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Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker
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Bonnie Ventura



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Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Kathleen reported on her blog that she has been served with a subpoena in a vaccine case, apparently because the lawyer was annoyed about her reporting on it.

Among other things, the subpoena demands copies of any communication she has had with about a hundred (I didn't count them) pro-neurodiversity bloggers.

I couldn't make this up if I tried.


"...to know when the great wheel gives to a touch; to know and act."
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04-04-2008 01:21 PM
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Ivar T



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Quote:
10. The subpoena violates my First Amendment right to freedom of religion by demanding information about my religious beliefs.

11. The subpoena violates my Fourth Amendment right to freedom from unreasonable search and seizure because it is overbroad and general in character.

12. The subpoena is impermissible under Rule 26(b)(1) of the Federal Rules of Civil Procedure, which allows discovery of only those matters that are relevant to the subject of the action. None of the information requested in the subpoena can reasonably be anticipated to assist the court in determining the cause of Wesley Sykes’ neurodevelopmental disorders, the truth of the plaintiffs’ factual allegations, or the liability of Bayer Corporation for negligence, design defect, or breach of warranties. The subpoena therefore serves no legitimate evidentiary or investigatory function.

Seems like she has some sensible arguments against it.


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04-04-2008 01:38 PM
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Pikajedi3
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Post: #3
RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

well, thats...ridiculous.

she should fight it, its too over reaching, and she would probably win.
unless, of course, the judge is crook'ed

04-04-2008 02:21 PM
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Arctoris



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Here's another bog link thoroughly analyzing the subpoena: http://scienceblogs.com/insolence/2008/0...nst_ne.php

04-04-2008 02:22 PM
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Gareth
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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

I've just sent out the blog link to a few people in the media.




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04-04-2008 04:47 PM
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Alyric



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Getting all kinds of lawyerly information reading all the legal outrage posts.  The 100 plus bloggers are OK apparently since they can't be subpoenaed as a 'dragnet' process.  The things one learnsSmile

04-04-2008 08:27 PM
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Timelord
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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Looks like she's got it in hand. I think this is nothing more than the plaintiff's trying to shut down the site by stealth. The response is terrific and appropriate - and she did it without legal assistance of any sort! I'm impressed!

Good idea, Gareth! And because you're not in the US they can't exactly do anything about you!

04-05-2008 09:41 AM
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EnglishLulu



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Shocking stuff.


I don't want to be 'fixed' or 'cured', thank you very much, I want to be accepted for who and what I am.
04-05-2008 04:35 PM
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earthmonkey
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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

And when I wrote about Jenny McCarthyism I thought I was just being clever. Rolleyes

Yet another example of the attempted (il)legal suppression of autistic voices. Truly the ugly head of McCarthy lifts itself from the muck of history. The subpoena shouldn't get anywhere in the courts, but if the judge allows it then it truly is another age of McCarthyism we are entering.


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04-06-2008 01:50 AM
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earthmonkey
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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Timelord Wrote:
Looks like she's got it in hand. I think this is nothing more than the plaintiff's trying to shut down the site by stealth. The response is terrific and appropriate - and she did it without legal assistance of any sort! I'm impressed!

Good idea, Gareth! And because you're not in the US they can't exactly do anything about you!


Apparently a number of the bloggers listed in her blogroll aren't in the US either. But still plenty are.


"Plant the seeds of love, do not rip out the plants with hate." - Korrigan

"You talk about pruning the twigs as if they don’t come from deep roots." --Amanda Baggs

Want to Pull the Plug on the JRC? Follow the link.

"The logic is so utterly flawed that I think a new fallacy was invented." --Kassiane Sibley

"The difference between high-functioning and low-functioning is that high-functioning means your deficits are ignored, and low-functioning means your assets are ignored." --Laura Tisoncik
04-06-2008 01:52 AM
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graphictruth



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

I just posted about this: In the matter of Shoemaker v. Seidel; Court of public opinion; The Hon. Bugs Bunny Presiding.

A referece, of course, to the iconic tweety bird observation:

"He don't know me vewwy well, DO he?"

Let the ridicule commence!

04-08-2008 12:59 AM
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Timelord
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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Clifford Shoemaker - Soooooper Genius!

Here's a thought - was that a standard Acme supoena? (LMAO!!)

That's despicable!

Of course you realise this means war!

.......ummmmmm

See what you started, Graphic? *runs out the room to avoid the anvil*

04-08-2008 11:47 AM
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Ivar T



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Post: #13
RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

Lotsa blogs write about apparently, think I saw some that weren't directly neurodiversity related.


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04-08-2008 12:05 PM
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silky



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

graphictruth Wrote:


Strange. That link set off the "scam website" caution alert on my security software.

04-08-2008 01:12 PM
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EnglishLulu



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RE: Kathleen Seidel harassed by antivax lawyer, Clifford J. Shoemaker

silky Wrote:

graphictruth Wrote:


Strange. That link set off the "scam website" caution alert on my security software.

It's also a first post by a new user.  Exercise caution.


I don't want to be 'fixed' or 'cured', thank you very much, I want to be accepted for who and what I am.
04-08-2008 03:33 PM
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