Here at Holford Watch, we are in awe of Kathleen Seidel, the blogger at neurodiversity.com. She has an enviably fine mind, remarkable research skills, an uncanny attention to detail and a good, clear, writing-style. She writes clever, thoughtful, impeccably-researched and substantiated posts. She is an admirable role-model for any blogger who comments upon poor science or the application of poor science: she is systematic, meticulous, unfailingly courteous and dogged.
Seidel has also just received a subpoena in the matter of Rev. Lisa Sykes and Seth Sykes in their suit against the Bayer company. The Sykes are claiming that thiomersal in vaccines caused/contributed to their son’s autism.
Seidel is an authoritative voice in explaining the lack of supportive evidence for the idea that thiomersal in vaccines contributes to autism. She regularly comments, with supportive references, on just how unsound this science is, and she has made some extraordinary revelations about the actual credentials of people who postulate this notion or who use this science to launch legal cases that appeal to this unsound science. (If you are not familiar with Seidel’s thorough work, we suggest her investigations of the Geier’s Lupron Protocol or her research into JPandS.)
It seems that some of those legal eagles take exception to this discussion of their activities. Seidel’s recent The Commerce in Causation was an interesting insight into the work of Mr. Clifford Shoemaker, a name that is frequently affiliated with legal actions that depend upon some frankly odd ’science’ to support cases against vaccine companies.
These mimosaphants have issued a subpoena for Seidel to appear in a case with which she has no involvement. The subpoena is eye-wateringly intrusive and is clearly intended to intimidate. It is a fishing expedition in an attempt to prove the thesis beloved of anti-vaxers, conspiracy-theorists and BAM (Big Altie members) everywhere: Seidel, and those like her, must be pharma shills in the pay of Big Government, Big Pharma, Big Farmer, Lizards Inc [Name Your Own Source of Paranoia]. Read what they are demanding from her - it is breathtaking. Read that they have cited everyone who appears on her blogroll and are demanding correspondence etc.
Overlawyered makes this remark:
The subpoena contains no indication that Seidel herself is accused of defaming anyone or violating any other legal rights of any party. Instead it seems she is being dragged in as a third-party witness in Shoemaker’s suit on behalf of his clients, Rev. Lisa Sykes and Seth Sykes, against vaccine maker Bayer. Although Seidel has been a remarkably diligent blogger on autism-vaccine litigation, I can find no indication that she is in possession of specialized knowledge that Shoemaker would not be able to obtain for his clients through more ordinary means.
Instead, the first phrase that occurred to me on looking through the subpoena was “fishing expedition”, and the second was “intimidation”. Several clauses indicate that Shoemaker is hoping to turn up evidence that Seidel has accepted support from the federal government, or from vaccine makers, which she says she hasn’t. Also among the documents demanded: Seidel’s correspondence with other bloggers.
Seidel has issued a remarkably robust response to quash that subpoena. In the meantime, Seidel looks like it is another interesting example of people who attack bloggers without Googling the phrase Streisand Effect, or looking at the upswing in the online use of that fine phrase “I’m Spartacus”.
We will update the list of blogs that cover this: please post your link below and we shall include it.
Update 8 April - there is, finally, an LOL cat for this story, courtesy of dkmnow.
Related Reading
Orac at Respectful Insolence More legal thuggery, this time against neurodiversity.com
Walter Olson of Overlawyered Vaccine lawyer subpoenas Kathleen Seidel
Pal M.D. at Denialism Autism cranks going after blogger
Jake at Pure Pedantry Autism Cranks Try To Intimidate Blogger by Subpoena
Matt Johnston of Going to the Mat Bloggers and legal action
Leslie Graves of Open Records Blogger intimidation with a twist
Jane Genova of Law and More Kathleen Seidel’s Blog: Influence Means You Get Subpoeaned and Olson’s Trumpet - Blogosphere Unites Behind Kathleen Seidel
Liz of I Speak of Dreams Kathleen Seidel Slapped With unconstitutional, illegal, barred by the journalist’s privilege, and needlessly invasive subpoena
P. Z. Myers of Pharyngula Attempted suppression of Seidel
Glenn Reynolds of Instapundit Subpoena abuse (link only)
Sharon of The Voyage Neurodiversity Blogger Unfairly Subpoenaed
Ms Clark at Grey Matter White Matter Evidence of Slime
Whose planet is it anyway? Clifford J Shoemaker and Lisa Sykes: Putrid Lawyering
Autista at eponymous Rediculous
You are my minions Awareness
Sandy of Crux of the Matter Blogger on autism hit with subpoena
Letting off steam We are all Kathleen Seidel
Matt at Pooflingers Anonymous Another day, another gasket
Do’C at Autism Street I am Kathleen
JREF Forums Subpoena Being Used As Intimidation Tool vs Vaccine Blogger
Aspies for Freedom Forums Aspies for Freedom discussion
Ken of Popehat Vaccine-Litigant Thuggery: Subpoenaed For Blogging
Elf Sternberg mentions Seidel Friday’s Brain Is Small But Inspired: Kathleen Seidel of Neurodiversity faces down a legal thug
Kassiane of The Rettdevil’s Rants We are Kathleen
Rev. Big Dumb Chimp of the eponymous blog Anti-Vaccination Parents stoop to new lows
Update April 5
Michelle Dawson Quick Topics Mentions of support for Seidel
Odd Jack of the Jaded Skeptic Autism troubles in law and blogs
Sabrina W of Women’s Bioethics Blog Neurodiversity blogger subpoenaed in “vaccine-autism link” lawsuit
Bev of Asperger Square 8 Welcome to the “I am Kathleen” Scavenger Hunt
Axinar (eponymous) Autism-Vaccine / Neurodiversity War Getting UGLY
jypsy from The Run Man We are Kathleen too
Joseph of Natural Variation - Autism Blog Clifford Shoemaker and Other Views
Malcolm Stanley of Strategic Thinking and Execution Blogger ensnared in hotly contested autism-vaccine lawsuit
Dr Mary Johnson of Dr J’s HouseCalls The Plane! The Plane!
Steve D of One Dad’s Opinion How to Treat a Bully
Mythusmage of Mythusmage Opines Rallying the Blogosphere Again and again on Live Journal Rallying the Blogosphere Again
codeman38 of Normal Is Overrated All for one and one for all
Club 166 Kathleen Slapped-Blogs Slap Back
Moon Cat of Left In Alabama Blogger Troubles - SLAPP
Ralph Smith of Homo Autistic Kathleen Seidel “Subpoeaned”
Grumpy of I Call BS When bullies get a subpoena to wield (mention)
Law bites Vaccine lawyer subpoenas Kathleen Seidel
Woman Scientist (eponymous) Links to the absurd (mention)
Bronze Dog of The Bronze Blog Anti-Vaxxer Thuggery (mention)
Bug Girl (eponymous) Chilly climate for blogging?
dkmnow (eponymous) Shoemaker’s Witch-Hunt: An Open Letter (dkmnow is a little hurt to have been left off the subpoena and might be interested in rectifiying that) Update: see dkmnow’s The Subpoena Club
New York Personal Injury Attorney Blog Abuse of process
Swiftspeech! Quash this unconstitutional, unreasonable, irrelevant, excessive, invasive, burdensome, frivolous, and clearly retaliatory subpoena (mention)
Vicky at Victoria’s Corner The Mozlems Want You to Have Autistic Babies
John Timmer of Ars Technica Blogger ensnared in hotly contested vaccine lawsuit
Lisa of Liv’s Journey Can I Play Sykes Google Hit Too?
Liesl of Clotted Cognition You gotta fight for your right to blog
Mike Stanton of Action for Autism Shoemaker’s subpoena is a load of cobblers
Jannalou at ASD :: Commentary on Autism, Disability, and the World. Implication by Association?
Legal Schnauzer eponymous blog Bloggers As Targets - discusses own situation and parallels with Seidel
Emily of A Life Less Ordinary Emotion and irrationality run amok
Darwin Central forums Blogger Subpoenaed in Autism “Big Pharma”
Kristina Chew of Autism Vox Vaccine Awareness from David Kirby (mentions)
Gadfly of Socratic Gadfly Vaccine- chasing law firm in an intimidating huff and who seem to have submitted a complaint to Gadfly’s employers concerning his email to Shoemaker and Associates
Update 6 April:
Kev of Left Brain Right Brain: Kathleen Seidel
Update 6 April
Daedalus of Stranger than you can imagine I am Kathleen
Ron Coleman of Likelihood of Confusion Subpoenas to bloggers
Karoli of Drums n Whistles Lawsuits and Autism: A Back-Door Effort to Suppress Facts
Orac of Respectful Insolence (again) An open letter to David Kirby and Dan Olmsted about the Kathleen Seidel subpoena
Galactic Poolhall Autism Lawsuit
Mike Stanton of Action for Autism (again) An open letter to David Kirby and Dan Olmsted about the Kathleen Seidel subpoena points to Orac’s Open Letter (above, today)
Do’C of Autism Street Bloggers On The Seidel Subpoena points to Orac’s Open Letter (above, today)
Update 7th April
Liz Ditz of Kitchen Table Math Citizen Journalist Hit With Subpoena Intended to Intimidate
Joseph of Natural Variation Conficts of Interest Disclosure
Daylight Atheism (eponymous) Legal Thuggery Against Neurodiversity.com
Skeptico (eponymous) Bullying Attorney Thug
Autism News Beat Attorney Clifford Shoemaker v. bloggers
Health Blawg Blawg Review #154 mentions the kerfuffle and the legal chills for bloggers
Lili Marlene of Incorrect Pleasures Flippin’ heck expresses incredulity and delight at being part of the cool club that is named in the subpoena
Estee Klar-Wolfond of The Joy of Autism In Support of Kathleen Seidel And Her Work
Do’C of Autism Street Autism, Clifford Shoemaker, and Kathleen Seidel video - see also 8 April, Not Mercury
Jeff of Perseveration Quashing a Subpoena
Metafilter Owner of Neurodiversity.com Subpoenaed in Autism Suit.
Wrong Planet Messageboard discussion Blogosphere Rallies Behind Kathleen Seidel, Against Subpoena
Something Awful forums Blogger subpoenaed in vaccine-autism suit
Sandy of Junk Food Science Threats to citizen journalism
dkmnow (eponymous) is pleased to announce membership of an elect group, The Subpoena Club
Woman Scientist (eponymous) Thoughts on an absurd subpoena
Steven Novella Another Attack on Free Speech and a Science Blogger
Bob King of Graphic Truth In the matter of Shoemaker v. Seidel; Court of public opinion; The Hon. Bugs Bunny Presiding.
SL at Stop.Think.Autism I Am Also Kathleen video and description of events and responses
Ivan of AthenIvanIdx In defence of autism blogger Kathleen Seidel reproduces part of Orac’s Open Letter (above); some comments
ibid “I am also Kathleen video from SL from Stop.Think.Autism
ibid Why defend somebody you don’t know?
ibid What’s it all about Cliffy? video byMs. Clark the autism diva (ghastly version of What’s It All About, Alfie - yet effective)
Kristina Chew of Autism Vox About This “Autism Dilemma” mentions Seidel and links to another video
Sharon of The Voyage Kathleen Subpoenaed - Video Some campaigning videos and an update
Update 8 April
Holford Myths (eponymous) Clay Shirky and Nick Carr: A Tangent on Science Blogging (mention)
Arthur Allen at Washington Independent site Subpoena the Blogger
Mitchell Rubenstein of Adjunct Law Professors Blog Autism Blogger Subpoenaed
Not Mercury (eponymous) “Subpoenaed” video, as per Do’C at Autism Street 7 April
Gadfly of Socratic Gadfly Shoemaker has big fish to fry
Dr Wes (eponymous) Welcome to Grand Rounds - Vol. 4, No. 29 (strong summary)
Dick at The Life That Chose Me That’s kind of scary…
Alyric at A touch of Alyricism Just call me Barbra - The Streisand Effect
Liz of I Speak of Dreams How Long Until Kirby and Olmsted Speak on the Seidel Subpoena?
Patti Shepard of Whirled Peas My Response to Clifford Shoemaker (scroll half way down the page)
Lisa Emrich of Brass and Ivory Grand Rounds is hosted by Dr.Wes comments on the Seidel story as reported in Grand Rounds 4:29
Jales of Barely Dressed Bloggers unite!
dkmnow (eponymous) Because someone had to do it: courtesy of dkmnow, this story now has its own LOL cat.
Update 9 April
Orac of Respectful Insolence David Kirby and Dan Olmsted respond regarding the abuse of subpoena power directed at Kathleen Seidel
Dave Brooks of Nashua Telegraph What a Web of actional links we can weave Good mainsteam account of the Seidel affair and an acknowledgement that Seidel’s work is good quality advocacy journalism
Andrea Shettle of Reunify Gally Is any blogger safe? The “I Am Kathleen” Campaign
SL of Stop.Think.Autism Giving Credit Where Credit Is Due…
Sandy of Crux of the Matter On autism, neurodiversity & opinions
Andrea of Andrea’s Buzzing About One in the crowd
Mary Garafalo of Elder Abuse War on bloggers comes home to America (mention)
Update May 3: Not only was the subpoeana against Seidel quashed but now the Clifford Shoemaker and Sykes action against Bayer has been abandoned.
25 responses so far ↓
Patrick // April 4, 2008 at 9:54 pm
What’s being demanded of Ms. Seidel isn’t breathtaking. It’s what one might demand of any witness who has relevant testimony to offer in a given case.
What’s sad is that, from what I can see of the documents on offer, Ms. Seidel isn’t a witness who has relevant testimony to offer in this case. She isn’t a party. She isn’t an offered expert. She’s merely a jane-citizen who was subpoenaed by a legal thug with the intent to intimidate her into shutting up about his profitable, yet scientifically unfounded, case load.
Rules 26(g) and 45 of the Federal Rules of Civil Procedure offer her an opportunity to recover fees here, and while I think her response and motion to quash was excellent work for a layperson, I hope that some New Hampshire or Virginia attorney will read of this, contact her, and offer to step in on her behalf, pro bono.
And no, unfortunately I’m not licensed or admitted in the relevant courts.
draust // April 4, 2008 at 10:02 pm
Hear hear to the hope that a lawyer will volunteer to help Seidel out, Patrick.
Given the “Live free or die” New Hampshire ethos, I’d be hopeful some legal eagle there will step up to defend both the 4th Amendment right to free comment and the right of citizens to be spared frivolous “nuisance” subpoenas.
dvnutrix // April 4, 2008 at 11:17 pm
Hi Patrick - to a layperson such as myself, and with the filing system that I operate for my personal and family documents, that subpoena did look breathtaking in its demands when delivered to a citizen blogger but I am more than happy to defer to the knowledge, expertise and experience of others in this matter. :-)
We do need some blogging mottos of the force of “Blog free or endure the nonsense of the mainstream media”. But snappier - that’s a bit wordy and very flat.
I am Kathleen // April 5, 2008 at 4:43 am
Pro bono or contingency? I would think that Kathleen would be willing to be defended for a percentage contingency.
blog-thing : Shoemaker’s subpoena is a load of cobblers // April 5, 2008 at 6:22 pm
[...] spread his name accross the Internet to almost universal opprobrium. Anti quackery blogs like Holford Watch, Science Bloggers, Autism Hubbers and legal blogs like the aptly named Overlawyered are all [...]
LeeT // April 5, 2008 at 11:18 pm
The law of England and Wales is a little bit different.
Following The Civil Procedure Act 1997 and 1998 Civil Prodedure Rules it is now more difficult to use the law to bully people.
See a basic business law text book for an explanation of things like pre-action protocols and costs.
jaycueaitch // April 6, 2008 at 1:55 pm
I’ve blogged about this here:
http://jaycueaitch.wordpress.com/2008/04/04/we-are-all-kathleen-siedel/
I hope she is successful in quashing this legal thuggery
LW // April 6, 2008 at 2:37 pm
I hope everyone who reads about this travesty is trying to get word to the MSM about it. I don’t personally know anyone in the MSM, but have found some places to leave a “tip” about it. If enough people do that, perhaps this will break out into public knowledge, not just the blogosphere.
Liz Ditz // April 6, 2008 at 6:54 pm
I am also keeping a running list of responses to the Seidel subpoena at I Speak of Dreams. I’ve added your blog.
Oh, and the Muslim matter? Kathleen Seidel maintains an online “Sufi Cookbook and Art Gallery”, Serving the Guest
koo // April 6, 2008 at 10:44 pm
This site is a Patrick Holford witch hunt and is undoubtedly linked to Codex Alimentarious
koo // April 6, 2008 at 10:45 pm
This is sedition
You don’t know what you are doing
Richy // April 6, 2008 at 11:33 pm
Mercury is really, really good for you. Your government loves you.
http://www.mercuryexposure.org/
jonhw // April 7, 2008 at 12:14 am
Koo- no, we’re not linked to Codex Alimentarious. At least that’s an original accusation, though - bonus points for that, as it makes a change from being accused of being big pharma shills.
As to whether the site is a witch hunt - do you think we have said something that’s inaccurate? If not, shouldn’t the question be why others often do take Holford’s inaccurate claims at face value, rather than why we offer a critical assessment of them?
By the way, I’ve deleted a duplicate comment of yours - please don’t paste the same comment on multiple threads.
ilovegimpy // April 7, 2008 at 7:17 am
Sounds like a witch hunt to me jonny boy
i can haz supeena 2? // April 7, 2008 at 4:02 pm
Holicrapoli! That’s shaping up to be one fantastic list o’ links!
Yeah, I was a bit miffed at being left out of Clffy’s little fishing trip. But Kathleen has since added me to the blogroll that Cliff plundered for his “co-conspirators” hit-list.
To celebrate my new status as an honorary “Kathleen Emeritus,” I have created a new page on my blog for the Hall-of-Famers listed in “Item #5.” Oh, and i can haz neu blawg post, 2. YAAAY!!!!11!1!111eleventy
–DKM
jaycueaitch // April 8, 2008 at 8:16 am
koo - sedition?
Do you know what the word means?
Has antivaccinationism become the basis of governing the state while my back was turned?
athenivandx // April 8, 2008 at 4:14 pm
hey there [Holford Watch]……thanks for the mention, and very good idea…….to keep track of all blogs and sites covering this topic. I can guarantee you there will be more forthcoming.
There may be more cases like that waiting in the wings….of autism rights advocates being silenced or other people trying to silence them……….I know there have been such cases before this one…..if you find any on your own……..please let us know, as Orac did….he was responsible for us finding out about this one.
Ivan of athenivanidx
dvnutrix // April 8, 2008 at 7:45 pm
jqh - koo is taking part in the new internet drama. Or this may all be a misunderstanding over lyrics. (The King sings Suspicion.)
mythusmage // April 10, 2008 at 1:06 am
Hi there; I got a visitor from this page so I decided to come on over and have a look. Good to know more people are writing about this, and taking the bloviators and bozos to task.
I hate bullies. I especially hate bullies who use the system as a tool in their bullying. One way to combat them is by exposing their workings and their methods. I hope this affair turns out well, but remember it’s a never ending threat. Be vigilant, and always speak out on your behalf and on the behalf of others.
Kathleen Seidel Successful In Quashing Shoemaker Subpoena « Holford Watch: Patrick Holford, nutritionism and bad science // April 22, 2008 at 10:45 am
[...] 22, 2008 · No Comments Kathleen Seidel prevails. She has successfully quashed the absurd Shoemaker subpoena that triggered an outpouring of support for neurodiversity.com and its own I’m Kathleen [...]
Kathleen Seidel: the Conspiracy Deepens Because Women Shouldn’t Be Able to Research Like She Can « Holford Watch: Patrick Holford, nutritionism and bad science // May 20, 2008 at 8:42 pm
[...] Kathleen Seidel Has Received a Sub-Poena: Streisand, Spartacus, Shoemaker, They Start with S and End… Kathleen Seidel Successful In Quashing Shoemaker Subpoena [...]
Public Citizen // May 29, 2008 at 4:32 pm
For those who have been following the case of Sykes v. Bayer, we have an update. This is the case in which disagreement over whether mercury in medicines causes autism was turned into a discovery witch hunt. Kathleen Seidel backs her position regarding autism on a Web site devoted to issues involving autism, disability and other topics. Among other things, her Web site criticizes Lisa Sykes, who is suing Bayer and believes mercury does cause autism.
Recall that on April 21, the court quashed an incredibly broad subpoena from attorney Clifford Shoemaker, who represents Sykes. Shoemaker did not just request that Seidel release her correspondence with Bayer; he also demanded all of her documents pertaining to the issues she has written about on her Web site, as well as all of her correspondence with attorneys, physicians, the federal government, non-governmental political organizations, religious groups, and scientific and academic boards. To make matters worse, Shoemaker tried to defend his discovery demands by accusing Seidel and Bayer of conspiring to defame Sykes.
On Tuesday evening, Public Citizen, on behalf of Seidel, filed papers arguing that sanctions against Shoemaker were appropriate because the requests in his subpoena were irrelevant to the lawsuit against Bayer and “abusive and burdensome.” In its brief, Public Citizen cites the Supreme Court case Reno v. ACLU to support its argument that anyone can present “findings and conclusions” freely on the Internet if he or she so chooses, and argues that the use of discovery to harass a critic warrants sanctions. For more information, visit http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=477.
dvnutrix // May 29, 2008 at 7:09 pm
We shall follow the outcome of this with interest, Public Citizen.
dvnutrix // June 24, 2008 at 10:53 am
Ah - belatedly, it seems that the judge has ruled in the matter of sanctions against Shoemaker and agrees with me on the use of the word breathtaking.
jonhw // June 24, 2008 at 1:44 pm
Yes, that is a nicely written ruling. I especially like how it is made clear that:
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