Legal Defense - Defamation and Seal
I am a married Jewish mother of three. I am a triathlete, an activist, an attorney, a fraud investigator and an online blogger, outspoken in areas of integrity, education , government funding, fraud and manipulation, and the abuse of woman and children , with a focus on the ultra-Orthodox and other religious Jewish communities, where reporting leads to harsh consequences.
My life’s theme has always been to do the right thing. (Haderech hanachon). When I see something wrong I want to shed light on it, to rectify unacceptable, immoral, and unethical practices. To remain silent, to look away, is akin to complicity with a community's hateful practices and behavior, which they sweep under the rug, year after year.
That theme has found further expression in a blog which I started anonymously several years ago ( www.lostmessiah.com ) that calls attention to abusive and horrific treatment of women as found within the ultra-Orthodox Jewish Community here and around the world, and of children , educational neglect , elder abuse, fraud and a litany of other abuses .
It’s clearly evident, my blog has hit raw nerves because my life and safety, and the safety of my family is being threatened by those who are deeply distressed that I have the unmitigated gall (chutzpah) to call attention to the community’s practices, as I shine a light on its “dirty laundry”.
To marginalize me, to stifle me and neutralize my need to expose this “evil side of righteousness,” a family that appears to identify with these hyper-religious zealots , and its property group, hiding behind a pretense of religious exceptionalism, have engaged a major law firm to bring a defamation and libel suit against me, to seek to enjoin my freedom of expression, which judicial maneuvers they have, in addition to all else, demanded be sealed by the court from public view.
They have accused me, not only under the name of the blog listed above, but also for posts on a blog for which I have no responsibility and with which I have no connection and by so doing are attempting to overcome their failure to act within the statutory time frame in my case.
What they are perpetrating in doing so, is the age old practice of ultimate victimology. They want to cancel my First Amendment right of free speech (and potentially the right of every other blogger worldwide) so the larger community covered by the blog can continue to act with impunity and bring shame on the rest of the predominantly decent and moral members of the Jewish Community everywhere.
As a result of uncovering my identity, and now exposing posts that had been published anonymously by constitutional right, I have been advised by law enforcement that my personal security, if not my life, could be in danger. Some of my property has been destroyed. I don’t yet know by whom. I feel threatened, but I must fight back!
It’s absolutely essential that I raise the financial resources to legally fight back against their best efforts to exploit their superior resources to overwhelm me in the courtroom, if not to destroy me, my family, and my reputation.
What they are trying to do to me, to silence me, could happen to anyone who sees something wrong and tries to change it.
So, I desperately need your financial help to enlist my “David” against their “Goliath”.
Please invest in my uncompromising effort to stop this abusive madness. Lives are at stake here. It’s time to say, “Enough!"
Please share this campaign with all your FB friends and relatives in any faith community.
Thank you for giving this religiously oriented, First Amendment effort your most serious consideration.
The Plaintiff, however, is pushing to conduct discovery including a deposition, which is wholly unnecessary given that there is no basis for this entire suit.
The Plaintiff has argued in correspondence to the Court that my Motion to Dismiss is only an effort to thwart discovery. They have been manipulating or maneuvering court rules and protocols and have simultaneously been trying to hold proceedings in another courtroom at the same time.
Meanwhile, I was also subpoenaed in a case in Lakewood related to JLeaks and given my lack of involvement in that case, it is hard to not consider the possibility that the parties trying to silence scrutiny are not working together.
So for now, this remains an effort at compelling me to increase attorneys fees and spend money.
The Court has not ruled on whether or not this should be sealed so the documents related to this matter remain sealed.
It is about using money, a judicial system and intimidation to uncover a constitutionally protected right to anonymity, and then bullying a blogger. The entire case is about chilling free speech.
The demands in the case include prior restraints, which is a kind of tyranny that the drafters of our constitution tried to prevent. The case is mostly shielded to prevent public review of both the documents and the judiciary.
The limited documents available for public viewing and those in darkness, tells a clear and concise story, to instill fear. It is a concerted effort to deny the blogger rights to defend, rights to fund raise, rights to privacy; and it is all about who has the deeper pockets.
On December 13, 2018, the New York Times reported that "Jailing Hundreds of Journalists Worldwide is the 'New Normal," Group Finds. The link is as follows: https://www.nytimes.com/2018/12/13/world/journalists-jail.html
My safety has been threatened, my privacy violated and a 3.2Billion dollar cannon is being shot to silence a far weaker mouse.
Over the last several days, we have received calls from Journalists and bloggers from around the world telling horrendous stories. One arrived at our doorstep yesterday regarding journalists in Israel who have been jailed absent trials for criticizing the judicial system. We do not know the details and will not comment on anything related to that case but the common denominator is to what extent our anonymity is or was protected.
The Plaintiffs in this case are using money and public fear to silence bloggers, and to make fundraising difficult. Without a joint effort they, along with the political regimes that jail bloggers, or kill them, will have more fuel to continue the attack on an entire blogging community. Small amounts of money add up. The Satmar, with whom our Plaintiffs identify, were able to raise 2M in 60 hours for prison reform. Why was that reform so important to the Satmar? And where are receipts for that money? Certainly asking for money to continue to ask for accountability is a noble request.
The entire fund raise request is going to an attorney. It is not going into some pocket without receipts. There will be receipts available to any donor who wants one. Your help during this period would be much appreciated. To those who have already given, thank you.
To date this campaign has been viewed by 5,000 people, shared by nearly 80 and 62 have donated. We understand that the reason for the small number of donors is a fear of lost anonymity.
One of the many reasons why this effort is so important is so those who read the blog and send along tips will not be afraid to speak out. It would really be quite simple to shut the blog down or to accept payment in exchange for silence, but it would be more harmful than if the blog never got started.
This blog has never been monetized.
Yesterday a post was found on Facebook by a true internet "troll" wherein he had acquired information about the case directly, information we had not seen. There is little conclusion that can be garnered than that the Plaintiffs or someone connected to them planted him. He claimed that the rights of our donors would not be protected.
Our donors' rights will not be violated. There is case law on the subject and the money we receive WILL NOT be used to fund an "amicus" which has special legal requirements and which is to date the only time a court has required disclosure of anonymity of donors.
I am writing to both thank you for your donation and to ask you to share. The Plaintiffs, their religious community involved, its rabbis, or quasi rabbis use scare tactics to silence a community and its detractors. They create a Stockholm Syndrome mentality.
To make any changes to our publication would affect the hundreds of thousands of unique viewers to our publication and to similar publications that depends upon anonymity.
Again we thank you. We hope you will consider sharing, spreading the word across the world and we will you the happiest of holidays.
Of particular importance is chilling effect this case has to all bloggers, both anonymous and otherwise, to journalists, and to those who simply choose to speak up. This lawsuit has never been about the articles written on May 1, 2016 and May 2, 2016; but about the desire to set an example.
We have had numerous people ask if they can donate anonymously. Yes. Simply put yourself in as anonymous. Alternatively, checks can be mailed directly to my attorney, Henry R. Kaufman
Henry R. Kaufman, P.C.
60 E.42nd St. - 47th FL
New York, NY 10165
Memo: Friends of Lost Messiah