State of Oklahoma (Miller) v. King [1]

Harold King runs the forum site "McAlester Watercooler [2]," which he describes as a forum for citizens of McAlester, Oklahoma to "voice their views about the on-going City events." In August 2008, local District Attorney Jim Bob Miller filed an offense report with the McAlester Police Department against King.  Around that time, local businessman Wayne Stipe and his mother Billie Jean Stipe also filed a criminal complaint accusing King of slander and "imputing unchastity to females."  (In 2005, Stipe's uncle, Gene Stipe, filed criminal charges against King for defamation as well [3].)

On August 12, 2008, the DA's office issued a subpoena [6] to King, requiring him to produce identifying information, including social security numbers, for about 35 people who posted under pseudonyms on the site.

According to press reports [7], King filed an objection to the subpoena in district court on August 15, but stated that he gave police the identities of two bloggers — himself and another blogger who had previously given him permission to do so.  Police have indicated [7] that they likely will not seek additional information from King.

Oklahoma has a criminal libel statute, making libel "punishable by imprisonment in the county jail not more than one (1) year, or by fine not exceeing One Thousand Dollars ($1,000.00), or both." 21 Okla. Stat. § 773 [8]. "Libel" is defined as "a false or malicious unprivileged publication by writing, printing, picture, or effigy or other fixed representation to the eye, which exposes any person to public hatred, contempt, ridicule or obloquy, or which tends to deprive him of public confidence, or to injure him in his occupation, or any malicious publication as aforesaid, designed to blacken or vilify the memory of one who is dead, and tending to scandalize his surviving relatives or friends." 21 Okla. Stat. § 771 [9].

Update:

09/2008 - the case was moved to the District Court for Kay County.  Pittsburg County, where the case was filed, was the county overseen by District Attorney Miller.  Kay County District Attorney Mark Gibson took over the case for investigation.

09/2009 -  Oklahoma Attorney General Drew Edmondson’s office agreed to a deferred prosecution agreement [10] with D.A. Miller on a charge of common barratry,” which is "the practice of exciting groundless judicial proceedings," Okla. Stat. tit. 21, § 550 [11].  As part of the deferred prosecution agreement, Miller agreed not to seek re-election in 2010. Additionally, District Attorney Mark Gibson charged Wayne Stipe with assault and battery in connection with a physical altercation with King.