Academia Sues KABC and McIntyer for Slander
Many would of thought that after Academia Semillas del Pueblo's Charter was renewed, that peace, love, and drumming would have return to the "PUEBLO DE SERENO". But the favorite charter school of the Bloggersphere is not done yet.
Academia has filed suit against KABC radio and host Doug McIntyer for engaging in a "slanderous, racially motivated campaign last summer that resulted in a bomb threat to the school and ongoing security risks".
First thought is to laugh out loud at the audacity and absurdity of this lawsuit. But once one regain their senses, this is a serious and dangerous assault on Free Speech.
The main thrust of Academia's lawsuit is that McIntyer's comments cause "NUT JOBS" to call the school with bomb threats and causing risks to the students and staff. But one who knows the history of Academia, will remember that the school was targeted with threats when they were looking at land near Debs Park for expanding their school.
Regarding to the charge of racism. One only needs to refer to the "NAZI MOUSE IMAGE" above to see who is promoting racism. Regarding racism further, what this lawsuit attempts to do is target a group of people and their thoughts. I don't find this surprising that in the wake of the removal of Kevin James from KABC and with the Don Imus controversy. That the "INTOLERANT LEFT" and their allies in local government (Monica Garcia, HIS POLLONESS, Gil Cedillo and the "LA ANTONIA TIMES"), would resort to frivolous lawsuits to control speech.
But most important here, "WHO IS PAYING FOR THIS ATTACK ON FREE SPEECH"??. Today it is Talk Radio under attack. Tommorrow, it will be the Bloggersphere. Lets follow the money trail on this and find how far "UP", this attempt to control speech will lead.
Posted by Red Spot in CD 14 @ 4/19/2007 08:47:00 AM
33 Comments:
Is it true that Disney makes $$ donations to LaRaza. If so will ASP demand that NCLR stop taking the tainted $$ from an alleged racist entity.
I'm all for freedom of speech but it is illegal to incite violence or illegal acts against others. You cannot say post someone's name and address in a militant antiabortion group then state they are going to have an abortion. They will be attacked. Look at the abortion doctors that were murdered after someone posted their home addresses and told people they were abortion doctors.
Remember all the animal nuts? They were charged with inciting violence, harassment, terrorism for posting the names and addresses of people who do animal research. People then went to their homes and beat them up, vandalized, graffiti'd, did bomb threats, sent real bombs. Those people who incited violence are now doing 7-14 years in prison even though they did not commit the actual violence.
I didn't hear the show so I don't know what the guy said but if he was trying to incite violence, he is in the wrong.
This lawsuit will last approximately 30 days. All KABC 790 has to do is file what's called a "SLAPP" motion. This lawsuit, in my opinion, is an improper attempt to intimidate people into refraining from exercising their First Amendment right to discuss public policy issues. Shame on the school!
Happily, the Legislature has adopted a statute that lets defendants dispose of such lawsuits summarily. I trust KABC's lawyers will take advantage of same.
The definition of "inciting violence" has been changed by these Aztlan Marxists.
According to them, speaking out against the illegal immigration is inciting violence. Disagreeing with them is inciting violence. Winning a debate against them inciting violence.
Oh, and of course, disagreeing makes you a racist, too.
Oh, and the Jews are to blame for everything.
If that school can afford to bring litigation against KABC they must have a lot of money. Even a "Slapp: motion will cost the school at least $15K and will cost KABC at least $50K. If the school can afford $100K to waste on this..why do they need to be funded...they are a private school, with a private agenda. LAUSD should not support them with money or lawyers.
Rulings of the U.S. Supreme Court have increasingly supported the rapid judicial review and dismissal of SLAPPs. Using standards developed in earlier cases (Eastern Railroad Presidents' Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 81 S. Ct. 523, 5 L. Ed. 2d 464 [1961], and United Mine Workers v. Pennington, 381 U.S. 657, 85 S. Ct. 1585, 14 L. Ed. 2d 626 [1965]), the Court ruled in City of Columbia v. Omni Outdoor Advertising Inc., 499 U.S. 365, 111 S. Ct. 1344, 113 L. Ed. 2d 382 (1991), that the First Amendment's Petition Clause protects "a concerted effort to influence public officials regardless of intent or purpose." The Court held that SLAPPs should be dismissed in all cases except those in which the target's activities are not genuinely directed at gaining favorable government action.
A number of states have passed laws intended to prevent SLAPPs and protect the right to participate in public activism. Washington became the first state to pass an anti-SLAPP law in 1989. By 1996 eight other states—California, Delaware, Massachusetts, Minnesota, Nebraska, Nevada, New York, and Rhode Island—had passed such laws. The Minnesota Citizens Participation Bill of 1994 (Minn. Stat. § 554.01-05), for example, protects public participation by requiring a court to dismiss a SLAPP unless the filer can prove that the target's activities were not directed toward producing government action. The law also shifts the burden of proof to the SLAPP filer and allows the SLAPP target to collect attorneys' fees, costs, and damages if the SLAPP is unsuccessful.
SHAC in the US was sued for inciting violence with their website. They said it was freedom of speech. They lost and are now in jail.
SHAC was sued in California by the Chiron corporation. Again, SHAC did their anti-SLAPP case, and they lost. Inciting violence is not freedom of speech. Their speech had nothing to do with public participation or expressing views. It was threatening and intimidating behavior. They were intentionally trying to terrorize the employees.They were trying to cause financial harm to the company. Someone then set a bomb off at their headquarters.
Freedom of speech is not the freedom to say anything you want. You can't yell "fire" in a movie theater. You can't libel, slander, defame people. You can't threaten to kill someone. You can't lie and tell people that so and so is a child rapist, in the hope that someone will go and kill the person.
Again, I didn't see what the guy actually said in this case so I don't know all the details. Just talking about freedom of speech in general.rthaii
Doug McIntyre personally offered a reward for information leading to the arrest and conviction of anyone making the alleged bomb threat. Does that sound like inciting violence? Of course not.
The school's goal, in my opinion, is simply to change the subject, that subject being its abysmal failure at educating children. Unable to defend their track record on the merits, they try to change the subject by filing a lawsuit. They should focus on teaching, not litigating. I hope KABC recovers an award of its attorney fees.
No Mr. Moore, our goal is to bring to light the fear and danger that McIntyre's lies created. If someone was unable to prove his or her statements, it would be McIntyre.
The school has grown in API in all but 1 of the last 5 years (and that year the growth of almost 100 students from surrounding schools). Here’s some other facts that you may find of interest, seeing as how you’re such an advocate for clear and concise reporting,
1. Sixth grade Academia students, those who have been with us the longest, performed higher on STAR tests then all Eastside local middle schools
2. Academia students are healthier than their peers according to California Fitness Tests due to the rigorous Tai Chi Chuan and Aztec Dance curriculum.
3. Special Education (SPED) students at Academia have been found by a LAUSD District Validation Review team to be better served than most SPED students in LAUSD.
4. Academia students are less likely to become involved in gangs, or other self-destructive behavior due to the rich curriculum of culturally based character development and high levels of parent engagement. Currently 0% of Academia students are involved in gangs.
Mr. Moore, healthier kids will; more then likely, become healthier adults, creating less of a burden on our already straining national health care issue. Children who remain out of gangs will open up a world of opportunities unavailable to those that fall victim to the gangs. If nothing else, how could you possibly call these factors failures?
Sure my Mandarin speaking, tai-chi practicing, Aztec dancing, 2nd-grade level reading 5 year-old may take a bit longer to finish the race...but when he does, he's going to be kicking ass.
Doug wasn't able to prove any of his lies, but he was able to spread them enough so that our children were in danger. How's that for a bottom line Mr. Moore?
Don't worry, I don't hold your disdain for the school against you, after all, it isn't as if you've ever stepped foot on our campus or spoken to any of our children. It's simply a case of monkey see, monkey do. No hard feelings.
...but when he does, he's going to be kicking ass.
because he'll have to learn how to defend himself cause he won't be able to get a job that would allow him to move out of the barrio?
Oh anonymous 1:35...Sorry you aren't intelligent enough to understand a colloquialism from an actual statement. Next time I will type s-l-o-w-e-r.
In what planet do you live in that speaking 4 languages would be a disadvantage?
An ability to speak many languages is a good thing. But an inability to leave the barrio isn't.
McIntyre has strong opinions (rightfully in this case), but was careful in the use of his language (without being politically correct)and was/is rightfully very much against the use of any violence even after the KABC reporter was assaulted. I hope he fights vigorously this apparent frivilous lawsuit.
Oh yeah, the school is a huge success story -- that's why LAUSD staff urged that the charter be revoked.
Way to go Academia, not only have you alienated most rational Angelenos with your marxist, racist, separatist agenda, now you show your true hypocrisy by accusing the one local radio host with enough guts to expose your hate filled curriculum of being a racist himself! In a way I have to admire your gall, how bold of you all to think that somehow you can turn the attention away from your own blatent racism by pointing fingers at everyone else.
Don't you get it? Academia has zero credibility with anyone other than politically correct cowards or the racial bigots who support your, "Blame the white man" mantra.
The ONLY thing that will stop me from doing all that I can to close down your indocrination center masquerading as a school is when you refuse every penny of our tax dollars and put your money where your mouth is. But we all know that will never happen, none of you have the courage of your convictions...just another bunch of "victims" sucking off the government teat. Pathetic.
Americans would have never tollerated this type of subversion on their own soil, even fifty years ago.
Marxists will not rest until every country is an equally impoverished, third-world country.
Carmelita has this message attached to her (or his) profile:
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Obviously this blogger is Marcos Aguilar in drag.
That Mickey Mouse poster tells me everything I need to know about this controversy.
You bozos need a new shtick DESPERATELY!
I'm pretty sure that carmelita is 'Carmelita' from The Wake Up Show...
Given the criminal crap published on some blogs (not this one, at least when the blogmasters are paying attention - the worst it gets is merely insulting!), let's hope blogs ARE next in line for more scrutiny.
By the way, the animal nuts referred to by 10:10 a.m. are still at it (just not on MayorSam), going strong, and reading more and more like people who might snap and grab a semi-automatic and go after someone.
It's okay for free speech to be linked to being held accountable for what's being said.
Anon4:41 Hi, Disney is racist, after all the give $$ to LaRaza.
Guilt by association
I can’t believe the sorry excuse for spin coming from Red Spot and the likes of Walter Moore. It’s pathetic! The fact of the matter is that McIntyre and his Rogues’ Gallery used our nation’s public airwaves to stoke the flames of fear and hatred for weeks on end, the results of which were down right criminal!
McIntyre and Co.’s nonstop hate-filled rhetoric was out-of-control. In fact, I specifically remember that SOB Rob Marinko repeatedly referring to Semillas as the “Mexican Madrasah,” and asking sarcastically if, “those kids are learning about human sacrifice?” Yeah, they were having fun alright. But as a result, the school principal’s image appeared on right-wing websites, blogs, and cable television all across the country; the principal’s home address was posted on different website (as a matter of fact, Mayor Sam, you’re lucky this blog wasn’t included in the lawsuit since you allowed the same home address to appear here for days!); and, worst of all, young schoolchildren lived in fear of some psycho taking matters into his own hands by exacting violence on them! Undoubtedly, there is a direct cause and effect between McIntyre – while empowered by his proprietor, Disney – and the threats and harassment visited upon Semillas since May 2006.
Sorry, McIntyre, I don’t think anyone makes umbrellas for the type of shit storm that will soon befall you.
Sincerely,
XF
"XF",
The "STORM OF FECES" that you allude to is acually what will fall upon the attempt by willing allies such as you to shield the vile attack on Free Speech that Academia is undertaking.
I think when folks find out about Atzlan's anti-semitic rants this will all be mute.
LA VOZ DE AZTLAN EDITORIAL
Los Angeles, Alta California
"The Magic Kingdom was a very different place when it was under the control of its founder Walter E. Disney. Now that it is under the control of the super Jewish Mogul Michael Eisner, it has lost much of its enchantment."
"This film was produced by the Jewish Warner Brothers in 1948. Today the images being portrayed of Mexicans by Hollywood are no different than the stereotyped "bandido" portrayed in "Treasure of Sierra Madre"."
"The mainstream and well known Chicano organizations like MALDEF, NCLR, NALEO, SVREP and many others are simply puppet organizations of those who fund them and it is not La Raza. The same is true of many Chicano politicians who are members of the Jewish dominated Democratic Party including Villaraigosa.
For many years, extremely wealthy and powerful Jewish interests have been investing in the development of a cadre of "puppet" Chicano political leaders and in the formation of Chicano "front" organizations. Many will recollect the Jewish involvement in the education and trainning of Cesar Chavez and Dolores Huerta."
"No, Gray Davis is not an Anglo marrano, a hidden, closeted Jew. He is, on paper, a Catholic, but his political career has been shaped, and largely financed — as much as any statewide politician including our two Jewish women senators — by the Los Angeles Jewish community."
"Ms. Tamar Galatzan of the ADL of B'nai B'rith (Sons of the Covenant), a well known U.S. branch of the Israeli MOSSAD, as making a statement that should chill the spines of every freedom loving American. Her statement also shows that there is a very well orchestrated and coordinated movement around the world that is working in union. The Canadian media mogul Izzy Asper won the coveted B'nai B'irth International Award of Merit and Tamar Galatzan of the ADL of B'nai B'rith was quoted, in the last sentence of the tabloid's article, as saying, concerning our publisher, "We're going to keep an eye on him."
To 9:17 -- How ridiculous! If you believe the paranoia expressed about Jews reflects the views of anyone else other than the author, then you must know you are just as paranoid about brown people. Look at the bright side: you found your kindred spirit at La Voz de Aztlan.
And to Anon 8:40 -- God forgive him for he does not know how to construct a sentence.
Yours truly,
XF
The charter school still should not be soaking up tax dollars for it's funding.
Schools that seek to promote a particular culture usually are run independently of taxpayers' support.
That is really the objection that is entirely missed by supporters of Academia.
Does Academia take a position that ANY criticism of the school must have been originated by racist minds? If you look around in the past when people got themselves worked up in their call for censor, they have protested about what a radio air personality does without even having heard what was spoken. There's a rush to judgment by people based on second-hand information, usually taken out of context or incorrectly presented to them. This often happened with Howard Stern's show.
A poster above talks about speech that incites, but admits to not hearing what McIntyre said. So we work making assumptions instead.
This is not unusual for critics of radio people. The are not "fans" but they are not even "listeners" of the targetted air personality.
I have somehow managed to hear most of the certain statements complained about and it's a real stretch to try to characterize them in the way complained about.
Most of the comments are reasoned opinions based on information available. Academia is responsible for what they present the public. Their website appeared to undergo a remodel at the outset of the events - remember that? KABC reporter Sandy Wells was nearly hit by a SUV and then he was roughed-up, as I recall. That was by a parent, wasn't it? That was an actual assault, not some manipulation of semantics.
The lawsuit here is a bogus attempt to vindicate themselves.
This lawsuit is going to backfire. Villaraigosa if he wants to be president will have to shut them down. Won't play well in the heartland otherwise. It could be his SISTA SOULJA moment.
And don't forget the KENNEDY REPUBLICAN!
XF, if I were you I'd look into the abominable practices that are now known to have been an integral part of Aztec life. They in fact included EATING PEOPLE captured in war.
And after seeing what contemporary Aztec crazies can do (such as Ramon Flores and Juan Alvarez), aren't you concerned that these kids might be getting some wrong ideas planted into their heads?
btw, has Ramon Flores been indicted yet?
I believe Flores was arraigned and pleaded not guilty
As a teacher, let me grade this school---F for foolish. The principal not only talks like a fool but appears like one too.
I guess they don't teach students about the First Amendment at the "school." Maybe they study Chinese to learn instead about the importance of following the Party Line.
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