By Andrew Coen
Greenbaum filed court papers on Feb. 13 against Google Inc., which owns the Orthomom blog, in Manhattan Supreme Court to force Google to reveal the blogger¹s identity. The petition for pre-lawsuit discovery also seeks to identify anonymous contributors to the blog who allegedly posted comments accusing the District 15 school board trustee of anti-Semitism.
In the court papers, Greenbaum said she was "horrified" to discover the comments made about her on the site by Orthomom, who invited responses to what was written.
Orthomom aims to appeal to the Long Island Orthodox Jewish community, and claims it draws more than 300,000 visitors a year.
The action is a prelu de to a defamation lawsuit, if the identity of the bloggers is revealed. "Every day that the defamatory material remains on the Internet for all to see, I continue to be harmed as more such material is posted," Greenbaum stated in the court papers. "I believe that I have a valid claim against the anonymous writers who are responsible for spreading these unfair lies, but without the requested information there is no way for me to find out who is responsible and to bring a lawsuit."
The attacks against Greenbaum have intensified recently, since she publicly opposed "using public funds for private-school interests."
Hofstra University Law Professor Eric M. Freedman said Greenbaum's action of seeking Orthomom's identify has little to no chance of moving forward since derogatory language against a public official like a school board member is protected under the first amendment. Professor Freedman, an expert on the First Amendment and other civil liberty issues, said in order to seek the identity to pursue a lawsuit there needs to be a chance that the grievance would be successful which is not the case in Greenbaum's action.
"If the courts are behaving appropriately this filing will go absolutely nowhere," said Professor Freedman. "If she knew who Orthomom was and sued her directly it would be thrown out."
Greenbaum was first elected to the school board in 2003, and has been a staunch supporter of preserving public-school interests in District 15. When district voters elected private-school candidates Michael Hatten and Uri Kaufman last May, for the first time the school board had a majority of non-public-school parents -- with Greenbaum the most vocal of the trustees in the minority.
Greenbaum said that her attorneys have advised her not to comment further on the suit. The law firm handling the case, Feder and Rodney, Esq., also declined comment.
In addition to seeking the identity of Orthomom, Greenbaum is also requesting a temporary restraining order preventing the blogger from adjusting or altering records and comments on the site, so that the evidence is "properly preserved."
"I think she's absolutely justified," Stanley Kopilow, Greenbaum's fellow school board member, said of her suit. "You can't slander people and stomp on people's reputation anonymously."
In a Feb. 16 blog, the anonymous Orthomom called Greenbaum's court action "frivolous" and added that if she was so offended by the comments, she could æhave asked to have them removed, which has been done in response to other requests in the past.
"I have it on expert legal opinion that this case is a joke," wrote the blogger. "This is more about 'unmasking' me than about her hurt feelings."
Lawrence school board President Dr. Asher Mansdorf said that since 2001, when he began serving as a trustee, he has often been deeply offended by comments made about him and has even been the target of death threats, but, he added, bringing a lawsuit is not the answer to the problem.
Mansdorf criticized Greenbaum's action against Google. He also slammed recent suits brought against the Lawrence school district, including one attempting to remove thre …e Orthodox members from the board and another trying to block a referendum that, if approved, would have provided busing to pre-kindergarten students in private schools and permitted community groups the free use of school buildings after hours. Mansdorf said the court actions were "designed to intimidate."
He also expressed his concern that the impact could dampen open dialogue. "Does Pam not think that a lawsuit will have a chilling effect on free speech?" Mansdorf asked.
A spokesman for Google Inc. would only say that the company has not been served with a complaint yet in regard to Greenbaum's action.
Comments about this story? ACoen@liherald.com or (516) 569-4000 ext. 210.
