Danny,
 
So what was the point in telling us about these linen backing/restoration "hack" jobs in the first place if you're not going to tell us who did them? Your lawyer is being over-cautious, as lawyers always are. He's covering his ass. If he told you otherwise and someone did sue you for mentioning their name, then you could sue your lawyer for giving you "bad advice" -- so naturally he's going to advise you not to say anything. You see how this cycle of legal intimidation quickly gets out of hand if you let it influence you against doing what you know is right? And allow such bad legal advice to convince you give up your right to free speech? The truth is while technically anyone can be sued for anything at any time by anybody, it just doesn't happen most of the time. If it did, we would all spend our entire lives in court. You really cannot win a lawsuit against someone for something they say on an unmoderated public forum like this -- it is still a free country with free speech. As far as I know, no one has been sued yet over a MOPO comment in the 10 years this list has been in existence.
 
It's a free country and we do still have the right of free speech. OK... now all of you who worry too much can post messages saying "I wouldn't be too sure about that JR... I think you can be sued by any one at any time..." Yeah, sure... and I could be hit by a meteor stepping out of my door tomorrow, too. It just isn't very likely. But I'll be it's more likely than being sued for a comment I make here, particularly if I'm speaking the truth. The truth is always an ironclad defense against a libel charge. Sure, anything can happen, but I repeat that no one has yet been sued for anything they said on this list in the past 10 years -- and that's because if someone does take it to a lawyer, the lawyer will gently explain that such a case cannot be won because of 1st amendment protections and that it would cost a fortune to even try, and that in the end you would certainly lose.
 
If we all start fearing to speak our minds or tell the truth as we see it for fear that someone will sue us, just where will we be as individuals and a society?
 
-- JR
 
----- Original Message -----
Sent: Thursday, May 12, 2005 22:51
Subject: [MOPO] Linen Backed Posters

Last week I posted a notice about restoration work I was doing for two
separate clients who had brought improperly linenbacked posters they had
bought off Ebay.  I pointed out that this was two separate buyers from two
different sellers on Ebay.  I described what I believed to be questionable
if not archivally incorrect procedures and certainly substandard restoration


I have received several private emails asking for the names of the sellers
and who did the restoration work.  I discussed this with friend who is a
collector as well as an attorney and he suggested that if I put forth any
names I might as well dump my restoration studio and open a pan-Asian
restaurant and call it SoSueMe.

If I was in court as a sworn reliable witness I could relate what I knew
about the client buying history but all of that would be hearsay.  I could
be quite specific about the condition and archival quality of the posters
that were brought to me for restoration.  The poster on my restoration table
is much like an autopsy body and I am the medical examiner.   In both cases
the so called linen backing was a hack job and the restoration looked like
5th grade art class.
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