In Which I Am Threatened With Litigation Including Lengthy "Dispositions"
Back in 2010, I wrote a post about a frivolous lawsuit filed by The Global Wildlife Center of Folsom, Louisiana against the satirical web site Hammond Action News in retaliation for an obviously satirical post about killer giraffes. Global Wildlife Center lost, and the case got some attention from blogs concerned with online free speech.
Today, I received a legal threat purporting to be from Ken Matherne, owner of the Global Wildlife Center. Using people smarter than I (a large set), I confirmed the email came from the Global Wildlife domain. In the email, Mr. Matherne threatens me with litigation and attempts to insult me. It has to be read to be believed.
OK – your fun was enough – since your cute story, you have hurt my Foundation, I am divorced over this thing that you think was funny. The dad that OD.
The University that I supported used state university equipment – this will be a test of how the justice system will work. I gave the same people $150K+ to support your liberal views at least that year. And yes I am a conservative, because I am paying all the taxes!
I gave you the last one. But, you are still playing with my foundation , so you give me no choice You are fucking with my daughter and I will not put up with that – I will not support the Universities and scholarships I give every year. I have given more than 52 percent to democrats over 10 years – don’t care how liberal your group is or have much dope you smoke & drugs you do – nor witch one of you is screwing who – if y’all are all boyfriends on the side – matters not to me.
You just gave me a new mission in life – to bring the real truth out!
And this is not a threat , this is a promise – I will spend the rest of my life investigating you and your partners and associates that slander people and companies, even non- profits . I am hiring a team now to work on you and your team. I want to know how your guys can be so sick to do things like this to children.
My last case to decide the Apple vs Microsoft case. I am not joking – you can send this email to the judge and soon as I file suit. I will ask you as I asked that kid to take it down, if you think your malice to to our Foundation is free speech – let’s get real lawyers and hosted judges to find out! It scared teachers, parents and the general public. They were canceling trips, it was malicious, and the evidence given to court was a fraud. I did not say anything at the time. But, I think he would get dis-board by the falsified documents he presented to the judge. His father was a friend or I would have had he dis-board.
Everyone will see the truth of you and your boyfriends. You can print this – You do not have a clue what you did to damage my foundation I created for my daughter. And when you wake up in the morning – hoping you have kids- I want you to think about what you have done. Your site has done more damage than the issue and my guys think your damages will be worse the any free speech issue. And we are ready!
We are going to dp this all legal – get ready – I will have one of your partners, associates , friends , spouses, in dispositions for the at least the next 6 – 12 months. Minimum – 1 lawsuit lasted 12.7 years, the next only 6 . I have the means – so write me back or get ready. This again is no threat. Simply a promise. It is no longer about what the kid did – it is about what your company did! And I promise you we will win = you have damaged my daughters trust for at least 50 years. You are about to meet the best attorneys on the planet. Best, Ken
Again, I will only ask one time, politely, to take that shit down or I will see in court every day for at least one year. I have nothing to lose – you damaged us~!
I wrote back to Mr. Matherne:
I assume you are writing me in connection with this post:
Do you content that the post includes any false statements of fact, as opposed to statements of opinion? If you believe that it does, please feel free to specify them and provide me with what evidence supports your contention, and I will be happy to review your submission and make adjustments to the post if appropriate.
I will not use this opportunity to discuss the various obvious defenses I would have to any frivolous and malicious suit. Suffice it to say there are many.
Very truly yours,
He has just responded:
Take it down or believe I will do everything for my daughter that you would do for your children !
Best, , Ken
Sent from my iPhone
I love my children very much, and I would do everything for them. Among the things I will do is this: I will resist deranged bullies and thugs who want to dictate how Americans can express themselves, online or elsewhere. Mr. Matherne's email above displays classic vexatious-litigant thuggery: the threat to abuse the legal system and leverage its flaws and weaknesses to harm opponents through cost and delay. Such threats work because people don't stand up to them. We all owe our children defiance of such threats, or their rights will be diminished as such threats thrive. I will happily cockroach-stomp such people whenever I can.
I have forwarded the threat to the email list of the First Amendment Lawyers Association, of which I am a member. I'll have no trouble whatsoever finding counsel. The defenses to the overtly frivolous harassment suit described in the email are legion. Among them: Louisiana has no personal jurisdiction over me, my post included only opinion and commentary absolutely protected by the First Amendment and no false statements of fact, and the statute of limitations has passed.
Murum aries attigit.
Edited to add: He sent a follow-up threat.
Just send me you attorney of record – you will not hurt my daughter – I do not care what it cost ! Ken It was a BS move – and I appreciate that you do that for the best of people – but you always know our kids are first – and I don't care how many $ it takes – my daughter will not live with this – so I will ask you one more time to pull this down – as a gentleman – or I will come to you! My airplane is only 10k an hour – have more cash & Gold in the bank than you can imagine – but if you hurt my daughter through this – my executives has all authority to go until all is done – I only have 1 daughter and it breaks her heart to see this! I would not do this to you or your family!
Sent from my iPhone
Another update: My response, and his:
I take it that you are refusing to specify what part of my post you believe to be factually inaccurate, or that you are unable to do so.
I have already published your threats and forwarded them to the email list of the First Amendment Lawyers Association, of which I am a member. They will be evidence in any proceeding you bring.
If you have an attorney representing you in this matter, feel free to have him contact me.
And from him:
Yet another update:
He just sent another email:
Just send me your attorneys info: let’s go – I asked you to do the gentleman thing for our kids – maybe you don’t have children or don’t care about children – so let’s see how much you care about pot hate or whatever the name is! Send State Attorney General , your Attorney Firm and address – I will have something ready for next week! Best, Ken
And I will find you, your attorney – I asked you once – now I will not ask again! You have never seen anyone that will protect my daughter from anything in the world! Get your check book out – and unless you can buy every judge to the State Supreme Court – you will pay damages = not about freedom of speech –
Oh, And I will follow up with everything I said I would do. Ken White, You better have an attorney or get one .
Cannot wait to meet you – You are and I can “quote again” a piece of shit! You do a disservice to mankind. I hope the judge we come before understands what a parasite you are and does not want his kids or grandchildren to be exposed to someone like you!
And I do not care about are inaccuracies about was said or texted. You are wrong and you are libel. Again, I do not lose lawsuits, and I do not think to can pay off the judges!
Dear Mr. Matherne,
If you have your attorney contact me, I will put him or her in contact with my attorney.
Unless you would like to specify how you believe my post was factually incorrect — in which case I will be happy to examine your claims — I think the productivity of our dialogue has reached an end.
Last 5 posts by Ken White
- Why Are Nevada State Senators Trying To Eviscerate The State's Anti-SLAPP Statute? - April 17th, 2015
- Pepperdine Law School Debate On Criminalizing Revenge Porn - April 16th, 2015
- No Good Deed: How Jose Arcaya Ph.D. Esq. Went From Suing a Client Over A Yelp Review To Complaining About Scott Greenfield - April 14th, 2015
- Fear And Butthurt At UC San Diego - April 14th, 2015
- Garry Trudeau Punches Down - April 13th, 2015