The Free Press, Mankato, MN

Talkers

January 30, 2013

Court: Calling doctor "a real tool" is protected First Amendment speech

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ST. PAUL —

"I'm sure he and his family are very happy with this result," Laurion's attorney, John Kelly, said. "It's been a long and difficult process for them."

McKee's lawyer, Marshall Tanick, said he and McKee plan no further appeals and that they were disappointed with the ruling.

"We feel it gives individuals undue license to make disparaging and derogatory statements about these people, particularly doctors and other licensed professionals, on the Internet without much recourse," Tanick said.

While the decision is not binding in other states, Kelly and Tanick agreed that it might influence how other courts would rule on similar questions. Kelly said lawyers often look at rulings from other jurisdictions when they put cases together, sometimes for leads or guidance.

"Certainly this is a cutting edge issue and I'm sure lawyers and courts in other jurisdictions will pay attention to this decision and give it the weight it deserves," Tanick said.

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