Demings v. Harris [1]

On April 17, 2009, counsel for Orlando Police Chief Val Demings sent a letter threatening legal action against Ezell "Easy" Harris, publisher of Valdemings.com [2], a website that criticizes her performance in office. According to the Orlando Sentinel [3], the letter accused Harris of "'maligning' and defaming the chief . . .[and] violat[ing] the law by using her 'persona' and identity."  The letter demanded that Harris take down the website or face a lawsuit.

Among other things, Valdemings.com [2] features a report on the theft of Demings' service weapon, which was stolen from her vehicle in February and has not been recovered.  It also features an "article on a stolen Orlando police car that was found in Parramore and a piece on Demings' husband, Orange County Sheriff Jerry Demings, and his policy against media leaks."  Harris says that he will not take down the website and that he is simply exercising his First Amendment rights.  

In comments to the Orlando Sentinel [3], counsel for Demings discounted the First Amendment issues at stake:

"Truth is not always a defense," Winthrop said. "I hope he [Harris] gets himself a really good lawyer," he said. 

Marc Randazza at the Legal Satyricon [4] (and CMLP [5]) has taken Demings and her lawyer to task for the weakness of the legal claims.