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The argument may be intriguing but not persuasive, says Professor Daniel Farber, a free-speech expert at UC Berkeley's Boalt Hall. After the Weekly described the argument and the case cited to him, Farber said, "It seems like a stretch to me."
Even if some may consider the First Amendment argument a stretch, Lacey is cautiously optimistic that the judge will see his side of things. Lacey and his partners say they have the facts on their side since they had never conspired to put the Guardian out of business. "I think Bruce's case is nonsense, absolute nonsense," Lacey says.The Weekly sent Brugmann and Guardian Editor Tim Redmond an e-mail asking them for a response to the summary-judgment motions the Weekly filed last week. Specifically, the Weekly asked if they had any other evidence of an intent to harm the Guardian aside from Lacey's 12-year-old comments as recalled or dreamed by a former ad rep.
Redmond sent back a short e-mail saying, "Our attorneys are preparing written responses to every argument in the motion that the defendants filed late Friday, and they are confident that the motion will be denied and the case will proceed to trial this fall."
A hearing on the Weekly's motions is scheduled for Sept. 4. Maybe by then, the Guardian will have someone who did more than dream up a plot to put it out of business.