November 10, 2011

An attorney filed a civil action in Milford District Court Thursday that claims Paul Mazzuchelli, a Milford School Committee member, had his reputation damaged by anonymous, online comments.

Whether readers should be allowed to post comments that could damage a public official's stature is at the heart of a civil suit a Milford official is bringing against anonymous online posters. 

An attorney representing Paul Mazzuchelli, who is the Milford health agent and a Milford School Committee member, says online comments posted by anonymous writers on the Milford Daily Newswebsite damaged his client's reputation.

Mazzuchelli filed a defamation and slander lawsuit in Milford District Court Thursday that names "Jane Doe, John Doe," as defendants, according to lawyer Michael Kaplan, who is trying to obtain the identities of the posters from Gatehouse Media, publisher of the Milford Daily News.

A subpoena directed at Gatehouse Media Massachusetts, of Boston, seeks 16 types of records, including: all articles that refer to Mazzuchelli; all comments "posted or otherwise made by third persons" regarding him for the past three years; and all documents that would have the "names, addresses and email addresses of all third persons who have posted comments" on the website for the past three years about him, the School Committee and the Board of Public Health.

Kaplan said Thursday the issue is not anonymity, but content in the online posts that damages someone's reputation. He said the case has implications beyond Mazzuchelli, because all public officials are subjected to opinion online. In this case, he said, it's not expression of opinion, but something that crosses the line.

"They're making false and defamatory statements, either knowing they're false, or without regard to whether they're false," Kaplan said. "I am in favor of the First Amendment right. But the right to free speech does have certain limitations."

According to Kaplan, Mazzuchelli was the subject of damaging online comments on the newspaper's website. Some accused him of "taking bribes," others that he "was responsible" for the firing of Pat Cornelius, a former assistant football coach at Milford High School, Kaplan said.

"I don't care about anonymity," he said. "It's when you cross the line and knowingly are trying to defame or harm the reputation of someone."

As a School Committee member, Mazzuchelli played no role in the dismissal of Cornelius, Kaplan said. Some of the comments were removed; others were not, he said. In the lawsuit, Gatehouse Media is a witness, he said. "They have material information in their possession."

Richard Lodge, editor of the Milford Daily News, said Thursday he could not comment on the lawsuit. "I haven't seen any paperwork," he said.

Mazzuchelli could not be reached for comment Thursday. In statements made at the School Committee meeting last week, he said he was infuriated by online posts submitted by "cowards who blog, and that grows legs." He said he had people coming up to his house following the publication of news stories about the firing of Cornelius, when the School Committee had nothing to do with it.

Kaplan said Mazzuchelli filed the lawsuit, feeling he had no choice. As recently as Wednesday, he said, Mazzuchelli received a letter at his Town Hall offices, accusing him of being the reason why Cornelius was fired.

"People have to understand, freedom of speech is not carte blanche for saying whatever you want, whether it's true or not," Kaplan said.

http://milford-ma.patch.com/articles/a-lawsuit-seeks-to-hold-online...