Stupid comments get me in trouble
Commissioner Marc Sarnoff has seen fit to come after me legally because of a mock comment someone left here on the Grapevine. I have removed the comment. I do moderate comments and do not allow any malicious ones to pass, this one got by. It has been removed and there was no intent on our part to imply that Mr. Sarnoff approves of drinking and driving, I am sure that he does not approve of drinking and driving.
I ask you all to think before you write, I try to catch stupid comments, but this one got by.
A copy of the letter is here.
I ask you all to think before you write, I try to catch stupid comments, but this one got by.
A copy of the letter is here.
posted by Tom Falco at 5:10 PM
YOU MAY NOT LIFT THE PHOTOS & TEXT. IT'S COPYRIGHTED INTELLECTUAL PROPERTY. YOU CAN HOWEVER SHARE A STORY ON SOCIAL MEDIA BY USING THE LINKS HERE.
For linking to this one story, just click on the time it was posted & just this story will open for sharing - only through social media. Not copying and pasting.
85 Comments:
It was obviously satire!!! Get a life Marc.
poor guy, guess he has nothing better to do right?
Tell him your insurance policy is the First Amendment and if you need a good pro bono attorney I'll email you my info now, it will be my pleasure to rep you. If he dares to come after you the publicity of him trying to silence the media will surely drag him down and out of office in disgrace.
I wonder if that is our tax dollars at work.
Has this man no shame? He's going to sue the media now for mocking him? I pray he does it will be his downfall once and for all!
I remember reading that...haha, so he does read your blog. You should be honored; the great Marc Sarnoff reads you little 'ol blog....hahaha!!!!
On another note, anyone with half a brain can see that the comment was a joke. I'm no lawyer but I think that letter is a scare tactic and whatever is written here should be protected by that freedom of speech part of our constitution.
Really Grape, why not just retain an attorney. You must protect yourself in case of anything as ridiculous as this ever happens again (which it probably will). Besides, it's always good to have an attorney on standby.
As a long time supporter of Mr. Sarnoff, this has turned my stomach and I have decided to not support him in any future ventures or elections.
I have an attorney and lots of nice "anonymous comments" that came in over the years, especially during the Mercy project, that may end up outing people who don't want to be outed.
If nothing else, the legal threat seems like overkill. All he really needed to do was email you and I'm sure you would have taken the comment off. Why bust out the lawyers when a friendly request would do just as well.
After watching Sarnoff's presentation and now the frivilous law-suit the one individual that comes to mind is:
Dr. Paul Joseph Goebbels!
Sarnoff's true colors come out here.
Grape has nothing to lose by a frivilous lawsuit, Sarnoff has his whole career to lose. And he will if he proceeds with this.
Tom:
Speaking of 'outing'. IT IS TIME!
We are behind you on this and wish you the best. Don't let this insect get to you. Again it is time for 'outing'.
What a piece of crap. Truly unbelievable! Who boated for this nasty man. "Do onto others that you would have them do onto you".
How can he do this? His Grandpa Sarnoff would be so disappointed! With this threat his political career is over!
Well, looks like Mr. Sarnoff has shot himself in the foot with this one. The fact that he went running to his lawyers over such a frivolous, tongue-in-cheek comment will do more harm to his reputation than any comment ever made on the Grapevine.
Do we really want someone of such weak character as a Commissioner?
A crybaby is used to describe people, especially children, who resort to tears when they don't get their way.
Sarnoff didn't get his way?
WOW! Sarnoff a multi-millionaire takes on a poor working man. Human dung!
RECALL!RECALL!RECALL!RECALL!RECALL!
Go to Flabar.org, click on the Publications link, and go to this month's issue of the Florida Bar Journal. Cover story is all about immunity for web publishers. Seems like you should be okay.
Talk about a frivilous lawsuit! Grape did nothing wrong!!!!
Okay all you legal eagles out there, it is time to investigate Commissioner Sarnoff's Commission Office! Was his treat done on City time and with the use of City equipment? Start looking and questioning. The man is dangerous!
Does anyone know if Commissioner Sarnoff was really for the Mercy Project and not against it? Tom is right, it is time for 'outing'!
The average Joe would know that the attorney letter you posted misses the point. You see there was a little movie years ago called the people vs. larry flynt, which is a true story, and actually includes scenes where the script was the transcript of the arguments before the Supreme Court, which found that Flynt's published content, a supossed letter from Reverend Falwell to Penthouse wherein he states that he lost his virginity to his mother in an outhouse, could not be defamatory.
Clearly that Falwell letter was satire of a public figure, just as the post on the grapevine was.
Sarnoff as an attorney should know that, and his lawyer who wrote that letter certainly knew it.
Post what YOU want grape, and don't let these bully tactics bother you.
And who is paying for this ridiculous, frivolous legal crap? Do you suppose it's Sarnoff or our own taxes? Amazing. This guy has got to go. Soon. CI
The letter states, "...it is a false accusation of dishonesty, lack of integrity and untrustworthiness which directly impugns Commissioner Sarnoff's professional reputation."
Didn't Commissioner Sarnoff directly impugn himself when he lied about being the Grandson of Marc David Sarnoff of RCA fame?
I am not a lawyer but saying he was Sarnoff's grandson was dishonest and showed a lack of integrity and untrustworthiness. Seems like a fine line to me.
Mr. Falco:
I remember something about an illegal fence or gate that Commission Sarnoff's office was involved. That somehow seems a degree of dishonesty and a lack of integrity and untrustworthiness. Don't you think. What was that all about? Did anyone threaten to sue?
The comment left was obviously parody and could have been any marc sarnoff who signed it if you want to really get legal. Is he going to sue the King Mango Strut too for making fun of him?
Grape this could make the national news and could be the final end of Sarnoff. Long live the Grape!
May it was his grandfather Sarnoff that made the statement.
We are behind you Grape and will help you bring him down! He is truly a bery bery bad man!
And why should our well-paid Servant, Comissioner Sarnoff, waste ANY time and money even reading or suing this popular Grove blog? Doesn't he have better things to DO with his time and the contributors' taxes? What a sad joke of a public, inept politician. CI
You dont allow any malicious ones pass?
What about all of the ones calling him gay/sarnazi/boyshorts/Castro etc etc
You dont the REALLY bad ones pass but you let PLENTY of malicious ones pass.
Boyshorts? You are right, we need to start speaking to each other and about each other with respect. I will try to do better at weeding out the harsh words.
I am also curious if this "business" was handled on our time and dime, or over the weekend when most attorneys are not available?
Good job Grape, you might have actually galvanized this Village to get off their butts and vote Mr Sarnoff out of ofiice!
EJM
I thought the DMCA protected the host of a site from the content created by the visitors/users.
in all seriousness, I am curious as to what the legal responsibilities are of the blog owner in this case. is a blog owner responsible if someone spams his/her comments and links to nefarious stuff (like online sales of RX drugs?)
anyone know?
Dear SARNOFF:
rep⋅re⋅sent⋅a⋅tive [rep-ri-zen-tuh-tiv] –noun
...a person who represents a constituency or community in a legislative body...
Since you read these comments to see if anything bad is said about you. Perhaps you could start reading ABOUT your constituents' needs and desires so you can properly represent them.
People affiliated with Grove businesses NEED commercial traffic back. The lack of traffic has pushed a lot of people to the point of questioning sustainability with mortgages, student loans, car loans, etc.
I just read your Biography. Perhaps somewhere in there you worked as a bus boy or server. Those in the service industry do not enjoy the predictable fixed salary you or you lawyers currently do. The on and off seasons that Miami experiences makes it even harder and for some of us requires balancing our debt during the slow months. Previously busy months have been moderate AND slow because people don't come to the grove anymore.
Just like John said, if you really wanted to represent MADD then you would push for a county-wide cap. Perhaps you should look to those in the service and hospitality industry that help make Florida the #1 tourist destination.
WE NEED BUSINESS BACK TO THE GROVE!
I'm with Mr Breslin. I wonder if he even had a leg to stand on with this lawsuit.
Either way, this is a fantastic waste of time by Sarnoff. I guess he spends his days whiling away on the Grapevine, though! Doing well for yourself, grape!
This is an April 1st. joke isn't it? That letter from the lawyer can't be real! It's a joke! It's so gay!
Grape,
Please try to keep your blog civil and avoid trouble.
remarks and comments like sh*t, gay bashing,and ad hominem argument attacks do not serve your blog well.
as much as i agree with much of the comments posted here and first amendment rights, please lets show that Coconut Grove residents can argue points without defamatory statements and personal attacks
thanks
Sarnoff should be attacked with comments. He is NOT a private citizen. He is a public figure and as such should be praised or attacked depending on how people feel. What you are asking for is censorship..the same as Sarnoff. Don't follow his lead. He is bad. That is the truth and how else are we to say it? He is a spoiled brat who 'thinks' he is a member of the Sarnoff fortune.
Grape DO NOT censor yourself.
Personal Attacks! Shit the most personal attack I see is the nasty letter from Sarnoff's men doing his dirty work for him. How any attorney could have written that letter is really against civility. This Commissioner must be outed from serving!
Hahaha, oh please take Sarnoff to court on this one. I'm begging you. The man obviously has zero understanding of how the law works in this regard
You've gotta be kidding me.
Anonymous at 7:24. If you aren't afraid of Sarnoff why didn't you sign your name. You are afraid of him too. He is responsible for putting John Elmasy out of business! He is a bad man.
Sarnoff wrote the letter and his lawyers put it on their letter head. He is wrong about Richard v.Gray ---------->>
When a statement charges a person with committing a crime, the statement is considered defamatory per se. Richard v. Gray, 62 So. 2d 597, 598 (Fla. 1953). Certain language in the letter, "your actions are criminal" or "we are forwarding a copy of your correspondence to the State Attorney by copy of this letter for investigation and prosecution for criminal extortion," would permit the trier of fact to conclude the letter charged Mr. Shafran with a crime. Other language in the letter might also be considered defamatory per se.
Not a very good lawyer. Becker v. Hooshmand also DOES NOT apply. How embarassing for a lawyer that says it does! Sarnoff is an idiot. Sue me!
In Becker v. Hooshmand, 841 So. 2d 561 (Fla. 4th DCA 2003) this
court discussed section 48.193(1)(b), and explained several principles which inform a court’s determination that a defendant’s actions bring it within this provision of the long arm statute: (1) a cause of action for tort
accrues wherever plaintiff suffers damage to his property; (2) in order to commit a tortious act in Florida, a defendant’s physical presence is not required;
Grape...these are empty threats from Sarnoff! He is playing the law!
Wow! All I can say is, Wow! That is the response of a very threatened, very insecure man. It's sad, really.
anon 8:05 wrote
"He is responsible for putting John Elmasy out of business! He is a bad man"
Back up you bullshit please or shut the fu up.
grape,
more irresponsible and juvenile comments from some. lets argue facts please.
and ps. i am not "afraid to post my name are you?
Grape, there is no penalty if you do not provide the insurance information to Sarnoff. Ms. Neimeyer is correct. Sarnoff is a very insecure threatned man. That is probably why he lied about his ancestry. Ms. Neimeyer can not be sued by Sarnoff because what she said is the truth. He is a very sad lonely insecure man. He has been outed.
Re: Florida Statutes 627.4137
The law requires you to provide the information. Strange statute because there is no penalty if you do not do so. I hope you have advised your insurance companies, however, of the potential claim. If you fail to do so, you may lose coverage.
The ironic thing here is that Grape has nothing to lose yet Sarnoff has his whole career to lose over this if he goes forth with his threats. It's a nonsense suit and will be thrown out before it hits the courts yet Sarnoff's reputation is sliding as we speak. If he moves forward on this it will be the beginning of the end for him.
Anon at 8:23 is not afraid to post their name. What an interesting name you have Anon.
Anon 5:23 you an i have the same name maybe you are i and i you?
anyway this topic is smokin' hot.
congrats grape and keep up the good fight.
What are boy shorts?
Boy shorts are exactly what they sound like, shorts cut "boy style" – a little like hot pants, but worn as swimwear rather than outerwear. You may not think these shorts sound sexy, but there are a lot of people who would disagree with you. They're fast becoming one of the most popular styles of swimwear around, with the bikini bottom being pushed firmly into second place.
My, how the worm turns. I recall how this blog and this same crowd of readers zealously advocated Sarnoff's initial run for D2 Commissioner. So zealous, in fact, that anyone expressing ambivalence (let alone doubts) was shouted down as some sort of corporate shill who was almost certainly in Home Depot's pocket.
The gutteral cries of betrayal by this rabble are sending me in to fits of laughter.
I recall that Arriola called Sarnoff a 'liar'. Does anyone know if Arriola was sued for that statement? Maybe not since when it comes to Arriola, Sarnoff's balls are super-glued to his boy thighs.
Hey Grape,
Good job. Sounds like this thing,
Jobe Steppe?, is again mentally
masturbating with herself.. Just like some of the others writing in. If you have nothing else to do - just play with yourself!!!
Keep up the good reporting. I may change my residency to FLA. so I can vote against the commish next time.
The Mad Russian
P.S. The demand letter is total, unmitigated bullshit. I've never heard of demanding an insurance disclosure for a libel claim. That's because libel is an uninsurable act.
Which strongly suggests that Mr. Solowsky doesn't know what he's doing.
*This is not legal advice. Just my opinion.
- Still Laughing
"If your comment is in any way libelous or threatening, it will not be permitted unless a real name accompanies it."
Editor
Tom,
can you enforce that statement?
I know you can check the ip address of the poster anon or not.
Mr. Solowsky did not write the letter. Sarnoff wrote the letter and had Solowsky put it on his letter-head. SWLIP is correct. UNMITIGATED BULLSHIT!
Have you considered that the legal letter might also be a satire to match the anon satire??? lol
anon at 9:00 pm
Interesting point. The letter is certainly a joke to lawyers.
Will Sarnoff sue Frank Houston?
Marc Sarnoff Lies About His Lineage
By Frank Houston in News
For quite some time, Miami city Commissioner Marc Sarnoff has represented himself as the grandson of the late commercial radio and television pioneer “General” David Sarnoff.
The Russian-American media executive rose through the ranks of the Radio Corporation of America, holding the title of chairman for more than two decades until his retirement in 1970. As RCA’s president in 1939, David Sarnoff launched NBC, the nation’s first TV network. That’s a grandpa any ambitious tyke would love to call his own, and Marc Sarnoff has.
The thing is, the Sarnoff clan has no idea who Marc Sarnoff is.
Will Sarnoff sue Frank Houston?
This should sum it up!
-----------------------------------
One pill makes you larger
And one pill makes you small
And the ones that mother gives you
Don't do anything at all
Go ask Alice
When she's ten feet tall
And if you go chasing rabbits
And you know you're going to fall
Tell 'em a hookah smoking caterpillar
Has given you the call
Call Alice
When she was just small
When men on the chessboard
Get up and tell you where to go
And you've just had some kind of mushroom
And your mind is moving slow
Go ask Alice
I think she'll know
When logic and proportion
Have fallen sloppy dead
And the White Knight is talking backwards
And the Red Queen's "off with her head!"
Remember what the dormouse said;
"Keep YOUR HEAD
------------------------
Lyrics by
Jefferson Airplane
When God is about to reposition your life know that the devil will begin to attack!
I voted for Sarnoff in the last election. I will not do it again. This type of petty conduct will be his undoing.
Solowsky is six kinds of an idiot; you can't retract someone else's statement, and that's what a comment is.
And so far, suits like the one Solowsky is threatening? They've all lost, because it is the comment of one of your readers, and not a statement by the Grapevine.
what in the hell got into jobbe steppe?
A people which is able to say everything becomes able to do everything.
Napoleon I (1769-1821) Napoleon Bonaparte. French general.
I disapprove of what you say, but I will defend to the death your right to say it.
Voltaire (1694-1778) French writer and historian.
If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.
George Washington (1732-1799) First President of the USA.
We live in the United State of America founded so we can enjoy freedom of speech.
In the media we fight for this freedom everyday.
Please do not let one person steal this right from you and your readers!
Someone posted this on Sun-Sentinel's website under user comments on a UM article. Carlos Dunlap better call Sarnoff's lawyer!
"Man done caught me dead to rights drunk as a frickin' skunk passed out behind the wheel. Had no choice but to fess up and tell the man that I done drank 15 bottles of Cpt. Morgan, but I ain't fessin' up about the 20 bong hits I chased it with, cuz the man don't know 'bout that.
Carlos 'I play better when I'm f'ed up man' Dunlap"
http://blogs.sun-sentinel.com/sports_college_hurricanes/2010/02/espn-analyst-says-2010-is-an-upside-class-.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+sports%2Fumweblog+(UM+Hurricanes+|+Sun-Sentinel+Blogs)
Hmmmmm.....a lot of stuff id brewing. The community is starting to get divided.
Tom you and I both know that you have regretted some comments you have made...or let get on here.
I personally like you around I would suggest being careful whenever you stir the pot (like this)
Unlike everyone else who writes here. You, nor the people you write about known, not anonymous.
Take care.
I was pretty sleepy when I wrote that.
I meant to say a lot of stuff *is* brewing.
Unlike the people who say anything and hide under the cloak of anonymity you are known. As are the people you write about. I know you dont like the Commish but I think this is starting to escalate in a bad way.
People need to understand what the issue is before they comment so much nonsense- talking BAD about Sarnoff is not the issue, it's about someone POSTING a comment PRETENDING to BE SARNOFF.
Really, I've only been following this blog a few months, and in that time I have seen enough comments ranging from funny to rude, to malicious and some actually downright absurd in regard to Marc Sarnoff. So, if the guy was upset because of being called petty names, he would have sued A LONG time ago.
Ms. Miranda:
Marc asked to be a public figure. Now he is. He needs to get a thicker skin. Sicking a lawyer on Grape over an unflattering comment just makes him look silly and weak.
If I saw that someone was spoofing me in a comments thread, I would send the blog owner an email lettign him know. Then I would have a beer and laugh it off.
The Grapevine does an excellent job of blogging the Grove. The readers are from all different backgrounds. Many anonymous comments are from irresponsible folks with too much time on their hands. I have received my share of insults, and that's expected because I read this blog.
I know that the readers are 99% excellent people. We need more comments from that group.
Kudos to you Tony. Thanks from the rest of us.
In Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), the United States Supreme Court held, in a unanimous 8-0 decision (Justice Kennedy took no part in the consideration or decision of the case), that the First Amendment's free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.
Yesterday I googled the difference between "Impeach" and "Recall" just so I would know what to root for...
Agreed that the letter is BS, however Grape you may want to put some type of disclaimer up somewhere, like "comments posted on this website are not the opinion of the Grapevine, please take them with a grain of salt" etc etc. It can't hurt. Also, since you don't actually own/host the website (blogger.com and/or blogspot.com do) you might want to contact them, I'm sure they have some sort of legal dream team. And if you want to get proactive, you can file a dec action based on the letter he sent, which puts you in the driver's seat of the litigation... just a couple ideas... good luck!
Tom if you decide to file a dec action against Sarnoff I am sure your readers will help with the cost of litigation. Let us know. Keep up the good work and do NOT let this worm get under your skin. He truly is evil and if we can't recall him we must vote for a change in 2011. Pat Sessions for Commissioner D2! Perhaps the A.C.L.U. One of the biggest defenders of the 1st. Amendment is Sarnoff himself. What a hypocrite!
An Anon. Supporter
Commissioner Marc D. Sarnoff’s philosophy of “leaving the world a little better than you found it” guides his mission of enriching the quality of life for everyone in District 2.
Sarnoff, do us all a favor and just LEAVE!
CGG:
Sorry to read that you caved in to this jerk.
No reasonable person would read that comment and come to the conclusion that Sarnoff actually wrote it.
Solowsky bullied you and you blinked!
I disagree, Bill. I have always removed anonymous comments when people have requested me to. If someone is going to call someone out and be anonymous about it, the person being called out has a right to have the comment removed.
People have always called or emailed and even screamed at me, but this is the first time a letter from a lawyer came in.
Sarnoff Sucks = SS
Thought you'd be interested in my take on Sarnoff's legal threats. Simply put, a blogger is not liable for comments posted by others: http://copyrightsandcampaigns.blogspot.com/2010/02/miami-official-threatens-blogger-over.html
http://copyrightsandcampaigns.blogspot.com/2010/02/miami-official-threatens-blogger-over.html
Do read the blog where Ben Sheffner calls Sarnoff's Bluff!
Tuesday, February 2, 2010
Miami official threatens blogger over comment; what about Section 230?
It's amazing to me that some lawyers -- and elected officials who happen to be lawyers -- making legal threats against bloggers seem to be completely unfamiliar with Section 230 of the Communications Decency Act, a statute that represents a major shift from traditional libel law.
Today's example comes from a Miami blog called Coconut Grove Grapevine. On Jan. 28, the Grapevine published a post about a Miami City Commission hearing on bar closing times. Someone subsequently submitted a comment, purportedly from Commission Chairman Marc Sarnoff, expressing "support" for "drinking and driving after 3am even if it claims the lives of others," and signed "XOXO Marc Sarnoff." Unsurprisngly, the comment wasn't actually from Sarnoff, and his attorney fired off a letter to Tom Falco, Grapevine's editor, demanding removal of the comment.
I don't fault Sarnoff for being annoyed at the comment. (Though I do question whether it was truly defamatory; would a reasonable person really believe that Sarnoff expressed "support" for drunk driving in a blog's comment section?) But I do fault his attorney (and Sarnoff, who is also a lawyer), for the letter, which makes completely unfounded legal threats and ignores the relevant law.
Sarnoff is not only stupid when it comes to the law...He is also 'silly'!
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