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Ad Agency Drops Suit Against Maine Blogger

The advertising firm that sued a blogger in Maine over critical comments about the company's work for a government client blinked on Friday after a barrage of bad publicity in the blogosphere.

Advertising Age reports that the ad firm, Warren Kremer Paino Advertising, withdrew its lawsuit against Lance Dutson of the Maine Web Report. Dutson regularly had posted criticisms of the work the agency was doing for the Maine Office of Tourism.

"This will make the Cinco de Mayo celebration tonight that much sweeter ... for the Dutson clan," Dutson wrote. He also praised the Media Bloggers Association (of which I am a member) for its role in contesting the suit. The group "moves to a perfect 10-0 against this type of corporate bullying," Dutson concluded, "and the world is now even more aware of the force that the blogosphere has become."

Tom McCartin, president of the company, explained the decision to withdraw the case this way: "It had really taken on a life of its own, and it had really become more of a distraction to the business at hand, which is to advance the tourism industry in Maine. And above all, as I think any good agency would tell you, we have the interests of our client at heart."

MBA described the ad agency's end to the dispute as a case of "unconditional surrender." Attorney Jon Stanley, who helped defend Dutson, said the agency clearly did not understand how to operate in the new media world. "This is a textbook case of how blogs work," he said. "This result could not have come about without the blogosphere. Lance's defense team was put together through the blogs, and pressure was brought to bear on [the agency] through the blogs."

Dutson revisited his experiences and the lessons learned over the last couple of months in a post dubbed "Lawsuits And Censorship." He chastised both the government and the media for their behavior as the story unfolded.

Here are excerpts of commentary on the case and the decision to end it:

-- BuzzMachine: "Mind you, this case is not just about journalism but also citizenry: We must always have the right and even duty to watch and question our government. Contractors acting as agents of government should come under the same scrutiny as government."

-- Center for Citizen Media: "[W]hat if this case is, as many suspect, an example of a deep-pocketed plaintiff trying to shut someone up -- someone who can't afford a long legal defense? ... The situation points up the need for bloggers to realize their speech is subject to such actions. We get no pass when it comes to defaming people, and we shouldn't. But it also points up the need for sanctions, ones that hurt, against the plaintiffs when they file suits on specious grounds with the obvious goal of shutting people up or punishing them for telling the truth."

-- Bill Hobbs: "I spoke to Dutson by phone Thursday for more than half an hour. He struck me as an intelligent and careful citizen journalist who just wants to tell the truth about the things he writes about. That makes him a good journalist -- and because he likes to examine and write about his government, that's good for the citizens and taxpayers of Maine."

-- Know It All: "Let's be serious: There will be successful suits against bloggers who violate copyright laws, or commit libel, or do other bad things. Being a blogger doesn't give you magic protection powers. ... But the lesson is still clear: Bully bloggers at your own risk. They have rights, and they are networked, and the big media pay attention to them."

Posted by Danny | 10:12 AM