Those were the two matters specifically discussed in court on Tuesday afternoon and, in that regard, opinion, even when it is “not useful,” is an important part of public discourse and thus, protected speech, Judge Davis opined. The lawsuit was filed against the blog and against Aidan Kearney in February by Gordon Davis. He claimed in his filing that his advocacy had “been severely, adversely affected by the libelous publications of false information” about his health.
No Gordon, your “advocacy” was affected by the fact that you choose to present yourself in public like this:
That type of behavior is most definitely “crazy.” It’s the best word we could have used to describe a lunatic who stands in front of a crowd with 20 handwritten cardboard signs, yelling nonsense about how they’re all being fooled. No one in their right mind would ever hire you for defense advocacy. Oh yea, and you’re not even a licensed lawyer, so I’m sure that didn’t help either.
Davis pointed to three blogs in particular that labeled him as “mentally unstable,” “crazy, and “senile.” Davis was seeking a total of $153,000 from Kearney and the blog, saying he had lost clients after they were published. Davis operates a business that helps people with cases involving discrimination and unemployment.
Ya know what gave away your crazyness Gordo? The fact that you asked for $153K!!!! No one in their right mind would ever believe a scraggly looking “activist” like yourself has ever seen that much money in their lifetime. You could’ve asked for a realistic amount and still lost. But that number basically proved that you were in fact crazy.
Davis also requested a cease and desist order and a retraction of statements from the blog.
If you think Turtleboy is gonna give in to you or take down our blogs just because you try suing us for $153,000 then you don’t know Turtleboy.
In court on Tuesday, Davis submitted two more blogs to the judge. One, from 2015, make similar statements to the ones already presented to the court. The second, in a blog published Tuesday, the day of the court hearing, Davis is referred to a “moron,” which Gordon Davis defined as a person of low intelligence.
The man reads Turtleboy every single day. The fact that he brought this blog with him to court and added it to the evidence, as if his latest crazy ramblings would help him prove that he wasn’t crazy, is fantastic theater.
Kearney was not in court on Tuesday and has continually denied being the writer behind the anonymous blog. In the past, he has said he sells advertisements for the blog.
He’s not. I am one of the many Turtleboys. Everyone knows he is our director of sales and promotion. Remember when Telegram rejects Thomas Caywood and Shaun Sutner wrote this when the the lawsuit was first announced:
Anyone with a brain knew this would never even come close to going to trial. This is why Tom Caywood went 10 years without a raise and was replaced by Samantha Allen.
Judge Davis also did not refer to Kearney as the blog writer, at one point saying “whoever is the writer” behind the blog while in discussion with Gordon Davis.
See, no one cares who Turtleboy is. Either you accept the truth that we publish or you sit in butthurt denial.
Turtleboy Sports’ Attorney Margaret Melican did not oppose anything Davis added to the lawsuit, noting her basic argument remained the same, that everything cited was opinion and protected free speech. Judge Davis agreed, citing a 1993 Supreme Judicial Court case against the Boston Globe, in which a free speech verdict regarding opinions was upheld. Judge Davis further noted that all of the comments made by the blog were in relation to political events in Worcester.
Oh look, it played out exactly like we said it would from the beginning. Turns out when you blockade an empty garage at City Hall, people are allowed to think that’s crazy.
“No reasonable person” would take the comments other than anything but opinion, not statements of fact, he said.
Does this look like a reasonable person to you?
Gordon Davis represented himself in court. He called the decision “disappointing but useful,” referring to a pending lawsuit in which he is the defendant.
Davis is named in a $1 million lawsuit filed by City Councilor At Large Michael Gaffney on behalf of a client against Rosalie Tirella, publisher of InCity Times newspaper and website. The lawsuit is for defamation of character and was in response to an article written by Davis claiming Gaffney’s client attended a political fundraiser for the then-mayoral candidate Gaffney while in blackface. Davi’s column was later retracted by Tirella and an apology was issued.
Davis said he plans on using Tuesday’s ruling in his defense, citing the fact that his blog also focuses on Worcester politics.
“This gives clear guidance as to what can be said,” Davis said. “The judge ruled that in political discussion, people can say outrageous things and they are not considered defamatory. I will use this in other lawsuits and in terms of guiding what can be said in my blog.”
that’s what real libel looks like. It’s not the same thing as having an opinion about a real fact.
And yes you read that right, Gordon Davis has a blog. He’s been documenting the back and forth games he’s been playing with Worcester’s Best Poet, Margaret Melican. When he sued this nonexistent company called “Turtleboy Sports INC” for $153K he was asked in discovery to provide a list of his clients from last year to show that he was making that much money before any blogs were published. According to his blog he did not have to provide this crucial information because it was private and would be used to oppress and annoy people: