Blogger Sued and First Amendment

My question involves defamation in the state of: KY Federal Court.


What is the name of your state (only U.S. law)KY

I run a blog exposing the abusive treatment of children by dental mills as well as the medicaid fraud that goes on in these places. dentistthemenace.com These clinics only treat children who are on medicaid.

Most dentists won't accept medicaid patients because they say the reimbursement from the state is too low for them to make any profit, yet these dental mills are making millions of dollars. How can it be both ways?

One of these companies put many of their files on an open ftp site. I was sent an email by a third part who did a search about one of their clinics and several documents came up, one important one that exposed the various states they operate in, the various names they use, etc. I then received a phone call from another person who had also found this site. I typed the site name in my address bar and low and behold several documents that one could consider "internal" came up. I downloaded a few of them, many were just advertising budgets and stuff like that. However one, as I mentioned about was very telling. It showed the name of the clinics to use in advertising, the DBA name, then the legal name. It showed in large red lettering when not to mention and what state not to mention the corporate name, since corporate dentistry is illegal in many states. In this large Excel file it even mentioned what name to use as the 'owner' in states that require a "licensed dentist' own said clinics and explicitly mentioned not to mention the name these clinics mainly go under, in some states they change the name as not to be associated with the corporate or main name these clinics go by.

Needless to say I posted a few of these documents, including the ad budget, the corporate contact information as this telling Excel spreadsheet.

Within a week I was served with a complaint siting Trade Secrets, Copyright and defamation from other posts on the blog.

This company filed suit in Federal Court and tried to get an injunction/Temp. Restraining Order, Ex Parte. The judge told them to notify me immediately and set a hearing date that was on a Tuesday. I was served with the notice of the hearing on Friday night about 7 pm.

Over the weekend I was emailed several times kind of being pushed "highly suggest" I take down those documents. I agreed and on Monday before the hearing I signed a Consent Injunction to take down the requested documents.

However I still have the defamation hanging over me and I have to file my Answer by 12/4. I'm going to have to do this Pro Se for sure.

Since I have taken down the documents, would the Federal Court still have jurisdiction?
What motions should I file to try and get this dismissed?
When should I file them?
What all must I include in my Answer if it comes to that?
Can I counter sue for Infringement of my First Amendment Rights: Free Speech, Freedom to Petition (I'm trying to use my blog to get laws changed), Freedom of the Press (I feel after all the months I've spent researching this stuff I've pretty much become a journalist), in fact many other reporters have contacted me for information that I have uncovered.

Would this company be libel proof, it's had investigative reports done on it's practices done by at least 5 different investigative reporters and has even been featured on Good Morning America and another will air Dec. 5 I think on 20/20 that will expose most of what I've been saying. They were even able to do a hidden camera and caught them trying to tell a parent the child needed more work than needed done which would clearly show they are trying to over treat children in order to obtain medicaid dollars.

Is there someone out here to can help direct me as to what I need to file, how it needs to be worded etc.

Thanks for taking your time to read this and I appreciate any advice you can give. I can send you the complaint if you contact me privately.

Also I've received Interrogatories already and I've not even got my answer filed yet! Most of the question want me to answer things I could never possibly know, like the make and model of any computer I've owned or used in the last 5 years.

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Can I counter sue for Infringement of my First Amendment Rights: Free Speech,

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No. You have no Constitutional right to disseminate proprietary company documents, even though you obtained them through the stupidity of the people charged with handling those documents.

The First Amendment does not mean "I can say whatever I want, whenever I want, and no one can stop me!" It means "I can hold opinions, even if the government doesn't like them, and the government can't tell me to shut up or put me in jail for them." You're being sued by a private entity. The First Amendment does not apply.

Freedom of speech ALSO does not mean freedom from the consequences of your speech. You spoke, there are consequences, and the Constitution is not going to relieve you of them.

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Freedom to Petition (I'm trying to use my blog to get laws changed),

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Publishing the stolen documents of a private company is not even close to the same as petitioning the government for the redress of grievances. It is not the same as criticizing the government.

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Freedom of the Press (I feel after all the months I've spent researching this stuff I've pretty much become a journalist)

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Precedent says you're not a journalist and do not enjoy the same protections that accredited journalists do. You may be a source, at best, if journalists are contacting you for information, but the judge is not going to recognize you as a journalist.

I know you think that you need to go pro se. Don't. Don't even try. You are in way over your head and it will not end well for you. You need an attorney and you need one now.

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Quoting Babymomma

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My question involves defamation in the state of: KY Federal Court.

Within a week I was served with a complaint siting Trade Secrets, Copyright and defamation from other posts on the blog.

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I have no comment on the Intellectual property claims, however, the federal court is bound by KY law as far as a defamation claim is concerned:


KY Constitution:


Section 8

Freedom of speech and of the press.

Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.


This clause is a public clause, IMO, as defamation against the government as a whole is not actionable in this country.


You have to read how the exact defamation claim is worded, and under what statutory or case law. You have to counter it that it was your right to speak freely under the KY constitution.

Defamation is basically described as a LIE with malicious intent to harm a person, business etc.

If this was the accusation, counter it with the truth of the print.