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Tuesday, June 06, 2006

Drama Queen v Drama Queen

Michael Brodkorb has the latest in the ongoing legal drama between he and Blois Olson. MN Publius gives the money quote.

To survive Defendants' motion to dismiss, Plaintiffs must provide clear and convincing evidence to this Court that the Defendants acts are not protected by Minnesota Chapter 554. If the plaintiff cannot satisfy this burden of proof, the court must grant the motion to dismiss. See Minn. Stat. $$ 544.02, subd. 2(2); subd. 2(3)

Chapter 554 applies to speech that is aimed at procuring favorable government action. DME's [sic] website is aimed at influencing voters and is a self-professed "blog dedicated to a truthful discussion on the activities, statements, and tactics of Minnesota Democrats," which does not petition for any favorable government action. Because Plaintiffs have produced clear and convincing evidence for this Court to show that Defendants are not protected by Minnesota Chapter 554, Defendants' Motion to Dismiss is denied on this basis.


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