One of the ways The Dreadful Pro-Se Schmalfeldt alleged in his LOLsuit that I defamed him was in statements made in a peace order petition. One of the points I made to Judge Kramer on Wednesday is that such statements made in a peace order petition or an application for statement of charges are privileged. While there may be a criminal penalty for lying in such documents, one can’t be sued for defamation for statement made in them. Also, someone republishing the contents of such documents can’t be sued for defamation—if he is accurately quoting what was filed with the court.
On 18 May, the Cabin Boy™ posted a piece at The Liberal Grouch that purported to contain the text of the application for statement of charges filed against in the pending harassment case in Montgomery County. I’ll be served a copy of that charging document on 2 July. When I have the document in hand, I will compare what is in it with what the Cabin Boy™ published. If he hasn’t published the actual text, he will not enjoy the protection of publishing a public document. In that case, the text in his post will not be protected, and he could be held accountable for any defamatory statements.