McAlester DA Considers Lawsuit Against Blogger

News On 6's Jeffrey Smith reports McAlester District Attorney Jim Miller says blogger Harold King is a criminal.

King says he's entitled to freedom of speech. The DA says King is guilty of breaking a rarely-used Oklahoma law and he's not giving up the fight.

Hal King runs the McAlester Watercooler website.

"We talk about corruption and problems," said Hal King, owner of McAlester Watercooler.

Recently bloggers have gone to town criticizing District Attorney Jim Miller. Last week, cops showed up at King's door with a subpoena, demanding 35 names, addresses and social security numbers of those bloggers.

"He should not be using his position, or the police authority, for this kind of activity," said King.

He also questions Miller's influence in getting a criminal investigation started.

"I find it offensive that somebody can sit out there in Internet world and make up a false name and say anything about you. To me, they're cowards," said Jim Miller, District Attorney.

Some bloggers said Miller was "involved in drugs" and was "receiving kickbacks." Others called him a "liar, a cheat, and a strong armed bully."

"If you print that, you bet, I'm going to file a police report. And I may sue you because it's a lie. And it's a malicious lie," said Miller.

Miller filed a report for criminal libel, punishable by a year in jail. First Amendment scholars say criminal libel is extremely rare.

"Civil libel, where you get damages, is really an adequate remedy for libel. And also, criminal libel, because it carries the additional threat of jail time, loss of liberty, in addition to a fine, is just too heavy a hand on government on speech, especially when it involves a government employee," said Gene Policinski, Vice-President, First Amendment Center.

"I've lost a lot of posters, people who have blogged regularly for a long time. People are calling asking if they can be traced, people are scared to death," said King.

Miller says there isn't free reign to call him a criminal.

"I'm simply a citizen, a citizen of the state of Oklahoma and the city of McAlester who filed a police report, because I believe I was wronged," said Miller.

He's heating up the Watercooler fight and says it's time to take a stand.

McAlester Police say they handed over their report to the DA's office on Friday. It'll be up to the DA's office to file charges.

Miller has recused himself from the case, but says if charges aren't filed he'll talk with his attorney about a civil lawsuit.