Vogel et al. v. Felice, No. CV0127424 (Cal. Super., San Benito County filed Sept. 2001).
Status: Denial of anti-SLAPP motion reversed,
127 Cal.App.4th 1006, 26 Cal.Rptr.3d 350 (2005).

Plaintiff candidates for public office alleged that defendants maintained two web sites --
www.geocities.com/bobvalenzuelasass and www.geocities.com/bobvalenzuelasass.isonfire.com -- which made several derogatory statements about plaintiffs, including that they were “dumb asses” and that one was an alcoholic and the other was a “deadbeat dad.” Defendants sought to get the case dismissed under California’s anti-SLAPP statute. The trial court denied the motion, but on appeal the California Court of Appeals reversed the lower court and granted the motion dismissing the case. The appeals court also held that calling someone a “dumb ass” is not defamatory.

Links and Court Documents:
Case and documents: http://www.citmedialaw.org/threats/vogel-v-felice
Appeals Court decision: http://www.casp.net/cases/felice.html

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