UFOWatchdogs UFO Court Case
Frivolous Litigation Fails To Silence Website
Touting himself as “one of America’s greatest psychics”, Sean David
Morton didn’t have the ability to foretell his own future when he
filed a one-million dollar defamation lawsuit against the Internet
website UFOWATCHDOG.COM and its editor Royce J. Myers III.
Morton alleged in a lawsuit that UFOWATCHDOG.COM and its editor had
“printed false and libelous statements” in a series of articles
appearing on the Internet. These articles, most notably ‘The
Shameless Psychic and His Prophecy of Lies’, challenged many of
Morton’s public claims regarding his supposed psychic abilities, his
UFO claims, and raised serious questions about Morton’s alleged
background and educational claims.
Representing UFOWATCHDOG.COM, well-known Los Angeles civil rights
attorney Carol A. Sobel filed a motion to have Morton’s lawsuit
dismissed under a California statute enacted in 1992 to protect people
from defamation and other Strategic Lawsuits Against Public
Participation (SLAPP). A SLAPP suit is usually filed under the guise
of a defamation claim and is designed to silence outspoken opponents
or critics by forcing them to devote time and resources in combating a
lawsuit.
Once the motion to dismiss is filed by the defendant, the party filing
the motion is faced with proving two burdens: The statements
complained of were made on an issue of public interest and the
statements were made in a public forum. The public forum in this
matter was the UFOWATCHDOG.COM website and
the public issue was Morton’s alleged expertise and public claims
regarding UFOs and paranormal phenomena, which are both obviously
issues of public interest.
Sobel appeared at a hearing on March 13, 2003, in Los Angeles Superior
Court before Judge Cary Nishimoto. In arguments submitted to the
court on behalf of UFOWATCHDOG.COM, attorney Carol A. Sobel noted
that Morton had “not submitted a shred of evidence to prove the
falsity of even a single one of the alleged defamatory statements he
claims Defendants made of and concerning him.” A tentative ruling was
issued by Judge Nishimoto in favor of UFOWATCHDOG.COM. The ruling was
not final, as Judge Nishimoto provided Morton’s attorney a second
chance to file papers with the court to offer evidence of Morton’s
claims.
“Apparently Mr.Morton’s attorney failed to file some papers with the
court. The judge gave Mr.Morton’s attorney another chance to file the
papers. After the initial ruling, we had to wait for a final ruling
from the court so the judge could take Mr.Morton’s papers into
account. Even with the judge giving Mr.Morton a second chance to
offer proof to the court, it still didn’t do any good,” Myers said.
On April 1, 2003, Myers was notified of Judge Nishimoto’s final
ruling, which was in favor of UFOWATCHDOG.COM. In a two-page ruling
and the initial ruling, Judge Nishimoto stated that Morton had “not
shown that he can prevail or show actual malice or that the matters
complained of are not true…”
“Obviously, Judge Nishimoto made the appropriate decision.
California’s SLAPP statute gives a fair and open opportunity for the
plaintiff to make their case. Mr.Morton created an opportunity for
himself to prove the veracity of his claims publicly and he couldn’t
do it. Not only does the court’s ruling vindicate UFOWATCHDOG.COM, it
also serves to demonstrate that you can’t extort people into silence
by suing them.”
UFOWATCHDOG.COM is now back online and features an updated version of
its original investigation into Morton. You can read the updated
story ‘The Shameless Psychic and His Prophecy of Lies’ by visiting http://www.ufowatchdog.com/morton1.html
UFOWATCHDOG.COM editor Royce J. Myers III will be appearing on various
radio programs throughout the week discussing the lawsuit. On
Tuesday, April 8, 2003, Myers will be a guest on the nationally
syndicated Jeff Rense radio program and will also be a guest on
Strange Days…Indeed hosted by Errol Bruce Knapp on Saturday, April
12, 2003.
ABOUT UFOWATCHCDOG.COM
Since early 2001, UFOWATCHDOG.COM has challenged a number of the
claims made by well known UFO personalities, has provided commentary
on the UFO and paranormal fields, has served as a news source for both
UFOs and the paranormal as well as having exposed UFO hoaxes all in an
effort to further more rational and scientific debate regarding issues
such as UFOs and the paranormal.
Contact: [email protected]
Release compiled by C. O’Shaughnessy
Congratulations to UFOWATCHDOG.com
—
Dr.Postman USPS, MBMC, BsD; “Disgruntled, But Unarmed”
Member,Board of Directors of afa-b, SKEP-TI-CULT� member #15-51506-253.
You can email me at: eckles(at)midsouth.rr.com
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