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Plainfield Trustee Wants Names of 'Anonymous Cyberbullies'

Garrett Peck filed a petition for discovery seeking the account information and IP addresses for Plainfield Patch users, saying they hurt his election prospects.

 

Plainfield village trustee Garrett Peck wants to identify anonymous online commenters, saying they posted false information that hurt his bid to become an Illinois state senator.

Peck, who was defeated in November 2012 by Democrat Jennifer Bertino-Tarrant for the 49th District seat, said he wants to uncover the commenters' identities, including a Plainfield Patch user, so he can potentially sue for damages.

In a petition for discovery filed Tuesday in Cook County Circuit Court, Peck is asking Plainfield Patch and Topix, a local online discussion board, to provide information about several commenters. He claims they are responsible for derailing his campaign. The petition asks Patch to turn over the users' account information and IP addresses, along with providing comments since removed from the site.

"I'm not against people making comments on the Patch or other media websites," Peck said. "The issue is anonymous cyberbullies attacking with damaging comments with no accountability, and this has to change."

The filing alleges that a Patch user who goes by the user name “Tim” commented on articles to post “patently false” accusations about Peck, who is now seeking re-election to the Plainfield village board. In the document, Peck also requests account information for two other Patch user accounts, for user names “Ron”/“Rod Jidzny” and “Eyes on Plainfield.”

In the documents, Peck states that user name "Tim" commented on an article published in September, calling Peck a "sociopath" and a "conman," and accusing him of bribing the police.

The petition states that "Tim" posted a comment "claiming 1) that the Plainfield police came to [Peck's] home to investigate a report that the petitioner had assaulted his wife and 2) that the petitioner subsequently paid the police cash to avoid an arrest."

Other comments accused Peck of illegally obtaining information about competing bids to help his company, Magik Technology Solutions Inc., win a 2011 contract to provide equipment to the Plainfield School District, the court document states. 

According to the petition, the statements made by the commenters are "factually and verifiably false" and "caused the petitioner anguish and suffering, and have resulted in harm to both his and his company's reputation."

Peck said he believes the user names "Tim" and "Ron" belong to the same Patch commenter.

Peck also wants Topix, which provides a forum for online discussions, to provide account information for an anonymous user by the name of "Fiscal Republicans," who allegedly accused Peck of having an extramarital affair. Topix LLC, a privately held company, is funded by the Tribune Company, Gannett, and the McClatchy Company. 

The petition names Patch, Topix and "John Doe" as defendants.

In the court filing, Peck attributes his loss in the November election to the online comments, stating, "as a direct and proximate result of the aforementioned defamatory content, [Peck] was not elected to the 49th District Illinois State Senate."

The petition goes on to say Peck loaned his own campaign about $80,000, and that the annual salary of a state senator is $70,000 plus benefits.

A hearing is scheduled for Feb. 6 at the Richard J. Daley Center in Chicago.

"The overall goal is to get their identities," Peck told Patch on Thursday, "and then we'll decide what our legal options are."

Peck is represented by Chicago law firm Saper Law, which specializes in cases involving social media, copyright infringement and online libel and slander.

Related Topics: Defamation, Plainfield Patch, and garrett Peck

Olddeegee

2:55 pm on Thursday, January 10, 2013

This ought to be good. Well Mr. Peck, you've got our attention now.

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abe forman

3:05 pm on Thursday, January 10, 2013

Spent all his money on the election,now he wants to sue to get it back

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Lysa Heaton

3:17 pm on Thursday, January 10, 2013

I say good luck to Mr Peck! It's disgraceful that people can use social media and online media platforms to spread untruths and not be held accountable. Opinion is one thing, misinformation and defamation quite another! I'm completely against all forms of bullying whether cyber or non so I'll be interested to see where this goes.....at the very least let's hope it stops the cowards who don't even comment under their true names!

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Old Lee

3:52 pm on Thursday, January 10, 2013

"Opinion is one thing, misinformation and defamation quite another!"
Good point.

Joe Smith

3:20 pm on Thursday, January 10, 2013

Hey, Where is are old boy "Tim" on this one? He has something to say about everything. Maybe he will stop talking about teachers pensions and focus on his upcoming court case. Go get em!! Peck.

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I. J.

9:42 pm on Friday, January 11, 2013

It's not just "Tim". If you noticed, all of the big posters on Patch are absent from this thread. Kinda makes you wonder how many screen names "Tim" has.

TB Plfd

3:29 pm on Thursday, January 10, 2013

I voted for Peck but after reading this article it will be a cold day in hell he will ever get my vote again. I beleive in freedom of Speech and seem like Peck dont and now i wish i didnt vote for him.

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Betsey

3:52 pm on Thursday, January 10, 2013

Good for you Garrett Peck, yes there is Freedom of Speech. But, there is also a thing called "Defamation of Character". If you believe and more so KNOW that you are speaking the truth then use your name, not hide behind a fake name. A certain poster by the so called name of "Tim" has posted many untruths about various people in this community. There are people that do not know these people that he is posting about, and take it as the truth. What if some of these people are people that are say trustees, candidates running against them. I believe in the old saying...
Walks like a duck, quacks like a duck, it's a duck!

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Grandpamike

3:56 pm on Thursday, January 10, 2013

Oh, so typical....It's a conspiracy Garrett, all of the cyber bullies didn't like your agenda. Seems like every time a Republican loses to a Democrat, it is because of some mysterious campaign to impugn his reputation, has nothing to do with his lack of meaningful legislation or ideas as the cause. Cry baby....

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grandmasusie

4:01 pm on Thursday, January 10, 2013

It's a shame "Grandpamike", who is very likely the chairman of the Plainfield Democrats has to turn this into a partisan issue. Cyberbullying and demataion crosses party lines my friend. Stop maiing everything so political. This is why I vote for local Republicans regardless of what my thoughts are on the top of the ticket.

This is about being human!

John Crissup

4:02 pm on Thursday, January 10, 2013

Our constitutional guarantee of freedom of speech does not give one the right to publically harass or slander someone falsely. Adding in the ability to do so anonymously does not change that. I see nothing wrong with pursuing their identity.

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Olddeegee

4:48 pm on Thursday, January 10, 2013

Then why didn't Mr. Peck address the issue then? Why didn't he refute the claims online, or write a blog explaining his side. He waits until he's ten grand in the red and decides to sue? Sorry, he's wrong here.

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Joel Craig

6:04 pm on Thursday, January 10, 2013

Agree with Don on this one. If everything that was untrue or a personal attack was removed from every form of media during the election cycle, we wouldn't have a single campaign ad anywhere to be found. Is it dirty, yes, but unfortunately that's how politics is played these days. I doubt one single person's vote was swayed by anything posted here by "Tim" or anyone else. The fact of the matter is that if you had an R after your name this year, odds are you lost the election. Blame Madigan, redistricting, Obama, even Bush, but blaming "Tim" (or Ron or eyes or any other Patch poster) is a stretch. Who's the real bully here?

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Grandpamike

9:46 pm on Thursday, January 10, 2013

@granmasusle

Of course, it is political, and furthermore, I am really not interested in whom you vote for, this is about Mr. Pecks claim of defamation and of lying that supposedly derailed his campaign. Then let him go through the process of gaining a subpoena and stating in it what charges he will make in a court of law, and not, threaten Topix and Plainfield Patch using the same tactics he is railing against, which would be through the newspaper. While I disagree with most of what Tim has posted here in the past, we do have a 1st Amendment and if he is guilty of falsehoods with respect to Mr. Peck, than we have a justice system to alleviate these matters.

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Grandpamike

9:46 pm on Thursday, January 10, 2013

@Olddeegee

You are correct, sir.

HowieF

4:48 pm on Thursday, January 10, 2013

My seven proxies, let me show you them.

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Vicki Pawlowski Dallmann

9:46 pm on Thursday, January 10, 2013

Perhaps Patch might consider allowing commenting only if the user is signed in via Facebook. Sure, aliases can still be used in FB but there'd be far less expectation of anonimity.The trolls might think twice and the rest of us might enjoy more constructive threads.

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Tina

6:22 pm on Friday, January 11, 2013

Not everybody is on facebook, nor wants to be. Commenting on local issues should not have anything to do with facebook.

Larry Jones

9:46 pm on Thursday, January 10, 2013

Both Patch and Topix could surely provide web analytics data that I'd be willing to wager demonstrate that the number of visitors who viewed comments impugning Mr. Peck was fewer than the margin of his loss, but then they'd have to admit their own irrelevance.

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Grandpamike

9:46 pm on Thursday, January 10, 2013

I would like to know what protections we posters here have against such actions of Garrett Peck and the likes of him, to protect our anonymity ? I believe the courts have made rulings with respect to ISP'S protecting the rights of their users against similar actions. I may be wrong, but am willing to be corrected. Ms. Bertino-Tarrant got approximately 53 % of the vote or over 4,000 votes more than Mr. Peck, so I guess it was more than the postings here on PP.

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Brandon Andreasen

9:46 pm on Thursday, January 10, 2013

Oh my god, Christmas is happening for me all over again!

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Olddeegee

11:30 pm on Thursday, January 10, 2013

Yea, this is pretty wild, isn't it? If he wins, imagine the precedent and the lawsuits that could be filed. Both Presidential candidates would have pretty good cases. This, in my opinion, is why the case will be thrown out.

Jim W

11:26 pm on Thursday, January 10, 2013

This is right from the Will County Board of Elections:
http://results.enr.clarityelections.com/IL/Will/40544/113428/en/summary.html

Jennifer Bertino-Tarrant (DEM) 54.32% 41,371
Garrett M. Peck (REP) 45.56% 34,705

So let me see if I understand this; 3 internet trolls, seen only on the Plainfield Patch, are single handedly responsible for Garrett Peck's CRUSHING 6,666 vote defeat??? Seriously? That is a really disappointment for me, because I arrogantly supposed that the 4' x 4' sign for Bertino-Tarrant, that I had on my front lawn might have helped play some minor role in doing so. Apparently, I was mistaken.

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grandmasusie

4:10 am on Friday, January 11, 2013

Jim, you did not factor in Kendall County. If you are going to post election stats-- maybe you should do some research and post the will/kendall results. It was closer than what you are posting and I beleive Peck might have a case against only the statement where "Tim" said peck beat up his wife and paid the police off. That is accusing Peck of commiting a felony. That goes beyond the line of free speech and opinion.That is just wrong..... We all know that if Peck did that he would be in jail and on the front page of every local paper..

Everything else is campaign mud slinging.

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Jim W

8:46 am on Friday, January 11, 2013

@grandmasusie

Fair enough, and here is that information, that you were either too lazy or not competent enough to produce.

http://www.co.kendall.il.us/county_clerk/election_results/2012/november_election.html

GARRETT M. PECK (REP) . . . . . . 5,231 55.98 4,134 1,097 JENNIFER BERTINO-TARRANT (DEM) 4,113 44.02 3,195 918

Will/Kendall election totals: Peck 39,936
Bertino-Tarrant 45,484

He still lost by over 5,000 votes, so yes it was closer than I posted, barely. Wow, the Patch holds such power! Does Madigan know about this valuable tool?

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TB Plfd

1:33 pm on Friday, January 11, 2013

I know tell me about it Jim W! I sadly voted for Peck and knew he was gonna lose because there was a R after his name and every where I looked there was a Bertino-Tarrant sign in people yards, alone highways and many people on facebook were posting signs of Jennifer on there time line and making the cover picture her election sign. After reading this article I only regret voting for Peck!

abe forman

4:10 am on Friday, January 11, 2013

I was wondering what happened to screech

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Mike Keniley

4:15 am on Friday, January 11, 2013

This is real sad for an elected official to stoop to this level. Singling out a few posters to claim they derailed his campaign is crazy. And then consider suing them? It will be interesting to see how the court of law looks at this. Elections are won primarily through door to door contact to get out the vote and this is how Jennifer Bertino-Tarrant won.

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Grandpamike

8:08 am on Friday, January 11, 2013

@grandmasusie
I find it amusing that you continue disputing a margin of victory for Ms. Tarrant as do other supporters candidates that lost, see Presidential Election 2012. The electorate has spoken though the process of the vote, so, really, get over the fact that Mr. Peck lost. As I have stated prior, let him file for discovery, but I would also like him to refute the accusations directed at him by user "Jim", maybe an investigation into the possibility of using his office to squelch said charges with regards to his wife and the police, should go forward.

I mean, really, one poster on a small rural newspaper forum "derailing" his candidacy is beyond credulity.

Tiffanie Sperling

8:08 am on Friday, January 11, 2013

He just gave those/that moron(s) more power by making it seem like anyone actually acknowledges anything they post on here. I'm pretty sure my 3rd Grader could give some better advice as to how to deal with a "bully". I would be sad for them to stop posting...Real Housewives of New Jersey isn't on right now and I need at least SOME mindless, ridiculous entertainment from idiots.

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Mayhem

8:08 am on Friday, January 11, 2013

Wow..... no "Tim" comments now......Interesting.

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SHANE

8:08 am on Friday, January 11, 2013

It doesn't matter who is elected anyways, nobody ever does what they say they will effectively and efficiently because the system is moronic at best.

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T-Bone

9:29 am on Friday, January 11, 2013

I didn't realize Tim was so powerful. I just thought he was one of us this whole time! I feel honored to mix comments with such royalty! Wow!

By the way, petty crap like this just lost my vote! Isn't Peck still on the Village Board? Sure there are more important things to worry about!

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jb

9:29 am on Friday, January 11, 2013

He is seeking re-election....Peck wants to draw attention to himself.....to put his name out there....so people can vote for him....I guarantee after this election you won't hear a peep from him until the next election....

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Matt

1:33 pm on Friday, January 11, 2013

No matter who, why, or the end result of the case he will have a harder time winning if he runs again. This, in my personal opinion, will only hurt him and not help at all. I do believe no matter if the accusations are true or not everyone deserves the right to face the person who is accusing of anything. No matter the legality of it. Yes free speech is a given right. Along with that right is the defendants ability to refute the accusations face to face or in this case comment to comment. Offering evidence, statements, and at least given the chance to know ofthe aaccuser is even a close enough party to remotely know the truth. If the person throwing things out there has only seen the sunlight through their Window looking past their computer screen credibility is out the door. Peck deserves that right to prove or disprove the assumptions. As well as the person slandering his name also has the right to speak it.

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Hugo

1:33 pm on Friday, January 11, 2013

Words have meanings. I hope Peck succeeds. Tim will have the opportunity to defend allegations. Sounds fair to me.

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Buckgrove

1:33 pm on Friday, January 11, 2013

Agreed, JB. This is about election publicity...and it's free. Local radio and TV will follow. Mr. Peck is up against the 1st Admendment and the 4th Estate. Good luck.

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Zaney

1:33 pm on Friday, January 11, 2013

Mr. Peck...I voted for you in the last election and have always voted for you however, I won't again. You lost the election and I am sorry for that however, if you had problems with comments being made about you, you should have dealt with it at the time. Bringing a lawsuit later saying the comments hurt your election prospects...well, I just lost all respect for you.

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Lysa Heaton

1:33 pm on Friday, January 11, 2013

The political angle is neither here nor there. As I said before, opinion is one thing, defamation quite another. It's quite laughable that 'Tim' hasn't commented to defend himself, unless of course he knows that he is quite guilty. Maybe an apology would be a good start Timothy, and as for everyone else, as a community we have to stand strong against any form of bullying. Spreading lies and untruths via whatever platform, is indeed bullying period and we must not applaud it, ever.

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Olddeegee

2:16 pm on Friday, January 11, 2013

Again, Mr. Peck had every chance to refute the claims. If he read the posts, he could have faced the situation head on as opposed to reverting to the . I'm no "Tim" fan, but in politics mudslinging has stood the legal test of time. If every losing candidate tried to sue over every egregious claim the only winners would be the lawyers. This is a bad precedent. The laughable factor here (again, in my opinion) is Mr. Peck's assertion that enough people read Tim's posts to be the main factor in his not surprising loss. (Also, did Patch block Tim until this is cleared up? Not making accusations, simply wondering)

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Olddeegee

2:22 pm on Friday, January 11, 2013

(posting error, should have read) reverting to the litigious methods of near threats.

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Jerry

2:22 pm on Friday, January 11, 2013

Tim/Ron may be a lot of things but he/they are NOT stupid. To comment publicly after learning he/they may be party to litigation would not make sense. Peck could drop it now and I am sure his point is made and Tim/Ron would back off (which is kind of silly since no one has uttered a word about Peck since the pounding he took on election day), or he could press forward (a political mistake, in my opinion) and Tim/Ron would be heard from then.

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Shannon Antinori

2:19 pm on Friday, January 11, 2013

Olddeegee,
No. No one has been banned or suspended from Patch due to this issue.

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Olddeegee

2:22 pm on Friday, January 11, 2013

Thanks for the quick reply. Good luck on this issue. PS, given the circumstances that you and the Patch are given, you and the others here do a great job.

Matt

3:15 pm on Friday, January 11, 2013

If this Tim guy is name in a lawsuit its much smarter of him or her to remain silent right now...

As I said before no matter truth or not doing this only hurt his political career even more then anything "tim" said. Which sucks because he has all the rights to face "Tim." Yet can't because anonymity at the moment. I don't believe the lawsuit will go through as the patches privacy policy doesn't allow for giving out personal information. Also requiring them to divulge the ip address without an actual crime there is no precedence....

I think there are a few states that passed anti cyber bullying legislation where it can be prosecuted and the information handed over.....

From what I know Illinois hasn't passed anything yet.

I'm so not speaking as an legal person... Just from my bleak knowledge of things.... Lol...

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jono100

3:15 pm on Friday, January 11, 2013

Boo hoo Mr peck point the finger at yourself for losing the election.maybe you should keep low key instead of acting like you have so much power.the walls have ears and eyes.

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Laura Ries Dralle

3:57 pm on Friday, January 11, 2013

I thought I had posted this previously, but while he is at it, why doesn't Mr. Peck charge all registered voters in his district who did not bother voting with electoral apathy?

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John Tips

3:57 pm on Friday, January 11, 2013

Very frivolous legal proceedings!

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Frank

8:02 pm on Friday, January 11, 2013

I support putting restrictions on cyber-bullying because I think it is uncouth, childish and hurtful. However, to say a "cyber-bully" on a little-known blog could sway an election by 7,000 votes is nonsense. The losing candidate was solidly endorsed by the Chicago Tribune, a much more widely read publication than the Patch with its estimated readership of what, 72? While I think Peck may have been the better candidate, the fact of the matter is quite simply that Republicans didn't fare well at any level in the last election, and looking deep there are many good reasons for that. Being a Republican, I can't say I'm really proud of making that observation, but the voters have apparently made that observation and have spoken. And they've spoken much more loudly at the polls than "Tim" or anyone else can on a little-known and insignificant blog. I'm not taking either side here, but at some point in time one has to put emotions aside and be realistic. If The Patch has that much power, it's market price has just escalated substantially. While I support anyone's endeavor to retaliate against slander, which again is not only malicious but in and of itself wrong, I don't believe it had anything to do with the outcome of the election.

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Louis Lipps

11:04 am on Saturday, January 12, 2013

While I voted for Mr. Peck and argued with the folks he's going after in some of the forums being referenced I am against the invasion of privacy he is asking the court to allow him in this case. Freedom of speech is constitutionally protected. I would however add that I believe the comments accusing him of bribing the police and abusing his wife, which I think are both felonies, go too far. I think the old saying is there's free speech but you don't have the right to yell fire in a crowded movie theater???

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Lisa S.

4:56 pm on Saturday, January 12, 2013

I don;t think that anyone, including Mr. Peck really believes that anything posted on the Patch precluded him from wiinning the election. However, there is an issue of libel here (the comments made were in writing and posted in a public forum) and he has every right to pursue these people if the accusations were truly unfounded.

That being said, it makes him look stupid and weak and politically he'll be done.

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Frank

10:28 pm on Saturday, January 12, 2013

Quote from paragraph 3: "He claims they are responsible for derailing his campaign."
Quote from paragraph 12: "In the court filing, Peck attributes his loss in the November election to the online comments, stating, "as a direct and proximate result of the aforementioned defamatory content, [Peck] was not elected to the 49th District Illinois State Senate."

I agree with what you are saying about libel and the right to pursue the unfounded accusations. But the captions clearly state that the "cyber-bullys" were a direct cause of the election loss, which is hogwash. What I also believe is hogwash is that Peck is a wife abuser and capable of bribing police. What I'm saying is, pursue these people for libel and there would be alot of support there; but pursue them for derailing an election by 7,000 votes and there will be absolutely none. Look at Obama. People have accused him of being a muslim, a person not of American descent, a racist, and that his name is an ellision derived from "o-bomb-em." He still won in a romp. At some point the public should be given enough credit to be able to sort out the preposterous from reality. I believe Peck is a decent and well-intentioned person, as most of us are. He lost because there was a great deal of ill will among voters towards Republicans this time around, not because 3 people on a blog read by 72 said nasty things. They were childish asses for saying those things, but I don't think it had anything to do with the voter tally.

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Brandon Winters

6:09 pm on Sunday, January 13, 2013

Libel and defamation are not protected speech and there is not a more disgusting site on the internet than Topix.

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Hugo

6:09 pm on Sunday, January 13, 2013

Where are u tim? Miss ya buddy.

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Randy Wayne

6:09 pm on Sunday, January 13, 2013

For years, I have been seeing those big red PECK signs all over the place every time there is an election. Before this past election, I did reseach to find out as much as I could about ALL of the candidates. Although my research concluded that Peck spent lots of money on last year's campaign, the MAJORITY of what I found on this guy was negative. Folks, people don't get bad reputations by accident. It it walks like a duck it's usually a duck...

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plainfield_4life

10:16 pm on Sunday, January 13, 2013

I totally agree... I have never heard one good thing about this guy. And plus, those signs are really annoying to see all over town.

plainfield_4life

10:16 pm on Sunday, January 13, 2013

What happened to free speech? Yes, defamation of character and libel are two serious issues here but when it comes down to it, it had nothing to do with him losing the election...he lost by a large amount of votes. It is the voters responsibility to make his or her own mind up about a potential candidates and whatever they may be reading from the media. To some it may look like he cannot handle the loss of the election or he is just mad that people can actually voice their own opinions about said election and candidates. This stunt will definitely stick in peoples minds and I do not think it will be for the better...really for the worse. I just think this whole petition thing will be a waste of time and money. If anything, maybe the forums need to be closely monitored.

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Grandpamike

9:01 am on Monday, January 14, 2013

@Plainfield_4life

I agree with what you say, except the last part which deals with freedom of speech. It is not the responsibilty, up to a point, to censor the forums respondents, it is to make sure that the comments stay within certain bounds of decent speech. Saying that, I can see that the forum is moderated and certain incendiary remarks/comments are
obviously not tolerated, therefore are not seen. If in fact Mr. Peck thinks that he was defamed or libeled, appropriate action through the court system is the place to go, not in a public forum.

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plainfield_4life

1:29 pm on Monday, January 14, 2013

@grandpamike
I can understand where your coming from regarding Mr. Peck's feelings in regards to his "false" statements that have been published. But don't you think that if every politician would be using court action for libelous statements said by opposing parties or the public, wouldn't that be a waste of the court systems time and money?

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Olddeegee

2:36 pm on Monday, January 14, 2013

plainfield_4life
Exactly. If every libelous statement made by supporters or opponents of every candidate took it to court, there would be no room for any other cases. I hope the case is dismissed for this reason, but we are the "hearsay is OK" state, so anything can happen. No matter how it plays out, Mr. Peck will gain no voters for doing this.

Robert

9:01 am on Monday, January 14, 2013

He's a sore loser! What a joke!

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Grandpamike

4:03 pm on Monday, January 14, 2013

@Plainfield_4lif

Yes, I do believe that it unnecessarily ties up the court with this type of frivolous pleading. My point is, if he thinks that he was libeled, let him file that, instead of the nonsense he filed. Seems like it is a typical ploy be the losers, especially one party to do exactly like mr Peck is doing.

mario

9:47 am on Monday, January 14, 2013

I know, I "only" vote based on what "Tim", "Eyes on Plainfield" or "Ron" say. Oh wait, that is an untruth so I guess I better say that my previous sentence is sarcasm and I buy know means mean to infer any such negative or positive connotations against the aforementioned people. I post my statement for my amusement and ask that you not consider them when making decisions that affect either your own or someone else’s livelihood.

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Grandpamike

4:06 pm on Monday, January 14, 2013

@olddeegee

You are correct, in that, if you watched any debate or run for office,the kind comments they each speak against the other is on a much higher level that "Tim" posting on a small blog like this.

J Simon

1:29 pm on Monday, January 14, 2013

If I understand the defamation laws properly, Mr. Peck only has to prove the statements made by "Tim" and "Ron" were believed by as little as a single potential voter. If one person took their statements against him at face value (say an infrequent visitor of Patch who was unfamiliar with them) and therefore voted against him as a result, then Mr. Peck has a case. Damages may be negligible, but the law still supports Peck that he was the victim of Libel.

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J Simon

1:29 pm on Monday, January 14, 2013

I find it interesting that people assume that because they are permitted to post on sites like the Patch using a nom de plume that they are somehow magically protected by freedom of speech, and therefore can post whatever they like without consequence. Granted, as a political figure a certain amount of mudslinging in Mr Pecks direction by his opposition is expected and is not considered defamation under the law, personal attacks implying or stating he has engaged in criminal activity are not protected by the laws. Nor does adding "my opinion" or other means of trying to deflect responsibility or negate consequences of making false claims.

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J Simon

1:29 pm on Monday, January 14, 2013

Personally, I was taught by my father never to get into a pissing contest with a skunk. Even if you know you can win, you are both going to end up smelling bad at the end of the battle. What these "Tim" and his ilk say does not injure me personally, so I opt to ignore it. That being said, I know I often read what they say with the thought "Wow - I would nail this guy to the wall if he made accusations like this against me or my family". I am also embarrassed for the people who start posting support for "Tims" "right" for freedom of speech when the victim of one of his attacks starts trying to defend himself (thinking of a certain downtown pub and its owner). The idea seems to be to kick someone when they are down and out and drag their name through the mud and sling accusations, and it is covered under freedom of speech. It is admirable to support our right to Freedom of speech, not so admirable to support someone making false/hurtful claims - and the fact that people choose to defend the accuser implies they believe what that person is saying.

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mario

2:36 pm on Monday, January 14, 2013

whats next, cross reference all the ip addresses who read any article related to peck and check against how that person voted and if against peck subpoena them to ask if they made a decision based on defamatory comments written by people on patch. get over it, you lost and one reason may be why is because peck did not use social media well enough to counter the malcontents.

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Grandpamike

4:12 pm on Monday, January 14, 2013

@J Simon

Gee, I wonder how many suits were/are filed using the same standard you claim is the base line for a lawsuit, with respect to all of the signs, posters, outright lies, that targeted our President ? I am sure that at least one voter voted for Mr Romney by virtue of the "truth" behind said actions ? Read some left/right wing fringe blogs, or listen to Fox news and see if what they post/say is in any way libelous, or defamatory towards their targets. It's politics, dirty as it is, but accepted by voters, on one side or the other. Not many law suits filed, I would venture a guess.

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J Simon

5:45 pm on Monday, January 14, 2013

@Grandpamike
I think you are doing the Patch a disservice if you are comparing them to blogs with an obvious extreme political agenda and slant, and a target audience of the same.

In regards to what constitutes the basis for a lawsuit, that comes from the definition of defamation and the lawsuit requirements, not from me (http://saperlaw.com/practice-areas/defamation-lawyers.php is the simplest explanation I found). It is up to the person who is being defamed as to if they feel it is worth pursuing.

I am not privy to Mr Beck and his personal life, so I do not know what effect Tim's (I evidently have little exposure to Ron, or wrote him off completely) allegations of Wife beating and police bribery have had on him, or his family. I certainly do not feel qualified to disregard such claims as being frivolous, or diminish their impact because "others" are willing to put up with more, or because their involvement in politics somehow means they should be more accepting of such accusations. That is "accepted" by voters is our shame, not theirs.

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Peck Supporter

3:25 am on Tuesday, January 15, 2013

I'm a friend and supporter of Garrett's. I supported his Primary and General Election campaign. The untrue statements posted on the patch are a portion of his lawsuit, in addition to several comments that were made which have hurt Mr. Peck's business. Your days of web attacks with lies are over my cute little troll :O) Find something true that you can back up and attack all you want. O wait, you guys didn' have anything, so you had to make it all up! Typical.....

Brandon Andreasen

6:01 pm on Monday, January 14, 2013

Well J Simon, seeing as i'm the person that actually took the time and energy to write about being in defense of Tim and Ron, i'll go ahead and slow you down a bit. At no point did I EVER believe the things that Tim was saying about anything that he ever said in the comments. I even went out of my way by going through the meeting notes of every Plainfield Village Board Meeting from 2012 to refute some of the things Tim said.
That said, if you can't handle the things people are saying in the comments, then don't read the comments. Read the story that is posted and end your reading experience there. Garrett Peck is setting a terrible precedent with this. I came out in defense of Tim, Ron, and Eyes on Plainfield, not because I like these guys, but because Peck, by doing this, is completely and totally refusing to take responsibility for his own short comings during the election.
And by the way, you are commenting anonymously. So is GrandpaMike, OldDeegee and everyone else that doesn't use their actual name as their user name. You are no different than any of the guys being accused. You might clean up your words better and pull your punches, but you still aren't attaching your name to your words. Keep that in mind.

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Olddeegee

6:31 pm on Monday, January 14, 2013

My name is easy to find on Google. A little research will usually help find some posters.

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J Simon

8:50 pm on Monday, January 14, 2013

Nice to meet you Brandon, my name is Jean Simon. Not terribly fond of it, so I tend to drop the first when posting online. Have never been asked to disclose it before, but certainly have no objections to doing so. Nice to meet you. Depending on the length of this response, I may end up in two parts, so pardon the split.

I am glad to hear you are intelligent enough to not take things said online at face value. Unfortunately many people are not able to make those separations, or are not familiar enough with the regular posters to be able to recognize the "Tim and Ron's" on the site.

I have no issues with the comments sections under the Patch articles. This article included. Many of the people post interesting and thoughtful comments, and I enjoy reading them.

It may be Beck is deflecting his part in his loss and not accepting responsbility and his own shortcomings - that does not make the poor actions of others excusable, nor the posts he is protesting in the lawsuit acceptable. I have not read the suit to know anything of the details, and have to go by the outline in the article. It is possible that it may be amended to a straight defamation suit. Either way, so be it.

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J Simon

8:50 pm on Monday, January 14, 2013

Regardless of the basis of his suit, the true names and IPs addresses of the accused posters needs to be disclosed for things to go forward. I do find it interesting that this article has prompted an attack towards Beck - with the comments in effect blaming the victim for the crime committed against him, or claiming he deserved it. I suppose to some his being a public figure he does - I simply do not feel that way, if you disagree that is fine, but you cannot change my thoughts on it.

Brandon Andreasen

10:02 pm on Monday, January 14, 2013

I don't expect to change anyone's thoughts. Nor do I want it to sound like i'm defending the commenters on anything beyond face value. And in truth, Garrett Peck probably isn't as good of a person as some of you might want to believe. I have stories too, that have been told to me by a number of people, about him.
I chose to omit them because if Peck is willing to pull this to go after commenters, he'd do it to me too, and my goal is not to get my friends who told me these things caught up in the mess.
The fact is, Garrett Peck lost his bid for senator. If the story is true, he spent 80k out of his pocket on it. I'd be mad, too. But there is a saying that goes along the lines of "let sleeping dogs lie." Peck would have most likely been reelected to the village board.
Now, by him being a sore loser and blaming other people instead of himself, he has turned this into a much bigger deal. The newspapers are carrying it. It's a story now. And a LOT of people disagree with him and his thought process of attacking commenters like this.
He hurt his own chances, come the April election. Plainfield isn't Chicago. A couple days worth of the news cycle aren't going to wipe this story out. This story will linger through the April elections. I wish i'd followed through in my thought process to run for the Village Board, because his spot is now very much in jeopardy.

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Peck Supporter

3:25 am on Tuesday, January 15, 2013

Mr. Clever,
If you post something about Peck and it's true then you have nothing to worry about or fear. Posting things that are true cannot get you sued. So please indulge us as to all of these horrible thing you know about Peck?? I beg you!
The fact of the matter is that your little anti-garrett clique is a small fraction of the voters in the village of Plainfield. Take a look at his Primary and General Election results in Plainfield Village Proper.
What you and your little clique fail to mention or realize is that Garrett Peck has served our community for several years. Giving up countless hours of time, donating thousands of dollars to local charities, and always helping others. I had a problem in my subdivision and he was the first to respond when I emailed the village.
Keep dreaming, your "little town" isn't so little anymore. You should be lucky to have someone like him on your board. If you have such an issue with him, why don't you grow up and call or email him and iron it out? Or is it easier to complain on a blog where you can attack him and others without having to debate back and forth? maybe someday when you move out of your parent's house, you will learn about what we as homeowners deal with and how good elected officials help us out.
I actually wish you did run against Peck, Bonuchi, and Racich. You would have gotten smoked. last I checked, this isn't "Andreasonville".

Sam Spade

11:20 pm on Monday, January 14, 2013

Tim....Tim.....come out come out where ever your are.

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Peck Supporter

3:25 am on Tuesday, January 15, 2013

Tim is already posting under different names and attacking Peck's efforts to identify him. It will all be over soon! I researched several cases with similair circunstances and the blogs were ordered by the courts to turn over the IP addresses. You cannot hide in this day and age as everything is time stamped and logged. If you commit a crime such as accusing an elected official of commiting a felony, you will be held accountable. Shame on you Tim!

Frank

11:20 pm on Monday, January 14, 2013

What does Glen Beck have to do with this?!

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Brandon Andreasen

8:12 am on Tuesday, January 15, 2013

Hey Peck Supporter, if you are such good friends with Peck, as you claim, then let him know to email me. I'd love to interview him. I will give him every inch of type space he wants to tell his end of the story. All we are getting are sounds bytes out of him. Let him actually speak. I'd love to hear his side, and i'd love to be the one asking the questions.
If you notice, I was the one who wrote in defense of the fact that he was at basically every village board meeting last year, and unlike what Tim said, I said very matter-of-factly that he had voted yes on all but a handful of things, and pointed out the things he didn't vote yes on.
You obviously don't understand the words I was saying, but then again, you are just some anonymous guy sounding off your opinions at 3:30 in the morning, so for all any of us know, YOU are actually Tim or Ron trying to throw us off the scent. Since you don't have a real name, i'm going to be forced to believe that you are no different from either of them.

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Old Lee

10:28 am on Tuesday, January 15, 2013

Here is an intersting story about a "Texas couple who filed a defamation lawsuit over three years ago against anonymous posters on the Internet forum Topix.com won a $13.8 million judgment from a jury".
http://abcnews.go.com/Business/jury-awards-13-million-texas-defamation-suit-anonymous/story?id=16194071

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Frank

11:12 pm on Tuesday, January 15, 2013

This is becoming a silly schoolyard scuffle, as if the combatants are eight years of age and somebody stolen the other's ball. Everyone really needs to lighten up because all that is happening is that the participants are looking sillier and sillier and more and more childish to anyone browsing this. This is the kind of stuff that escalates to ridiculous proportions for no valid reason and damages reputations in the process. People damage each other, then they damage themselves while attempting to damage the other in return. All that adds up to is both sides losing while occupying a bloody room and no good becomes of it. As a child of the sixties, a saying from that era echoes true here and decades later bears repeating..."make love not war."

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abe froman

8:36 am on Tuesday, January 22, 2013

peck supporter won't even use his own name.

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Sheila Raddatz

9:50 am on Saturday, February 2, 2013

I agree. It is sort of an oxymoron, isn't it?

mario

8:50 pm on Monday, February 18, 2013

its been weeks and no update. whats the latest news on this silly, frivolous, waste of time, reaching, cry baby lawsuit?

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Tim Version 3.1.4

1:39 pm on Tuesday, February 26, 2013

Tim, if you are so rightous, why don't you debate Peck and the other people you slam in a public forum? Why violate the Patch's user agreement and hide behind a fake name? You are a coward!

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BillBalls

9:15 pm on Thursday, March 28, 2013

It is wrong to use defamation, lies and libel regardless if here on this forum, or out in the real world. As such I understand Mr Peck’s position and actions to sue for libel. It is also just as wrong to use the legal system to silence fair and open speech, and for that one can also be sued under S.L.A.P.P provisions Aka: strategic lawsuit against public participation.

I hope Mr. Peck is prepared for such an action, and I hope the posters he is suing seek legal representation. Mr. Peck is a public figure, so he must show actual intent of malicious against him to win any type of suit, and he’ll have to prove those posts actually made him lose the election.

Patch and Tropx would be wise to reject the petition, or risk losing the trust of their users.

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Frank

12:59 am on Sunday, March 31, 2013

Whether done anonomously or publicly, a case of willful maliciousness with intent to inflict damage should be relatively easy to sort out from a case of a wiseguy just being a wiseguy. Somebody publicly saying your mama has a fat butt is alot different than somebody publicly saying that they observed her firsthand shoplifting. One being a snide and stupid comment, the other being a malicious lie that can be prosecuted. I'd think it's a fair and logical assumption that any observers would simply see this kind of stuff for what it is and little more. While I can see a way to support either side of this, I can't help but thinking it would preserve alot of dignity to just let it go. Then again, I'm not one of the two people involved, so my passion, understandably, is at a different level.

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