Once upon a time there was a professor at a prominent Eastern university who taught blogging as a course for undergraduates. Dozier Internet Law was hired to get a section of his blog, hosted on a University server, taken down since it was focused on attacking our business client. So we did not go directly to him. We went directly to the President of the University. And the President of the University went to the General Counsel of the University. Not only did the blog come down, but Mr. Blog Professor agreed to never mention our client's name again...and all without a lawsuit.
Once upon a time there was a librarian. She mentioned in a post on a site, and then in her own blog, that our business client was an alleged "scam operation". Dozier Internet Law approached her, explained the realities of life to her, she ran off and got the assistance of one of the prominent free speech groups, and they promptly caved in to our demands in full. No lawsuit was filed. She is to never mention our client's business name again, and all of her posts and blogs were pulled off the web forever.
Professors and Librarians. The Bastions of Free Speech. In both instances they had legal counsel. In neither instance was a lawsuit filed. In both instances all of the posts critical of our client were removed from the web forever. Both of the bloggers agreed to never speak, or allow others to speak on their blogs, about our clients again. That's results.
So every time a "learned professor" spouts off about free speech, understand that he or she is in a survival mode. Because while the general public may not know about the many matters we handle against the professorial types, the word has likely spread like wildfire through the halls of academia that if they think they can hide behind their institutions or some free speech lawyers like Public Citizen, they are wrong.
If you receive a letter from us you are usually being invited to resolve a matter through appropriate and reasonable discussion and negotiation. If the issue becomes public, you have a big problem. If the matter leads to litigation, you have a bigger problem. If you are lucky enough to convince one of the public interest groups to take up your case, you really have a big problem. Ask these public interest groups how much money they have in a fund to pay for a judgment rendered against you. The answer is Zilch. They are taking your case to get publicity, incite the passions and prejudices of their constituency and raise more money...and all of the risk of the outcome of the litigation is on your shoulders. When a financial judgment comes down, you have to pay it. And, when someone "Googles" your name it is likely they will read all about your misconduct and the lawsuit and the judgment on the first page of results for the rest of your career, and possibly your life. That's why disputes get resolved privately and confidentially...and why the public interest groups make private disputes highly visible and public. Lawyers owe a duty to always try to act in the best interests of their client. Do public interest lawyers like Public Citizen act in your best interests when faced with a dispute? Or do they act in their own self interests, turning private matters into highly publicized public issues to gain traction in fundraising so they can continue to have a job and pay their bills?