Re: Nazi-cavorter Robert Kennedy is suing Daily Kos. We just won a huge legal victory in California

Quick follow-up to Markos's email, friend: Daily Kos won this latest round against anti-vaxxer Robert F. Kennedy Jr., but the fight is far from over, and Kennedy has a personal fortune that he can draw on to fund this court battle forever. We don't. [Daily Kos is a proudly progressively, independent news site. We depend on readers and activists like you to help us make ends meet—and we didn't have a budget line for "legal battle with rich anti-vaxxer" at the start of the year. That's why I'm asking you: If you haven't already, can you please donate $5 right now to help offset the cost of our legal defense?]( Thank you again, Michael Langenmayr, Daily Kos --------------------------------------------------------------- Friend, This week, Daily Kos won a stunning (albeit preliminary) victory in a California court over Nazi-cavorting anti-vaxxer Robert Kennedy Jr. Kennedy is suing Daily Kos, trying to force us to reveal the identity of one of our community members. We’re telling him to go pound sand. Lawyers are involved. You can read prior stories on the case [here](, [here](, [here](, [here](, [here](, and [here](. [Before I tell you what we won this week, I have to ask: Can you chip in $5 to help us offset the cost of our legal efforts? This case is expensive and we didn't have a budget line for fighting a scion of one of America's wealthiest families at the start of the year.]( Kennedy’s legal assault is a big deal, a real challenge not just to our free speech rights, but everyone’s ability to engage in the political process without the fear of being persecuted in their community, workplace, and social circle. We have asked you to [help fund]( the expensive legal process, which spans two states (New York and California), and you’ve delivered. Together, we’re not going to let Kennedy’s unearned wealth violate any of our rights. To summarize, Kennedy sued us in a New York state court demanding we reveal the identity of a pseudonymous community blogger. The trial judge agreed with Kennedy and demanded we release that information. [We have appealed](. Pending appeal, we asked for a stay on the subpoena demanding that information, but the New York court refused. Kennedy’s problem is that New York courts can’t enforce a subpoena against a California company. (Public Citizen’s Paul Alan Levy [explains why in this blog post](.) And we sure as hell weren’t (and aren’t) about to volunteer the information. Therefore, Kennedy had to sue us in California court to enforce that subpoena. After months of legal wrangling, the California court finally issued its decision, and it was essentially one big “nope” to Kennedy, for now. In short: 1) the subpoena is stayed pending the resolution of the New York appeal (in other words, it’s currently unenforceable), 2) the California court will take notice of the legal standard used by the New York court in making its decision, 3) if New York doesn’t use California’s strong First Amendment standards (or equivalent) and rules for Kennedy, then: 4) the case will still need to be litigated in California, using California’s legal standard. (While we hope to change this in our New York appeal, California currently has much stronger First Amendment protections.) As a practical matter, there’s zero reason for Kennedy to continue this case, except that we know that there’s nothing rational about this case to begin with. Kennedy claims it’s about being defamed, but he hasn’t sued any of the other media organizations that reported on his attendance at the Berlin Nazi rally. He hasn’t sued Daily Kos for repeating, over and over again, that Robert F. Kennedy Jr. cavorted with Nazis at an anti-vaxx rally that was organized and promoted by fascist right-wingers. This has always been about unmasking an online critic and nothing more. [We’ve been able to fight this (ongoing) battle because you’ve had our back, helping fund this litigation. That's why I'm asking you to chip in $5 today to help us keep fighting.]( Furthermore, Public Citizen has stepped up to defend pro bono the community member Kennedy is trying to unmask. As always, [I urge you to donate to Public Citizen for their courageous defense of our rights to political participation, as well as to Daily Kos so we can continue to fight this as long as Kennedy insists on tilting at this windmill.]( Thank you, Markos Moulitsas, Founder Daily Kos P.S. I’ve appended the full California decision to my post on this win. [You can read it here](. If you wish to donate by mail instead, please send a check to Daily Kos, PO Box 70036, Oakland, CA, 94612. Contributions to Daily Kos are not tax deductible. (Please note that we may be slow to process checks during the coronavirus outbreak.) Sent via [ActionNetwork.org](. To update your email address, change your name or address, or to stop receiving emails from Daily Kos, please [click here](.