Pat Edmonson's misguided lawsuit

First let me make it clear that that the insulting language about Pat Edmonson is deplorable, and civil or criminal action against the perpetrator should be explored. The problem is P.E. appears to have filed a lawsuit that doesn't make any sense.

According to the Virginia Pilot
http://hamptonroads.com/2009/03/blogger-launches-attack-candidate-lt-governor

P.E. has filed a lawsuit against google inc. to stop allegedly defamatory comments.

The problems with this lawsuit are many:

First the lawsuit has not been brought against the perpetrator, but against Google, Inc. itself, the hosting service for the perpetrator. Hosts are immune from liability for defamation under federal law, as the Congress in a brief moment of logical thinking passed a law protecting operators of blogs and web hosting services from being liable for the defamation of others who comment on or use their services.

Second Google Inc.'s information about the perpetrator could only be obtained in the discovery process, a lawsuit to obtain information through discovery but not to seek final judgment is generally sanctionable.

Third, as the matter is in the general district court there is no discovery to be had as discovery is prohibited in the GDC. (subpoena power is still possible)

Fourth the GDC can not grant an injunction against defamatory statements as it exceeds the jurisdiction of the court.

The lawsuit appears to have been filed with no attorney, but service is being sought and google inc. will be expected to have counsel present on April 28.

P.E. has stepped into a mine field if she intends to push this lawsuit beyond the return date. If this is a publicity stunt, she does have some time to drop the matter before it goes too far.

I hope she consults an attorney and does the right thing. She will likely identify the perpetrator and rid the Commonwealth of his deplorable commentatry faster if she simply goes to the authorities.