In a historic ruling from 2012, the Minnesota Appellate Court upholds the free speech rights of bloggers, rules that bloggers cannot be held liable for publishing true statements…
How will this ruling bear on the case of Dede Evavold, who faces both a HRO hearing and a probation violation hearing, in relation to her blog “Red Herring Alert”. Evavold has even been held liable for true statements, which include multiple sources to verify their authenticity, which she did not personally make but were posted on her blog. “Red Herring Alert” includes articles from multiple authors and sources.
Blogger Dede Evavold has been slapped with a fraudulent HRO and faces jail time for publishing a blog, “Red Herring Alert”, after being banned by Judge Karen Asphaug, Dakota County, from mentioning the Grazzini-Rucki case for the next 8 years as a condition of probation.
Evavold was convicted of felony parental deprivation for her role in assisting two teenage sisters who ran away after a family court in Dakota County, presided over by Judge David L Knutson, failed to protect them from physical, emotional and sexual abuse. The father accused of abuse is wealthy and well-connected, and has been shown special treatment by both Judge Knutson and Judge Asphaug – who both, presided over previous criminal trials involving him. (See: Did judges in Sandra Grazzini-Rucki case previously fix husband’s cases?)
While Dakota County has branded Evavold as a “criminal”, may say she is a hero for her efforts to protect these children who vowed that they “would run away with or without help” after raising dozens of abuse allegations, and even speaking personally to Judge Knutson, that all went ignored. (See: The court created horror of the five Rucki children) The girls were called “liars” by the Guardian ad Litem, and accused by the court appointed therapist of being “brainwashed” despite the father’s lengthy criminal history, numerous police reports, HROs, and witness statements that attested to his propensity towards violence. (See: The definitive dossier documenting David Rucki’s violence: 99 pages of police reports, orders for protection, letters, affidavits, and more…)
(Judge Karen Asphaug, Judge David L Knutson)
Through blogging, Evavold has continued to raise awareness, and bring attention to, systemic injustices and corruption occurring across America’s political system today; and the devastating effect on individuals, families and children. As a wife and mother, Evavold feels a strong purpose in blogging – to inspire needed change so that this world can become a better place, and justice will be restored, not just for her family but for all future generations.
Just as egregious is the message being sent to abused children everywhere by Judge Karen Asphaug in this ridiculous condition of probation, and related charges, against Evavold and her free speech rights… A clear message is being sent to children, and victims of abuse, to remain silent because you will not be believed, and the system will not protect you but, instead, protect the perpetrator. The Grazzini-Rucki case has set a horrifying precedent, that, if you are a child who speaks out abuse in Dakota County, or reports abuse to the family court, police, social workers, therapists as these children did… you risk being called a “liar” and accused of being “brainwashed”. Social services and the court system will then force the child to “reunify” with the perpetrator against their wishes, despite their cries for help, and to the detriment of their safety, which is also what happened to these abused children – who now reside in the sole custody of the identified abuser.
Will the Courts of Dakota County recognize Evavold’s Constitutional protections, and the precedent set by the Appellate, or strike a blow against freedom of speech?
Stay tuned to “Red Herring Alert” for updates on Evavold’s shocking case, that will have far-reaching implications, and especially for writers and bloggers everywhere.
THE JOHNNY NORTHSIDE LAWSUIT – “THE BLOGOSPHERE TRIAL OF THE CENTURY” AND BLOGGER’S RIGHTS
(August 20, 2012) In a 2012 defamation lawsuit against John Hoff, who publishes the blog “The Adventures of Johnny Northside”, the Minnesota Appellate Court, overturned a judgment issued against Hoff in defense of his 1st Amendment right to free speech.
A three-member panel of the Minnesota Court of Appeals overturned a $60,000 award for damages against Hoff.
Judge Jill Flaskamp Holbrook, appointed to that panel, stated in her decision that “Hoff’s blog post is the kind of speech that the First Amendment is designed to protect. He was publishing information about a public figure that he believed was true (and that the jury determined was not false) and that involved an issue of public concern . . . Attaching liability to this speech would infringe on Hoff’s First Amendment rights.“
The lawsuit resulted after Hoff exposed Jerry Moore as being involved in a high-profile mortgage fraud case, and accused him of various misdeeds. At the time of the blog post. Moore worked at the University of Minnesota Urban Research and Outreach/Engagement Center, where his job was to study mortgage foreclosures. Moore was fired from his job the day after Hoff’s post. Moore then filed a lawsuit for financial damages against Hoff for two counts of tortious interference – meaning he was fired because of the blog. Hoff said he told the truth and had documentation to back up his claims.
The Court of Appeals reversed the jury’s decision, saying that Hoff can’t be sued for publishing statements that are true. The Court also found that there wasn’t evidence that there was anything besides Hoff’s protected speech that interfered with Moore’s contract.
Hoff declared his trial to be the “Blogosphere Trial of the Century”. Johnny Northside’s blog retired in June 2015, but archives can still be read online. The MisAdventures of Johnny Northside