Subject: Public Apology - Legal Requirement
Date: Nov 25 10:33:05 1998
From: "Jon. Anderson and Marty Chaney" - festuca at olywa.net


Tweeters:

This is NOT bird-related, so please use your "delete" key if appropriate.

I have a number of apologies to make.

First, I need to apologize to the entire group for inadvertently hitting
the "reply to all" button rather than the "reply to sender" button when
responding to Joseph Gregoire (Farewell, November 23, 1998). Mr.
Gregoire was leaving the list because he said he'd been informed that
his posts were not welcome, etc. I responded to him that I thought he
was welcome on the list and that he shouldn't let one person's opinion
sway his decision to remain.

Subsequently (and rightly so), Mr. Noel Wamer (from Persnickety,
New Jersey) took umbrage at my response to Mr Gregoire, in which I
referred to him as some "S.O.B." and "some East-coast Jerk".

Mr Wamer has informed me that he has maintained an electronic
record of the posts and has threatened me with legal action if I did not
issue a public apology.

Therefore, I again apologize to the Tweeters group that I am - again -
wasting your time and bandwidth.

Second, I apologize for calling Mr Wamer some "East-Coast Jerk".
This is slander to all people from the east coast, and is totally
inappropriate, insensitive and wrong. Some of my best friends are
on and from the east coast. I like 'most everybody I've met from and
on the east coast. My inferring that people from the east coast, as a
group, are jerks did not convey my warm feelings for all my friends
and relatives on and from the east coast, and unfairly lumped all
those people in with Mr. Wamer.

Webster's has, as one of its definitions for "jerk": 'A stupid, foolish,
or unconventional person.' I do not have any evidence of Mr Wamer
being stupid or foolish. However, his threatening me with legal action
strikes me as unconventional. None of my friends, peers or
acquaintences has ever done so. I would, therefore, have to consider
this an unconventional action.

I apologize for referring to Mr Wamer as a "S.O.B." Now, this could,
arguably, be an abbreviation for "Some Old Birder" or "Super-
Ornithological Birdwatcher". But it probably wasn't.

Mr Wamer's Threat to me of litigation was for slandering him. I am not
a person with any legal background, but generally understand that
slander is defined as making false and unproven allegations as to this
gentleman's character. Of course, whether a person is considered
to be some SOB or some jerk is a value judgment. I could never prove
that Mr Wamer is some SOB or some jerk, and I would never wish to.
My intentions were never to utter false charges or accusations which
defame or damage his reputation. Heck, I didn't even know he HAD
a reputation.

I could only infer that by his actions:

Taking it upon himself to be the Tweeter's Thought Police

Privately harrassing Mr Gregoire and driving him from the Tweeters list

Threatening me with Legal Action for my petty malapropisms

Whether a reasonable person would consider these actions to be those
of some SOB or some jerk would have to be decided under Mr Wamer's
litigious scenario. I have neither the means, the heart, or the stomach
to engage Mr Wamer in any court of law, or any other court of public
opinion. Therefore:

I HEREBY APOLOGIZE. I am sorry that I called Mr Wamer "Some
S.O.B." and "Some ... Jerk". I don't think that he is some SOB or some
jerk, at all. In fact, after his threatening me with legal action, I would
have to admit that I think he is a pretty pathetic excuse for a SOB or
a jerk. Under threat of legal actions, I must assume that Mr. Wamer is
a special kind of person.... It must be nice to be "special".

Now, I hope everyone has a Great Thanksgiving, and enjoys a day or
more of wonderful birding.

Jon. Anderson
Olympia, Washington
festuca at olywa.net