Wednesday, October 8, 2008

Med-Blogger Subpoened Over Comment on Blog

Medical blogger Westby "Dr. Wes" Fisher has been subpoenaed. Not over something he wrote, but over something a commenter wrote.

According to Wes:

I can tell you I was subpoenaed for a discovery deposition about one of my posts on this blog. I was not named as a party in the suit occurring in Cook County Circuit Court here in Illinois, mind you. Rather, the plantiff thought for sure that I knew one of the anonymous commenters on my blog. I did not. They insisted that I take down the post on my blog. I have not. They asked that I remove the comments identifying individuals on my blog. I have not and will not. They wanted me to take down an image I posted on my blog. It still stands.

More at his site, linked above.

Update - See also:
Physicians and Blogging (Kevin M.D.)

Labels: First Amendment

posted by Eric Turkewitz
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Comments:

I hope at some time we get more info, I'd like to see exactly what the comment was, and what the picture was

# posted by  Blake Boyd : October 08, 2008 7:05 AM

 

Blog site owners should never be punished for a comment posted on their blog spots unless it is conscientiously illegal and immoral. To avoid having the same problem, I think comments should be subject to the site owner's approval.

# posted by  LAlawblogger : October 24, 2008 4:04 AM

 

Comments should be subject to the decision of a moderator. However, a blog site owner cannot be held liable for comments made on his blog.

# posted by  LAlegaldefender : October 29, 2008 9:41 PM

 

I don't think this is punishment. The guy was being asked in the administration of justice and the law. In a manner of speaking, he was just asked to help to make works easier for people concerned. This may be a little off-beat for now, but as they say, human experience precedes the law. Rules of evidence are continuously evolving based on this experience and modern day practices.

# posted by  jlex : November 21, 2008 12:13 AM

 

I practice exclusively in Cook County, Illinois. I'm interested to find out the nature of the case (and the reason for the subpoena). As a fellow personal injury law blogger, I certainly hope liability does not attache to comments made on my blog.

# posted by  Chicago Lawyer : June 30, 2009 10:08 AM

 

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