Attorneys for former Kootenai County GOP CC Chairwoman Tina Jacobson, has filed the following memorandum to the motion to quash subpoena filed against the Spokesman-Review in her attempt to gain the identity of three anonymous HucksOnline posters. The memorandum contends that the newspaper has no legal basis to file motion to quash and asks that Judge John Luster deny the motion, reading in part: "The service provider claims federal statutory immunity for liable appearing on its blog but is not a party to the action. However, the provider purports to stand in the shoes of the defamer and is applying legal doctrines inapplicable to an internet provider to shield the wrongdoer. The subject matter of the subpoen does not deal with the information in the hands of the newspaper or involved a newspaper's attendant rights under the law." You can read the memorandum by Winston & Cashatt attorney C. Matthew Andersen here.
- The Spokesman-Review has filed a response to the above motion. HucksOnline will publish that response when it becomes available (probably today).
- Judge Luster will hear arguments beginning at 9 a.m. Friday.