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July 03, 2007
No stomach for censorship!
After the bad review I gave American Airlines and US Airways yesterday, I now see that even in our free country where the First Amendment protects the right to utter opinions, a bad review can nonetheless lead to government intervention -- in the form of a libel suit. I kid you not. The Philadelphia Inquirer's food critic Craig LaBan (a pseudonymous reviewer) has been hauled into court for complaining about a bad steak! The restaurant claims the reviewer misrepresented the details of the steak or something, but I don't care. Whether in newspapers, magazines, TV shows, or lowly blogs, there is a First Amendment right to spout opinions about food, people, products, and services, and I hope the Inquirer not only wins this case, but ends up owning the restaurant involved. I have never eaten at "Chops restaurant, a steakhouse owned by Alex Plotkin in nearby Bala Cynwyd," and I can assure my readers that I absolutely never, ever, will! That's because I am on the side of the Inquirer, and not Mr. Plotkin. I don't care whether the place serves lousy steaks or the best steaks in the world; I refuse to patronize enemies of free speech. (Anything associated with censorship tends to leave a bad taste in my mouth.) Of course, if Plotkin is forced to hand the business over to the Inky, I'd be delighted to make a reservation. MORE: It appears that Plotkin (owner of the restaurant in question) is a lawyer. I don't know where he went to law school, but perhaps the place deserves a bad review for not stressing that little "free speech" part that's supposed to be taught in basic Constitutional Law. I went to the University of San Francisco, and I remember being given a very distinct impression that opinions are offered broad First Amendment protection. And according to PhilaFoodie, Plotkin accused the Inquirer critic of some sort of plot along the following lines: Plotkin claims LaBan has a "vendetta" against him because Plotkin "jokingly" threatened to reveal his identity to a room full of Chops patrons in 2002. He also claims that LaBan's invite to participate in his weekly Q&A forum was a "set up" during which LaBan planned to further embarrass Plotkin with the aid of (and I love this phrase) "sham 'bloggers'."Hmmm..... I've been blogging for over four years, but I'm not quite sure I know how to spot a sham "blogger." Assuming that Plotkin is not referring to automated spammer blogs, even if we suppose there are real-life "sham" bloggers, don't they have the same First Amendment rights as non-sham bloggers? Speaking of the allegedly "misrepresented" steak in question, according to Philebrity, the owner's version of the story has changed: Apparently LaBan dissed on Chops restaurant's "Steak Frites" in a 3 sentence review, and owner Alex Plotkin -- who, it must be said, comes off a little meshuggenah in all of this -- says that LaBan ate something entirely different: "a steak sandwich without the bread." It's the shot heard 'round the nobodyfuckincares. Plotkin even recanted the sandwich misstatement but not before he sued for libel.I'd say those who accuse someone of libel based on an alleged mischaracterization of a type of steak ought to avoid conflicting statements about the nature of the misrepresentation. It just doesn't strike me as fair to go after a food reviewer for not knowing the difference between a strip steak and a steak that should be in a steak sandwich when the plaintiff himself confuses breadless steak sandwiches with "steak frites." Sheesh. What kind of country are we living in when we can't even say a steak was lousy? posted by Eric on 07.03.07 at 06:52 AM
Comments
But it won't be good free advertising, Harkonnendog. What's it called? "The Streisand Effect?" As Eric said, there are going to be some number of people (I'd like to think that it's large) who recognize Plotkin as a tool, and refuse to patronize his dubiously-"fine" establishment. Oh, and this: "the shot heard 'round the nobodyfuckincares"? That's gold. I hope that isn't copyrighted, because I'll be using it frequently and soon. skh.pcola · July 3, 2007 07:06 PM Hark you're right that the judge deserves scorn and ridicule -- for not throwing the suit out. Free publicity equals free advertising in some places, but not in the blogosphere. I doubt bloggers will be flocking to Chops. Eric Scheie · July 3, 2007 07:44 PM Post a comment
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I doubt the owner expects or even hopes to win his suit. But how many millions of dollars worth of free advertising do you think Chops will get out of this? The one to be pissed at is the judge.