Zer01 Loses $43 Million Lawsuit To MLM Partner For Never Delivering Phones

Mayor Gets City Council To Pass Law Demanding Critical Website Get Shut Down

from the not-going-down-that-freedom-of-speech-road dept

Wed, May 26th 2010 1:35pm — Mike Masnick

What is it with politicians and their problems with free speech? Apparently, the mayor of Bordentown, New Jersey, one James E. Lynch Jr., is pretty damn upset about the website BordentownMayorReallySucks.com. I guess you can understand why. Now, of course, when you have critics like that, there are all sorts of things you can do in response. You can respond to the criticism. You can ignore the criticism. You can take legal action against specific statements if you believe they are defamatory. What you don't get to do is pass a law that requires the company that hosts the site to shut it down.

But, it appears, that's exactly what Bordentown Mayor James Lynch is doing.

Apparently, Lynch convinced the town council to agree to a "resolution" demanding the ISP that hosts the site take it down, saying that it "violates New Jersey's consumer affairs law and possibly other state and federal laws." I love the vagueness of "possibly" violating other laws. Now, as the article notes, the site was, at one time (briefly) just called BordentownMayor.com, but quickly renamed itself. So it's unlikely that there's any confusion going on these days. Sucks sites have been found to be legal time and time and time again.

If there's specific defamatory content, as the mayor claims, I could see a reasonable case for dealing with that (though, in all honesty, doing so would just call more attention to the content). But demanding that the entire site be shut down? That's going way beyond what the law allows, and no town resolution gets to ignore things like the First Amendment. But, the best part may be the quote from Mayor Lynch:

"This website has to be removed," the mayor said. "I'm not going to go down the freedom of speech road. But some of the stuff that's on there is fraudulent. You want to put information out? Fine. Say you don't like me? Fine. But attacks on my wife, my daughter? I won't stand for that."

Except, you are going down that freedom of speech road by trying to take down the whole site, in pretty clear violation of the First Amendment. If there is specific content that is defamatory, then sue over that content. Do not use your position is mayor to pass a special resolution demanding a website be shut down completely.

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Filed Under: bordentown, criticism, free speech, james lynch, mayor, new jersey

37 Comments

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Anonymous Coward, 26 May 2010 @ 1:29pm

Great article, check your spelling though.
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pegr, 26 May 2010 @ 1:41pm

Demading?
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Anonymous Coward, 26 May 2010 @ 1:42pm

Re:
It's a perfectly cromulent word!
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Seth, 26 May 2010 @ 1:46pm

This would make me want to vote for him even less, as it is clearly an abuse of power.
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Anonymous Coward, 26 May 2010 @ 1:50pm

I mean, I can understand his anger if they started expressing gross profanities against his family. Not that I agree or disagree with how he handled the situation, but I can definitely understand his anger and reaction, especially if what was claimed was false and malicious. It is a slippery slope though.
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Phillip Vector (profile), 26 May 2010 @ 1:51pm

This town I consider my hometown (actually, it was Roebling which was the next town south, but Bordentown was the nearest "big" town near me).

I feel ashamed all of a sudden.
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Anonymous Coward, 26 May 2010 @ 2:08pm

the basic legal question would be if this is a new law, or just a non-binding resolution by the city coucil. did they actually pass a law, or just a statement? both pieces are lacking in this very basic and very important difference between the two.
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aguywhoneedstenbucks (profile), 26 May 2010 @ 2:16pm

Re:
Try living in East Texas and see how ashamed you feel.
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Anonymous Coward, 26 May 2010 @ 2:26pm

Re:
Hardly relevant. One is worse, but the other isn't any better.
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interval, 26 May 2010 @ 2:26pm

Re: Re:
Indeed. It embiggens its user.
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Anonymous Coward, 26 May 2010 @ 2:31pm

Re:
"Apparently, the major "? You mean Mayor?
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Anonymous Poster, 26 May 2010 @ 2:31pm

James Lynch, meet the Streisand Effect.

Streisand Effect, meet James Lynch.

You two play nice now.
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Nastybutler77 (profile), 26 May 2010 @ 2:42pm

Re:
"Hardly relevant."

Those two words sum up virtually everything that TAM has ever posted here. Once again he's making his tired "there's not enough information in this article to reach that conclusion" arguement.

If you're not TAM, then I apologize, but you sure sound like him.
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Pixelation, 26 May 2010 @ 3:06pm

Fightin' words
" But attacks on my wife, my daughter? I won't stand for that."
I'm gonna bitch slap you with a resolution to ban your website, bitch!
That mayor is one tough SOB. Don't mess with his family or he'll step on your rights.
Thank God he's only in local politics.
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Anonymous Coward, 26 May 2010 @ 3:09pm

Re:
Didn't know that Bordentown, New Jersey existed, or anything about it, until know. Now I know that a) it exists and b) the Mayor sucks. So chin(s) up Jimmy, look at what being introduced to the world as someone who sucks did for Monica Lewinsky's career.

Oh...
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tijir (profile), 26 May 2010 @ 3:13pm

Re: Re:
"Try living in East Texas and see how ashamed you feel."

Ashamed of living in East Texas? Not a chance, it is awesome here.

I guess you are referring to the all the patent lawsuits that get filed here. There is no shame in me for some idiotic judges who refuse to understand these things.
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bubba, 26 May 2010 @ 3:18pm

is this the James E. Lynch Jr t who raped his daughters?
because this could be another James E. Lynch Jr, i would have to check with Streisand on which James E. Lynch Jr this is i guess, but i heard that there was a James E. Lynch Jr who was a rapist and made child porn in his basement...
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james e lynch, 26 May 2010 @ 3:28pm

Re: is this the James E. Lynch Jr t who raped his daughters?
I do not make child porn in my basement. It's too damp. I use the attic.
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Greevar (profile), 26 May 2010 @ 4:09pm

Re: Re:
Don't be so derantus, it's making my frond hurt!
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Pixelation, 26 May 2010 @ 4:43pm

Fightin' words
" But attacks on my wife, my daughter? I won't stand for that."
I'm gonna bitch slap you with a resolution to ban your website, bitch!
That mayor is one tough SOB. Don't mess with his family or he'll step on your rights.
Thank God he's only in local politics.
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Mike, 26 May 2010 @ 4:54pm

I just registered a site...
called BordentownMayorPiratesCopywritedDVDs.com and I'm hosting it at my house.. Now the esteemed Mayor can get the MPAA involved... and really get "All Agencies" involved.
I may get BordentownMayorBroadcastsMajorLeagueBaseballWithoutExpressWrittenConsent.com but my registrar charges by the letter so I have to sell a few more DVD's in Times Square before I can afford it.
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Dave, 26 May 2010 @ 5:16pm

Re: I just registered a site...
Just use 08505MayorSucksBalls.com it is less then half the letters and can get the same point across.

And to get the MPAA involved just print the DVD liners with the putz's email address on it.
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Anonymous Coward, 26 May 2010 @ 6:54pm

Re: Re:
very relevant, actually. one is a law, must be followed, the other is a non-binding resolution, sort of like talking out loud or perhaps making a post on a blog. the difference would be rather big.
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Anonymous Coward, 26 May 2010 @ 7:52pm

Re: Re: Re:
Laws don't need to be followed! Just laws, sure, but just because it's a law . . . .
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steve, 26 May 2010 @ 11:56pm

what will the isp do?
I hope that ISP tells the mayor and the city council to go fuck themselves, and if they don't i hope to God a lawyer will see this story and sue the town and the ISP. A funny thing they could do is just block the site from his home and office ip
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Yogi, 27 May 2010 @ 12:52am

WTF
Does anyone in the United States have any idea how this democracy thing works? Sure doesn't look like it.

It's as if there is a basic contradiction between politics and democracy in the States.
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Any Mouse, 27 May 2010 @ 3:51am

Re: WTF
Yes, let us take the actions of one incompetent moron and apply them to over 300 million people! That makes sense, right?
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Anonymous Coward, 27 May 2010 @ 5:40am

Re: Re:
I've been accused of being TAM about 9 times since starting to comment on this site.
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Your confirmation system sucks, 27 May 2010 @ 6:23am

Godaddy has hosting for $4.99 per month.
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Chuck Norris' Enemy (deceased) (profile), 27 May 2010 @ 6:51am

Re: Re: Re:
You guys are all loosers! =]
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aguywhoneedstenbucks (profile), 27 May 2010 @ 7:33am

Re: Re: Re:
I don't know about awesome, but yes, I was partially referring to the idiotic judges. The other part is the big truck/shit kicker culture that is so prevalent.
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btr1701 (profile), 27 May 2010 @ 7:37am

Re: Re: Law
> Hardly relevant. One is worse, but the other
> isn't any better.

It's extremely relevant legally.

A resolution is just the city council (or Congress or whoever) saying, "This is what we feel." It's basically just their opinion on the matter. It has no binding requirement on anyone or force of law. As such can't be overturned by the courts.

An ordinance, statute or regulation, however, does bind people and have the force of law and therefore is subject to judicial review.
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btr1701 (profile), 27 May 2010 @ 7:38am

Re: Streisand
> James Lynch, meet the Streisand Effect.

What's funny is the Bordentown sucks site actually has a picture of Babs alongside the mayor's photo.
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Anonymous Coward, 27 May 2010 @ 9:36am

send the mayor your thoughts:
btownch@verizon.net
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Overtkill (profile), 27 May 2010 @ 11:32am

Hmmm!
Who runs Bordentown?? Call Him Mayor MASTER-BLASTER!

You talk bad about mah clan? EMBARGO ON!!!!
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Nastybutler77 (profile), 27 May 2010 @ 2:47pm

Re: Re: Re:
An easy way to avoid that is to use a unique name when you post your comments.
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Nobody Knows, 30 May 2010 @ 12:05pm

The Mayor is a rump ranger?
http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com http://james.e.lynch.isgay.com

Mayor Lynch proven to be a peter puffing bootie bandit with a taste for HUGE black cawks? Check it out.
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