Can a blog be sued for something a reader writes? Maybe, but I truly doubt it. Santa Ana Unified School District Trustee Jose Hernandez and his lawyer seem to think so. I received the letter seen below via fax today. Apparently one of our readers commented that Hernandez beat his wife. I decided to check this out for myself.
I searched for “Jose Alfredo Hernandez” on the Orange County Superior Courts website. Check out the graphic below. Some guy with the same name has been a very busy boy. But is it the same guy?
I have to assume it is a different guy, since this lawyer is so upset about what an anonymous commenter wrote. Now he is asking me to retract the comment, but how can I retract something some anonymous person wrote? I deleted the comment and I emailed Hernandez and his lawyer and asked if they really wanted me to write a post about this. I have not heard back so I am writing this post, since the lawyer said in his letter that he wanted me to “immediately publish the requested retraction.”
Again, I cannot retract something I had nothing to do with. So here is my official statement: “One of our readers commented anonymously that Jose Alfredo Hernandez, who is a lawyer and a member of the Santa Ana Unified School District’s Board of Education beat his wife. I am informed by Hernandez’ lawyer that this is an untrue statement. As a courtesy I have deleted the comment in question. We have investigated the claim against Hernandez and found that someone by the same name has in fact gotten into a lot of trouble. We are not however at this time able to ascertain if we are talking about the same guy. We are sorry that one of our readers posted a statement that may have been untrue and we encourage Mr. Hernandez to clear the air by affirming that the man named by the O.C. Superior Court in a number of cases is in fact a different fellow.”
If you would like to contact Hernandez’ lawyer, Nathan Jacques Warren III, you may email him at this link. I checked with the State Bar of California. Warren was admitted to practice law in 2007, so apparently he has not been practicing law in California for many years. You might drop him an email and let him know what you think of a lawyer who demands that someone retract a statement he didn’t write.
You may contact Hernandez at this link. Send him an email too and ask him why he is demanding that we retract a statement we did not write. And ask him why he can’t afford a more experienced attorney.
I noticed that both Hernandez and Warren graduated from the Whittier School of Law, which is ranked #150 amongst U.S. law schools, by an online source. It is ranked almost last in the second tier of law schools by another online source. The Whittier College School of law is also ranked almost last, at number 187, by another online source. Lastly, the Whittier College School of Law is NOT included in the U.S. News top 100 Law School Rankings, which you may read at this link. Harvard it’s not, apparently.
To find out more about Hernandez, click here.
Blogs have no influence, right Phil?
Well somebody is afraid of us.
SMS
Common names with common mistakes. I’ve found my own name in the court logs and it wasn’t me. If this wasn’t Hernandez then an anonymous blogger jumped to a conclusion. Comments are comments right or wrong and plenty have been posted everywhere. It would seem to me that Hernandez could have easily said “you have the wrong Hernandez” and proved it easily instead of putting up a 1 year wonder legal beagle to threaten you.
Do you think it might be because you have opposed his re-election? Typical SAUSD tricks. Attack even when they don’t have a case. What has Hernandez got to worry about? No one takes an anonymous post that seriously unless it is backed up with proof.
Damn. It looks like we’re going to have to tighten our belts here, cut back on our pixel usage. If Hernandez brings this blog down, we’ll all be out on the street, just scratching to survive. At least I’m glad Carl’s got our backs with his arsenal for when things turn truly Road Warrior. We should NEVER have allowed comments here, I guess it was only a matter of time. I wonder if Jubal will still hire me?
Oh! I heard something about Nathan Warren, wanna hear?
great post hope to see some additional comments next Saturday…see ya 😉
HAHAHA
OrangeJuiceBlog (who IS OJB? you Art?) can’t retract a statement made by a commenter, only the commenter can retract his own statement. All you can do is post the statement by Hernandez or his rep thet ” ’tain’t true”, and also post: “I’m gonna sue you if you don’t say ” ’tain’t true” yourself.” Now, Art, you can’t say either way unless you know the facts yourself.
Maybe young Joe can get a court order ordering you to identify the commenter, but I’m pretty sure him being an attorney, he isn’t going to expose himself to ridicule if he goes to a judge with this. He’s a public figure (same as a teacher, believe it or not) and we public figures have to tolerate a lot more flack than other citizens. Young Joe is just having a hissy fit and is trying to intimidate you, as well as our use of the First Amendment of the United States Constitution. Hey! Isn’t J. Hernandez campaining for public office right now. People arn’t allowed to say anything mean or untrue about a candidate for public office can they, (and is it really true that Jose Hernandez’ middle name is “Osama”?)
SAHS Teacher –
I completely agree with your assessment and had it been my decision, I would have told Johnny Nooblawyer over there to kiss my ass.
I guess he doesn’t read ‘Bob Loblaw’s Law Blog.’
SMS
SAHS Teacher,
According to the post Art wrote previously, the court page listed above, as well as his own candidate web page his full name is Jose Alfredo Hernandez.
NOT Osama as you intimated at the end of your comments.
I hope that you will join us (The staff of OrangeJuiceBlog.com) in attempting to speak the truth to further public discourse in a civil and legal manner. Thank you.
(I dislike with great vigor shoveling bovine fecal matter…)
Brother Carl. I can always tell when your back is hurting you, and I hope it gets better. But it is entirely appropriate, when this blog is threatened, to repond with ridicule and jibes. THAT IS THE O.J. WAY!
Gotta run off to play at Baci now, catch you all after ten… XOX
Carl, Carl, Carl …. You won’t have to do any shoveling of BFM (aka BS), I can do all the heavy lifting with that, maybe with a little help from Vern. And if you would do the truth-speakin’ part of an issue, than I’ll do my part and do the lyin’. Carl, you don’t smile much, do you?
Sarcasm people, jeez….
and I smile all the time 😉 I LMAO
I’m just very misunderstood in my clarity.
Didn’t you find my staff statement to be totally over the top, even for me? Civil discourse my ass…roflmao around here….after the last few days?
-whew- that’s a relief.
hey Baci was a blast, you all should come some time
while you may NOT have written the post in question,you or someone on your crew allowed it to post without checking if it was true, ala the Bustmante story you wrote and got slammed for.
Rick,
Wow – it sounds like you graduated from the Whittier College School of Law…
Man, The picture speaks for itself! This jerk is beating his wife and then acts like it’s not him?! These guys think they can do anything! I am glad you posted this story and picture, Art. It changed my mind on who to vote for, that’s for sure!
Wife beaters are a bunch of chicken-sh&*$!
The good news is school board member Hernandez does not beat his wife.
Nonetheless, I will not voting for him on 11/4.