Showing posts with label freedom of the press. Show all posts
Showing posts with label freedom of the press. Show all posts

Saturday, January 24, 2015

Why is Darren Chaker stalking Maura Larkins--even though his conditions of release from federal prison forbid it?

Related story: Completely false allegations made in an effort to banish woman from California school (Article about a situation similar to the story below; the accusers were the ones who ended up in jail when two parents at an Irvine, California elementary school tried to destroy the reputation of a parent volunteer)  See also The Letter that got Maura Larkins fired regarding Castle Park Elementary School in Chula Vista.


Why is Darren Chaker so interested in Maura Larkins?

by Maura Larkins
Jan. 24, 2015

In San Diego, Darren Chaker, who is currently on supervised release from federal prison for bankruptcy fraud, is stalking me (teacher/blogger Maura Larkins).  As his rap sheet makes clear, Chaker doesn't let honesty interfere with his efforts to achieve his goals.

Why is this man so interested in me?

Darren Chaker has been sending letters about me to people on my street. Some of us are a little bit nervous, since Mr. Chaker has a troubling law enforcement record.

It seems clear that Darren Chaker got interested in me because I reminded him
of Wendy Mateo, the grandmother of his child.  A few years ago Chaker sued Mateo for calling
him a "deadbeat dad".   His suit was thrown out as a "SLAPP" by San Diego
Superior Court.

In July 2011, Chaker was appealing his loss to the Court of Appeal.

At the same time, I was appealing a ruling by Judge Judith Hayes, who ordered
me never to speak or write the names of Stutz, Artiano Shinoff & Holtz law firm or
any of its attorneys.

My case was clearly very similar to the Mateo case.

Mr. Cahker sat down next to me at the Court of Appeal in July 2011 on the day
that attorney Shaun Martin presented winning arguments in my case.

I spoke to Chaker for a while, then I moved to the front row of the gallery.

My friend remained seated near Chaker.  She reported to me that Mr. Chaker
became very disturbed as he listened to the oral arguments and the comments
of the judges.  I suspect that Mr. Chaker was upset because it seemed likely
that the judges were going to come down on the side of free speech.

If that is what he believed, he was right.

On August 5, 2011 the California Court of Appeal in San Diego ruled that Judge
Hayes' injunction permanently forbidding me from mentioning the name of Stutz
law firm, either orally or in writing, was "exceedingly unconstitutional."

As I walked out of the Court of Appeal after oral arguments, I was approached by
Darren Chaker.

From the FBI website:
Man Sentenced to Federal Prison for Bankruptcy Fraud
U.S. Attorney’s Office
Dec. 17, 2013
HOUSTON—Darren David Chaker, 41, of Beverly Hills, California, and Las Vegas, Nevada, has been ordered to federal prison following his conviction of bankruptcy fraud, announced United States Attorney Kenneth Magidson. Chaker was found guilty April 4, 2013, following a five-day bench trial before U.S. District Judge Nancy Atlas.

Today, Judge Atlas sentenced Chaker to a term of 15 months in prison, to be immediately followed by a three-year-term of supervised release. He was further ordered to pay a $2,000 fine. As part of the sentencing, Judge Atlas included special conditions that he not stalk or harass anyone and obtain mental health counseling and anger management...


A sampling of Darren Chaker cases: 
Wendy Mateo
Chaker v. Crogan
Zaya v. Chaker
 
Mr. Chaker advised me to take down my website in exchange for the law firm's
agreement to not to make me pay attorney's fees.

I told Mr. Chaker that I would rather go to jail. He said, "I'm just advising you to do
this because they are so nasty."

Then Mr. Chaker went over to two members of the Plaintiff's law firm, and walked
out of the courtroom chatting with them! I do not believe that they had asked him
to approach me.  I believe he hatched the plan all by himself.

I reported the Court of Appeal incident with Mr. Chaker on my blog, thus apparently earning the ire of a man who is widely known for dishonest, malicious and aggressive behavior.

Mr. Chaker seems to have became even more enraged when he lost the appeal in the Mateo case.

He makes bizarre accusations about all sorts of people.  He refuses to acknowledge that Chula Vista
Elementary School District desperately tried to get me to go back to work after I
had been viciously harassed by Robin Donlan and other teachers at Castle Park Elementary.

I refused to go back to work without an investigation into the harassment I
suffered.  The district refused to produce a report on the "investigation" it claimed
to have initiated.

I was fired for "insubordination" because I refused to go back to work.  Here are
the charges against me.


Darren Chaker fails to mention that Robin Donlan and other teachers who
harassed me were transferred out of Castle Park Elementary when the district
realized that it had made a mistake by paying huge amounts of taxpayer money to
defend teachers who had behaved unlawfully.

Castle Park Elementary was out of control, with a $20,000 PTA embezzlement by Kim Simmons,
a parent who was a close associate of Robin Donlan.  The school was almost ungovernable as 11 principals in 11 years struggled to create a professional working climate.


Complaint board on Darren Chaker
Child molestation

Friday, November 15, 2013

Federal Court says Google has protected authors while allowing users to search Google Books for information

I agree with Google: we have a right to information. It shouldn't be hidden away on bookshelves, incapable of being searched for.
Google cannot be stopped
The search giant crushed authors this week. Next up, advertisers. It would be scary, if it weren't so darn useful
Andrew Leonard
Salon
Nov 15, 2013

Google won a huge victory on Thursday when District Court Judge Denny Chin ruled that Google’s massive book-scanning project, Google Books, was protected by the doctrine of “fair use” against charges of copyright infringement. The main plaintiff, the Authors Guild, announced it would appeal the ruling, but the consensus reaction of academics and tech pundits came down in support of the decision.

Chin’s explanation of his ruling certainly didn’t leave much wiggle room.

“[Fair use] doctrine permits the fair use of copyrighted works ‘to fulfill copyright’s very purpose, “[t]o promote the Progress of Science and useful Arts,”‘” wrote Chin.

In my view, Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders. It has become an invaluable research tool that permits students, teachers, librarians, and others to more efficiently identify and locate books. It has given scholars the ability, for the first time, to conduct full-text searches of tens of millions of books. It preserves books, in particular out-of-print and old books that have been forgotten in the bowels of libraries, and it gives them new life. It facilitates access to books for print-disabled and remote or underserved populations. It generates new audiences and creates new sources of income for authors and publishers. Indeed, all society benefits.


Judge Chin provided no data to support his assertion that Google Books surely results in additional book sales, but that’s just a quibble. The decision is clearly a big win for Google — another successful step forward in the search giant’s quest to “organize the world’s information.”...

Saturday, January 19, 2013

Defamation? Dr. David McKee sues because a patient's son filed complaints with medical boards as well as on Internet

UPDATE: Dennis Laurion wins victory for free speech in Minnesota Supreme Court against doctor who tried to silence him.

Should patients be punished for filing complaints to medical groups?

Doctor's suit tests limits of online criticism
By Maura Lerner
JewishWorldReview.com (MCT)

Two years ago, Dennis Laurion logged on to a rate-your-doctor website to vent about a Duluth, Minnesota neurologist, Dr. David McKee.

McKee had examined Laurion's father, Kenneth, when he was hospitalized after a stroke. The family, Laurion wrote, wasn't happy with his bedside manner. "When I mentioned Dr. McKee's name to a friend who is a nurse, she said, 'Dr. McKee is a real tool!'" he wrote.

McKee wasn't amused. He sued Laurion for defamation, and now the case is pending before the Minnesota Supreme Court.

McKee, 50, is one of a small number of doctors who have gone to court to fight online critics, in cases that are testing the limits of free speech on the Internet. "Doctors are not used to public criticism," said Eric Goldman, an associate professor at the Santa Clara University School of Law in California, who tracks such lawsuits. "So it's a new phenomenon for them."

While such cases are rare, Goldman said, they've been popping up around the country as patient review sites such as vitals.com and rateyourdoctor.com have flourished. Defamation suits are "kind of the nuclear option," Goldman said. "It's the thing that you go to when everything else has failed."

McKee's lawyer, Marshall Tanick, said the doctor felt he had no choice but to sue to protect his reputation and his medical practice.

"It's like removing graffiti from a wall," said Tanick. He said Laurion distorted the facts -- not only on the Internet, but in more than a dozen complaint letters to various medical groups...

If publisher Tim Crews loses his public records case, we all lose as well

See update of this story HERE.

Newton: Fighting the good fight
If publisher Tim Crews loses his public records case, we all lose as well.
October 15, 2012
Jim Newton
LA Times

The ability of Californians to scrutinize their government may rest on the outcome of a little-known case unfolding in a tiny Northern California town.

It began routinely enough. Tim Crews, the pugnacious, 69-year-old editor and publisher of the Sacramento Valley Mirror, a twice-weekly newspaper that serves Glenn County, filed a request under the California Public Records Act for records held by the local school district. Specifically, Crews was looking for evidence that district officials might have spent public money to influence the outcome of a local election.

District officials did what public officials in California all-too-often do when confronted with a request they don't like. They stalled. At first, they refused to turn over anything. Then they turned over some of the records Crews had asked for, but in a format that made it impossible to search them. And when Crews asked for attachments referred to in some of the emails released in the request, the district refused to hand them over.

Crews is nothing if not dogged. He kept at it, finally persuading a judge to review thousands of the documents in chambers. The judge spent 45 minutes going through the material and then declined, without explanation, to release any more of it.

Up to that point, the case was fairly unremarkable, one of thousands of disputed but ultimately resolved Public Records Act requests that wind their way through public agencies and courts every year. But then the judge in Crews' case, Peter Twede, did something extraordinary: He concluded that Crews' request had been frivolous, and he ordered Crews to pay not only his own legal bills but those of the school district. For the privilege of obtaining documents that were his legal right to have, Crews was ordered to pay more than $100,000, an amount later reduced to $56,000.

If the judgment stands — Crews has appealed — it would have a devastating effect on the newspaper, which only has about 2,800 paid subscribers. "It would wipe us out," Crews told me last week.

It would do more than that. If upheld by the appellate courts, the judgment would radically alter the contours of the Public Records Act in California. Imagine if every time citizens asked for records under the act, they faced the possibility of having to bear not only their own legal expenses but also those that the agency might run up defending itself. Who could afford such risk?

The consequences of Crews' case are so far-reaching that a number of organizations have come to his defense, including the First Amendment Coalition (on whose board I serve without compensation). William T. Bagley, who wrote California's public records law while in the Assembly in the late 1960s, has also filed an amicus brief in support of the editor.

Crews is used to conflict. He went to jail for five days in 2000 for refusing to identify a source. It wasn't so bad, he recently recalled. "I watched a couple movies; wrote some long, long columns." Over the last five years he's filed more than a dozen cases seeking public records or claiming violations of the state's open meetings laws. It's easy to see why some officials are annoyed by him, but he doesn't scare easily.

Still, with the future of his newspaper at stake, Crews is taking the threat seriously. The paper has never missed a publication date in the 23 years he has been there, and it has served as an important watchdog of local government, in the best tradition of community newspapers.

All that is reason enough to be troubled by the action of the judge in the Crews case. But the potential damage to the public extends well beyond Glenn County and even beyond the Public Records Act itself.

If upheld, this ruling would fundamentally reorient the relationship between the people of California and those who represent them. It would require members of the public to put themselves at risk to learn about their own government. It would recast government agencies and elected officials as immune from public scrutiny rather than accountable through that scrutiny.

As the Public Records Act itself states: "The people of this state do not yield their sovereignty to the agencies which serve them." For that reason alone, Crews deserves to win and his paper to survive.

Jim Newton’s column appears Mondays. His latest book is "Eisenhower: The White House Years." Reach him at jim.newton@latimes.com or follow him on Twitter: @newton_jim.

Tuesday, September 11, 2012

The man who calls himself Papa Doug now owns all of San Diego's major papers.

The UT-San Diego yesterday denied that it had bought the North County Times, but today admitted that it had. This makes Voice of San Diego all the more important to San Diegans.

U-T Buys North County Times
September 11, 2012
By DAGNY SALAS
Voice of San Diego

Developer and U-T San Diego owner Doug Manchester now owns two major daily newspapers in the San Diego region: The company jointly owned by Manchester and his partner, U-T CEO John Lynch, bought the North County Times for $11.95 million. Voice of San Diego reporter Rob Davis is on the story and has been tweeting about it this morning:

11 Sep 12
Rob Davis@robwdavis
NCT publisher confirms that, yes indeed, the sale is complete now. Today. For real...

11 Sep 12
Rob Davis@robwdavis
Yesterday's non-sale fiasco has the bad odor of a case of We Wanted to Control Our News So We Denied The Report...

11 Sep 12
Rob Davis@robwdavis
The man who calls himself Papa Doug now owns all of San Diego's major papers. Good time to reread my profile of him. http://www.voiceofsandiego.org/environment/muck/article_171fddf0-4311-11e1-8874-0019bb2963f4.html



PRESS FREEDOM INDEX 2011/2012

Syria, Bahrain and Yemen get worst ever rankings

“This year’s index sees many changes in the rankings, changes that reflect a year that was incredibly rich in developments, especially in the Arab world,” Reporters Without Borders said today as it released its 10th annual press freedom index. “Many media paid dearly for their coverage of democratic aspirations or opposition movements. Control of news and information continued to tempt governments and to be a question of survival for totalitarian and repressive regimes. The past year also highlighted the leading role played by netizens in producing and disseminating news.

“Crackdown was the word of the year in 2011. Never has freedom of information been so closely associated with democracy. Never have journalists, through their reporting, vexed the enemies of freedom so much. Never have acts of censorship and physical attacks on journalists seemed so numerous. The equation is simple: the absence or suppression of civil liberties leads necessarily to the suppression of media freedom. Dictatorships fear and ban information, especially when it may undermine them.

“It is no surprise that the same trio of countries, Eritrea, Turkmenistan and North Korea, absolute dictatorships that permit no civil liberties, again occupy the last three places in the index. This year, they are immediately preceded at the bottom by Syria, Iran and China, three countries that seem to have lost contact with reality as they have been sucked into an insane spiral of terror, and by Bahrain and Vietnam, quintessential oppressive regimes. Other countries such as Uganda and Belarus have also become much more repressive.

“This year’s index finds the same group of countries at its head, countries such as Finland, Norway and Netherlands that respect basic freedoms. This serves as a reminder that media independence can only be maintained in strong democracies and that democracy needs media freedom. It is worth noting the entry of Cape Verde and Namibia into the top twenty, two African countries where no attempts to obstruct the media were reported in 2011.”...