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Home > Myrtle Beach Area Chamber of Commerce v. "Elmer Fudd"

Myrtle Beach Area Chamber of Commerce v. "Elmer Fudd" [1]

Submitted by DMLP Staff on Fri, 12/11/2009 - 11:53

Summary

Threat Type: 

Lawsuit

Date: 

09/04/2009

Status: 

Pending

Disposition: 

Subpoena Enforced

Location: 

South Carolina

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
On September 4, 2009, the Myrtle Beach Area Chamber of Commerce sued  "Elmer Fudd," an anonymous commenter on TheSunNews.com.  From Popehat (quoting the original Sun News article that is no longer available): The posts, which appeared on the comment... read full description
Parties

Party Receiving Legal Threat: 

John Doe a.k.a "Elmer Fudd"

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • South Carolina

Location of Party: 

  • South Carolina

Legal Counsel: 

David Slough; Cherie Blackburn

Legal Counsel: 

Pro Se
Description

On September 4, 2009, the Myrtle Beach Area Chamber of Commerce sued  "Elmer Fudd," an anonymous commenter on TheSunNews.com [2].  From Popehat [3] (quoting the original Sun News article that is no longer available):

The posts, which appeared on the comment sections of several stories last month, claimed the Horry County Sheriff's Department had conducted raids at the chamber and other businesses. The posts also claimed that computers were seized from those businesses, although a sheriff’s department spokesman said no raids occurred and no computers were seized.

"The claims were absolutely false," said Cherie Blackburn, a lawyer representing the chamber of commerce. Blackburn termed the posts "a vicious cyber defamation campaign" in court documents filed Friday in Conway.

The publisher of TheSunNews.com [2] notified "Elmer Fudd" that, pursuant to a subpoeana, she would reveal his identity to the Chamber unless he objected to the subpoena. The newspaper is not a party to the suit. "Elmer Fudd" filed a motion protesting the release of his information, arguing that the subpoena violated his First Amendment right to speak anonymously and that he did not have sufficient time to find an attorney.  Fudd did not appear through an attorney at a December hearing on the Chamber's motion to compel disclosure of his identifying information.

According to TheSunNews.com [4], the court signed an order on December 4 compelling it to turn over identifying information to the Chamber.  The SunNews.com did not have records identifying the poster's name, but turned over an email address "noadtax@gmail.com."  (There appears to be a related facebook page, No Ad Tax [5].)

TheSunNews.com reported [6] on December 5 that Grand Strand Chamber of Commerce founder Ward Shepherd named former Myrtle Beach Mayor Mark McBride as "Elmer Fudd," after being subpoenaed by an attorney for the Myrtle Beach Area Chamber.

Related Links: 

  • The SunNews.com: Chamber attorneys file motion to compel in "Elmer Fudd" case [7]
  • Popehat: Myrtle Beach Chamber of Commerce sues "Elmer Fudd" over allegedly libelous statements [3]
  • TheSunNews.com: Information about Elmer Fudd revealed [4]
  • TheSunNews.com: Grand Strand Chamber founder: Mark McBride is Elmer Fudd [6]
  • TheSunNews.com: Ex-Myrtle Beach mayor tagged as Elmer Fudd [8]
  • CarolinaLive.com: "Elmer Fudd" hearing held Thursday [9]
  • CarolinaLive.com: Sun News ordered to release identity of "Elmer Fudd" [10]
Details

Web Site(s) Involved: 

TheSunNews.com [2]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • Anonymity
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • South Carolina

Source of Law: 

  • South Carolina

Court Name: 

Horry County Court of Common Pleas, South Carolina

Court Type: 

State
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

-MW reviewing 10/. cannot find court documents. 

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/myrtle-beach-area-chamber-commerce-v-elmer-fudd

Links
[1] https://www.dmlp.org/threats/myrtle-beach-area-chamber-commerce-v-elmer-fudd
[2] http://www.thesunnews.com/
[3] http://www.popehat.com/2009/09/09/be-vewy-vewy-quiet-im-fiwing-wawsuits/
[4] http://www.thesunnews.com/news/breaking_news/story/1198896.html?storylink=addthis
[5] http://www.facebook.com/people/No-Ad-Tax/1669780090
[6] http://www.thesunnews.com/142/story/1200749.html?storylink=omni_popular
[7] http://www.thesunnews.com/news/breaking_news/story/1098889.html?storylink=mirelated
[8] http://www.thesunnews.com/news/local/story/1201094.html
[9] http://www.carolinalive.com/news/story.aspx?id=384975
[10] http://www.carolinalive.com/news/story.aspx?id=385308