get it wrong would I be a liberal? but if I supported the government enforcing a ban on any experiment with mercury would it make me a conservative?

http://www.switched.com/2008/04/03/man-dies-trying-to-extract-gold-from-computer-parts/

Statistically, you can predict how someone will decide with a pretty good chance of being right if you know how he tends to view the world, for politics, the more egoistical you are the more republican(a.k.a. right wing, conservative) you are the more egalitarian your responses tend to be the more democrat(a.k.a. left wing, liberal) you will be classified.

Is not about change or not, is about how you believe it should change or not.

https://en.wikipedia.org/wiki/Right_Wing_Authoritarianism#Right_and_left

If you doubt you should take the test.
http://www.politicalcompass.org/

If you side strongly with economic interests over human interests you will be a right(a.k.a. republican, conservative) if you put people’s interest strongly in the front you will be a left(a.k.a. democrat, liberal).

This is how it is framed around the world.

Anonymous Coward says:

Re: Re: Re:3 Re:

But the term “conservative” in its original meaning has nothing to do with extreme right, neither does “liberal” have anything to do with the extreme left!

The political spectrum is different from country to country and in many european countries the communists are extreme left, socialists left, liberals are center, while conservatives are right and anti-immigration, anti-eu parties are extreme right along with whigs.

When those things are said, you are correct about how american definitions work, but it is definitely not a global definition!

Anonymous Coward says:

Re: Re: Re:3 Re:

PS I love how you cite a survey that explicitly opens by mocking the narrowminded two-point spectrum you’ve presented as gospel. The survey explicitly puts economic considerations on a different axis from human interests and is trying, apparently unsuccessfully in your case, to make the point that you can be both for economic interests and human interests at the same time.

crade (profile) says:

Re: Re: Re:2 Re:

Like I said, I wasn’t talking about the political terms, but the words themselves aside from their use as political terms. In other words, you look “conservative” up in a thesaurus, you get cautious, fearful, etc.
Obviously I wasn’t trying to say conservatives are cautious and fearful, thats not true thats why I was saying the terms are unfair because the words used for labels are not properly representive and not really well balanced. Politically speaking, they have both become labels without meaning in my opinion.

Justin Olbrantz (Quantam) says:

Re: Re: Re: Re:

There are three common orthogonal definitions of liberal and conservative, and they’re often muddled together.

Fiscal liberals and conservatives. Conservatives (AKA libertarians) place their faith in the individual, and distrust collectives and governments. Liberals place their faith in the collective to do what the individual cannot, and consequently drive proliferation of organizations and governments.

Social liberals and conservatives. Liberals value personal freedom and choice, with only the most basic of limits on either. Conservatives have a strong moral system that places limits on the choices and actions people should be allowed to make.

Progressive liberals and conservatives. Liberals (AKA progressives) view change as potential reward, and as such seek change if the present is seen as unsatisfactory, even if there is the possibility that change could make things worse. Conservatives view change – particularly into the realm of the unknown – as potential risk, and would rather stay with a tolerable present than venturing into the unknown and risking making things worse.

Individuals vary greatly between the three scales, though in terms of official planks the Democratic party tends to be significantly more liberal in all three than the Republican party.

Personally, I’m pretty centrist fiscally and socially, trusting neither the individual nor the organization/government, and having some but not strong moral beliefs I believe should determine the laws. I do however carry the (perhaps unfounded) hope that change will be for the better.

Justin Olbrantz (Quantam) says:

Re: Re: Re: Re:

I can’t tell whether that was satire or not. If it wasn’t, I can only imagine you’re using the extreme liberal’s dictionary, as no other on the planet comes close to the definition of “conservative” you present.

In terms of the basal meanings of the words, “conservative” is quite simply having to do with conservation – protecting, accumulating (i.e. not consuming), maintaining, being reserved.

As to what they’ve come to mean in the political context, see my post further down.

Anonymous Coward says:

left vs right

There are quite a few things that I disagree with Mike on, but this is by far something we agree on. The fact that we put literally everything into the “liberal view” versus “conservative view” is the stupidest thing in the world. It forces idiotic attempts at “balance” for issues that should not even be political.

John Fenderson (profile) says:

Standard code

Don’t sweat the labels. “Liberal” and “conservative” are code words, nothing more. To people who call themselves “conservatives”, anybody they disagree with is a “liberal”. To people who call themselves “liberals”, anybody they disagree with is a “conservative”.

They’re speaking in code. Correctly decoded, both terms just mean “bastard”.

Anonymous Coward says:

Re: Re:

Dozens of men surround Mike’s house, force their way in and tase him, from the outside people can hear “don’t tase me bro”.

In an office in Washington another Mike grins maliciously.

ps: No I don’t wish any ill will towards Mike, I love him, but other may not be so loving and he could be victim of SWATing by some.

Chillin I know but this world is not without its dangers.

Anonymous Coward says:

“Also, according to this reporter, they said that they could sue me for defamation concerning things I’d said about Rogers. Yes, it’s come to this.”

I almost wonder if this isn’t so much a threat toward Mike/Techdirt as it is a warning toward the reporter for the upcoming article. Basically a “don’t use that site” mixed threat/warning.

Just isn’t enough context to know the whole thing. I’m sure that there probably is more to this story than just them claiming defamation as it’s likely Mike (et al) have taken some of Rogers’ actions and said they mean one thing when he may have had another thing in mind.

STILL, there is a better way to handle things than threaten with lawsuits. Offering an interview maybe that’s on a specific topic? Submitting a letter to refute/discuss some of the topics. The list goes on.

But alas, here we are. So before this gets too much fun Mike, let me go nuke some popcorn…

Anonymous Coward says:

When politicians get to doing things that are hard to defend their actions on, the best defense is always attack. Just stating such a line does not mean a court case. Doesn’t cost anything to use the news gatherers under the guise of news.

Our politics have become so divided over ideology nothing seems to be able to be accomplished. The tone taken to defend the various actions sound very similar to what I’m hearing in this article coming through.

Kelledin (profile) says:

Typical hypocrite

Rep. Rogers obviously doesn’t have the chops to actually address any criticism on its merits. He’d rather resort to ad-hominem attacks (i.e. incorrectly classifying a huge swath of adult, gainfully-employed, self-supporting, law-abiding citizens such as myself as basement-dwelling teenage outcasts).

We can already logically conclude that Rogers is ignorant and/or intellectually dishonest, and is thoroughly unfit for his position based on that alone. I firmly believe he’s willing to break his own oath of office, decimate the Constitution, and ignore the wishes and well-being of his constituents for the sake of making his friends and family more employable. If that sounds like me calling him out as a corrupt politician…well, that’s what he gets for behaving like a corrupt politician. I’d love to see him try to sue me.

Internet Zen Master (profile) says:

Can't even get the political label right

“Extremist liberal views”? Um, what? Last I checked, Masnick’s views political views (as far as I can tell) tend to revolve around a) wanting the government to do it’s job properly without having to give it more power, and b) getting the government to mind it’s own business (usually in terms of the Internet).

In terms of the political compass placement, Masnick seems more centrist merged with “Internet libertarian”, if anything.

If Rogers does try and sue for defamation (which is rather hard to prove in America, from my understanding of the laws), I suggest someone contact the folks at Popehat and see what happens.

Anonymous Coward says:

Re: Can't even get the political label right

“Extremist liberal views”?

“I have been equally critical of politicians who are considered ‘liberal’ as I have been of those who are considered ‘conservative.’ My opinions are not rendered via a partisan filter, but what I consider to be what is best for this country.” – Mike Masnick

One can surmise that what government considers an extremist view is anyone who dares to think for themselves and doesn’t tow party lines. Mike is guilty of thought crimes.

One would think that attacking someone’s First Amendment rights constitutes an extremist, anti-American view.

Anonymous Coward says:

Extreme Liberal eh?

Funny that I am staunchly against this NSA surveillance, and I lean conservative, in a Republican area of California, with a Republican rep that I voted for (LaMalfa) – who I’m happy to say also voted for Amash’s amendment…

And I fully agree with Masnick when it comes to Rogers’ position.

Hopefully Rogers gets his ass voted out next election.

Jonathan says:

Re: Extreme Liberal eh?

Why do people keep thinking that “getting voted out” is not a promotion as far as members of Congress are concerned? Unless you understand that they live in a gift economy and force the rest of us to live in the jungle or a feedlot, you’re just blowing the same Establishment dog whistles as they are.

Mike Masnick (profile) says:

Re: Re:

If you found this out second hand from a reporter, rather than directly from Mike Rogers’s attorney(s), then I doubt that he has any intention of actually suing.

I agree. I’m guessing it was an intimidation tactic. They expected such claims would get back to me, and this is a way to try to scare me off. Similarly, as someone else noted, part of it was probably to try to scare off that reporter from writing his story…

John Doe says:

Fun with lists

It use to be a joke that if you said or did certain things you would end up on a government list. But now, we are all on a government list. Probably multiple lists so it kind of takes the stigma out of it. So now that we are all on lists, we should feel free to state our mind. Or can I assume that drone strikes are next?

Crap, a black SUV just pulled up outside, gotta run…..

Joseph Ratliff (profile) says:

The equation...

In whatever argument you’re having…

1. You make your argument = 100

2. They immediately resort to name-calling while making their counter-argument = 100, – 25 for using name-calling in place of a rational argument

3. You respond with valid points supporting your case = +25

4. They respond by “going off the deep end” with baseless counter-arguments and more name calling = -75

5. You 125 Them 0 = Argument over

This is how a good percentage of political arguments transpire.

Rich Fiscus (profile) says:

I'm so smart I posted this on the wrong discussion the first time...

In the absence of any official statement from Mike Rogers explaining his position with respect to potentially defamatory allegations by members of his staff against Mike Masnick it seems only fair to offer an explanation for the unwashed masses of ignorant halfwits populating the Internet. After years spent closely observing the species Vitulamen Sanguinem Parasitus, more commonly known as the garden variety politician, I have become something of an expert on their highly idiosyncratic communication style.

Based on my years of study I am confident what appears at first to be an organized campaign of borderline defamatory rumor mongering is, in fact, a completely unintentional misunderstanding. This is much more common than you might suspect due to the difficulty in translating from that species’ significantly more nuanced and sophisticated communication into the crude and limited vocabulary used by us ordinary folk.

It is impossible for me to definitively identify the subtleties of Mike Rogers’ staffers, not having witnessed the exchange personally. I can, however, provide some insight about how the benign behavior of these elegant creatures is often misunderstood by ordinary people. In the spirit of furthering relations between our two species I will endeavor to do so. I will also attempt to replicate the delicate nuance of their language in the hope increased exposure to it will increase your understanding.

Let’s start with the alleged comments by Representative Rogers’ staffers to a Michigan reporter insinuating, but likely falling just short of actually accusing, Mike Masnick of defamation. There are many ways to characterize his staffers’ actions. In some places it would be called innuendo, half truth, or perhaps even lying. A blogger with a legal background and significant experience in First Amendment defense, Ken White at Popehat for example, might refer to it as censorious thuggery. Such a person might even go so far to call it douchebaggery. On this very thread it has been described as corruption.

On Capitol Hill they call that Tuesday.

If you go back to the original Techdirt pieces which led to this reaction you will notice a similar communications gap. On July 26 Mike characterized Mike Rogers’ selective and out of context quotes about Supreme Court precedents misleading.

On Capitol Hill they call that Tuesday.

A day earlier Mike called out Representative Rogers for conflating different NSA programs to paint a rosy picture which is entirely and categorically false.

Once again, on Capitol Hill they call that Tuesday. I could go on but in every case the comparison would ultimately be the same.

You might agree with me that Mike Rogers, purely for personal gain, blindly supports government programs which are clearly and blatantly unconstitutional. Like me you might suggest Mike Rogers is a typical crony capitalist, irreversibly corrupted by the lure of power, prestige, and a likely future of wealth and comfort lobbying for the equally corrupt corporations he has thrown his support behind. In fact you may believe, as I do, that his public statements alone easily meet the Constitutional criteria for impeachment and his protestations to the contrary amount to nothing more than a claim of first degree butthurt.

Try to remember, though, that he truly does not understand any of that. In Mister Rogers’ Neighborhood it’s just Tuesday.

ShellMG (profile) says:

Reporter ID

Was it with the Detroit News (editorial staff leans conservative, overall business focus), the Detroit Free Press (good investigators, WAY over the edge liberal editorial page), any of the MLive papers or possibly the Oakland Press? FWIW, hope it was one of the Free Press investigators. They do a decent job of keeping bias at bay, especially when documenting corruption. Heaven knows working at covering Detroit, they’ve got experience…

Mike Rogers is my former congressman; I left his district in 2003. I was less than pleased with my current rep’s vote on NSA (MI07, Walberg), and can only hope that Justin Amash decides to run for the DC Senate. Gary Peters is a putz.

I’ll keep a sharp eye out for any report. On the bright side, Thomas Cooley Law students (Lansing, MI) got slapped down by the court today. They sued Cooley, wanting a refund for their legal degrees that haven’t resulted in jobs.

FM Hilton (profile) says:

It's all too easy

I love it when idiots threaten lawsuits, especially when the person who they believe can sue is a public official.

All one has to do to get these people to shut up is to ask the Congressional Records Office for particular logs of particular statements that the Representative made on the House floor during any debate on any subject, and that’s the end of that lawsuit:

http://thomas.loc.gov/home/abt.cong.rec.html

Yeah, it’s a stupid, idle threat. Won’t hold up in any court, because it’s a public record.

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