ACLU Says Lawyer Eric Deters Misquoted Whistleblower's Jim Schifrin: Misleading Edits Inaccurately 'Contort' Libel Lawsuit

Edits Changed The Meaning?

CINCINNATI (TDB) -- The ACLU says Kentucky lawyer Eric Deters has filed a libel lawsuit in Hamilton County Common Pleas Court that rewrites and edits statements published by Jim Schifrin in his electronic newsletter, The Whistleblower.  As the ACLU sees it, the revisions are an attempt to create the appearance of malice and use the court system to shut down Schifrin by suing him into silence.     The ACLU is defending Schifrin against Deters -- a part-time talk show host on 700 WLW-AM --who says he was defamed last August.  The ACLU says it has found Deters "does not even accurately or completely quote the 'statements' he considered offensive."  From pages 9 and 10 of the ACLU's motion to have the libel case dismissed:

"Without question, then, Plaintiff (Deters) is a public figure, and the New York Times actual malice standard applies to his clams.  Plaintiff cannot meet this burden.  First, and critically, he does not even accurately or completely quote the 'statements' he considered offensive.  In Paragraph 14 of his Complaint, he avers that Schifrin posted, with malicious intent, a claim "that Plaintiff had given his former client and current employee, Nicole Howell, a 'promise ring' . . .  That is belied by the very publication at issue, in which Schifrin writes:

Bluegrass Bureau Chief Ken Camboo says several people have emailed what they claimed were of NoKy's most infamous sex-ed teacher Nicole Howell's 'promise ring' given to her by Eric 'Call Me Crazy' Deters, whose impending divorce isn't even filed, much less final.  But let's face it; pictures of just a ring on somebody's hand are nowhere near conclusive evidence.

"Complaint at Exhibit B (emphasis added).  This is not a statement at all.  At worst, this is merely conjecture, and is even specifically qualified by a disclaimer.  Plaintiff has failed adequately to allege that this comment constitutes a statement reflecting actual malice.

"Plaintiff similarly misquotes the August 15 Whistleblower in an effort to contort it into a defamatory statement reflecting actual malice.  In Paragraph 17 of his Complaint, he avers that Schifrin posted, with malicious intent, a claim "that Plaintiff gave 'Noky's most infamous sex ed teacher, Nicole Howell . . .' a ring and requested that readers submit pictures of the alleged ring on her finger.  Defendant further posted and published that Eric 'Call Me Crazy' Deters, who's [sic] impending divorce isn't even filed, much less final . . .' purchased Howell 'a little promise ring.'"  What the August 15 Whistleblower actually says is:

The Camboozler was also hoping one of his Independence snitches can snap a picture of NoKy's most infamous sex-ed teacher Nicole Howell's left ring finger and send it in to The Blower.  Rumor has it that the [sic] Eric 'Call Me Crazy' Deters, whose impending divorce isn't even filed, much less final, may have purchased her a little 'promise ring.'  If anyone has evidence that will confirm or deny this dirty little rumor, The Blower wants to hear from you.

"Complaint at Exhibit B.  Not only is this not a statement, it is specifically qualified, and requests assistance from Schifrin's readership in determining whether there is any truth to the rumor.  This is a defamation action.  The actual words and their actual context are relevant.  Plaintiff cannot misleadingly edit them into something they do not say and then claim that his revised version reflects malice on the part of Schifrin."          

Whistleblower Publisher Jim Schifrin Has ACLU Sparkplug As Defense Lawyer: Scott Greenwood To Battle Libel Charge

[UPDATE: 11/16 -- The ACLU confirms it is on the case. It calls Schifrin a citizen journalist and will make that argument in court.]

ACLU Rides To Schifrin's Rescue



CINCINNATI (TDB) -- Before this week is out, the ACLU itself is likely to enter the case and defend Jim Schifrin against a defamation lawsuit filed in Hamilton County by Kentucky lawyer Eric Deters.   ACLU board member Scott Greenwood -- a constitutional and civil liberties attorney in Cincinnati -- has already signed on as Schifrin's defense lawyer, court records show.  Greenwood listed himself as trial counsel in late October.  Schifrin's formal answer to the lawsuit is due Tuesday, Nov. 16.  Greenwood is high cotton, and the fact that he has come to the aid of Schifrin -- whose daily e-newsletter features gossip, political sniping, press bashing, other assorted peccadilloes, and tidbits of news among all those things and more -- will fashion the dispute into an argument about free speech, a free press and First Amendment rights.  The ACLU and its lawyers have a long history of opposing anything they see as censorship.  Schifrin has plenty of critics in Cincinnati -- but he's also an idiosyncratic voice.  He says things out loud in his newsletter that many Cincinnatians whisper about in private.  Click here to visit Greenwood's website. He helped steer the federal civil rights case that led to reforms in the Cincinnati police department earlier this decade. That litigation helped end the department's longstanding reputation for violence against African American males. Here's a sample of Greenwood's biography:

"Scott Greenwood is a nationally known constitutional rights and civil liberties lawyer. Greenwood has been an outspoken advocate for First Amendment rights and police practices reform, particularly with use of force policies. He has been consistently listed by his colleagues in The Best Lawyers in America for fifteen years, in Ohio Superlawyers, and was named Ohio Lawyer of the Year 2003 by Lawyer’s Weekly. His practice focuses on complex and constitutional litigation in the federal courts. Greenwood lectures widely on constitutional rights, civil liberties, and complex litigation. He has served as general counsel to the national ACLU since 2006, and is the ACLU of Ohio Board of Directors national board representative."

Deters claims Schifrin slimed him in August by publishing an item in the Whistleblower that alleged hanky panky, or something close to hanky panky with a former client.  Here's how Deters' lawsuit  described the item that got under his skin:

"On or about August 13, 2010, Defendant posted and published on the Whistleblower, with malicious intent, an article under the title 'Bluegrass Betrothals' which claimed that Plaintiff had given his former client and current employee, Nicole Howell, a 'promise ring' while Plaintiff's 'impending divorce isn't even filed, much less final.'  All of his is completely false."

Whistleblower Publisher Jim Schifrin Seems To Have Eluded The U.S. Postal Service: Certified Mail Copy Of Lawsuit Returned

CINCINNATI (TDB) -- He goes by the sobriquet Charles Foster Kane, and his Whistleblower Newswire is notorious for delivering a daily melange of gossip, bull, ranting, race-baiting and homophobic insults.  Often, truly newsworthy tidbits get sprinkled in between it all.  Now Schifrin seems to have avoided the mailman, who returned a certified mail copy of a libel lawsuit to the courthouse in Cincinnati unserved. Court records show the case, A1007974, went out on Aug. 31 and was returned undelivered on Sept. 8. The reason: There was no such number.  Either the Post Office couldn't find the house in Anderson Township or the address was wrong.

Kentucky lawyer Eric Deters, who claims Schifrin libeled him earlier this year, sent out another letter by regular mail on Sept. 21 with the goal of trying to serve the Whistleblower publisher. At the moment, Schifrin has not filed an answer to the civil case -- which suggests he still hasn't been properly served.  Judge Bob Winkler of the Hamilton County Court of Common Pleas has set a Nov. 15 case management conference, so we'll find out more by then.  Deters wants monetary damages and a preliminary injunction that would prohibit Schifrin from making any comments -- flattering or unflattering -- about the Kenton County lawyer.  Here's how Deters described the item that got under his skin:

"On or about August 13, 2010, Defendant posted and published on the Whistleblower, with malicious intent, an article under the title 'Bluegrass Betrothals' which claimed that Plaintiff had given his former client and current employee, Nicole Howell, a 'promise ring' while Plaintiff's 'impending divorce isn't even filed, much less final.'  All of his is completely false."

To obtain the preliminary injunction, Deters would have to show the public would not be harmed by censoring the Whistleblower.  But clearly there would be harm -- numerous Cincinnatians read it daily.  They ask to have it wired into their e-mail accounts.  The Daily Bellwether reads it, often winces and frequently is upset by the content.  Yet The Daily Bellwether would be harmed because there is information in The Whistleblower that is useful -- or can turn up useful material.  The information highway is not without its bumps and dangerous curves.  Censoring Schifrin with an injunction that bars him from publishing any material he damn well pleases would definitely harm the public.  If he has to write a check for defaming Deters -- provided that malice is proven -- that's another matter altogether.  He may have to pay after a day in court -- provided he can be served with the lawsuit.  Right now, it looks like Charles Foster Kane really should be called "Slipper Schifrin."

Ken Blackwell Getting Divorced? Something Is Up If You Believe 'The Whistleblower'

CINCINNATI (TDB) -- Of course, you may have to step into an alternate version of reality to understand this snippet of pure gossip. But tomorrow's edition of The Whistleblower is going to have a craftily worded item about a power couple who are headed for Splitsville. It doesn't mention Ken and Rosa Blackwell by their given names, but calls the couple by a sobriquet, the "Buckwheats." For years, The Whistleblower has made fun of former Ohio Secretary of State Ken Blackwell by calling him by that name. Blackwell was the Republican candidate for govenor in 2006. Here's the item:

"Whistleblower Gossip Columnist ???? says after many years of wedded bliss, the Buckwheats may finally be getting a divorce. Mr. Buckwheat lost his job in Columbus and had to move back home to Cincinnati with Mrs. Buckwheat. Mrs. Buckwheat soon realized that her man was useless and couldn't help get her jobs any more through his political connections, so she be dumpin' him show nuff."

The item also mentions that the Mrs. still hasn't filled out her retirement papers, and that she's waiting for November board elections to take place before deciding whether to step down from her post. Rosa Blackwell is Cincinnati's school superintendent, and has announced she plans to step down next year. The school board elections in Cincinnati are November 6.

What's The Bellwether's opinion of the gossip item? It's a bit mean-spirited and The Whistleblower may be way off the mark. However, if the Blackwells, er Buckwheats, do wind up in Domestic Relations court it will be one helluva scoop. Ken Blackwell is a family values Republican who is politically aligned with several Christian values groups. Hard to see him dumping a marriage a la Giuliani.