Local blogger and talk show host Philip Klein held a press conference at KOLE News Fox Radio in Beaumont on April 12 in response to a defamation suit against him by Jefferson County Justice of the Peace Tom Gillam.

Judges are supposed to uphold free speech, not squash it with litigation.

That was the response of local blogger Philip Klein of Klein Investments when he found out Justice of the Peace Tom Gillam III, Jefferson County Precinct 8, filed a defamation lawsuit and a restraining order against him on April 10 in Jefferson County District Court.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

"As we have shown in the past, the Southeast Texas Political Review has every intention of aggressively defending itself," Klein said on his Web site. "I see Jefferson County is one of the most corrupt counties in Texas. This suit is an attempt to silence one of the only few sources that brings the story to you the reader and listener to Southeast Texas."

On March 27, Klein wrote on his Web site that the judge engaged in an inappropriate sexual act with a woman at the Jefferson County Sub-Courthouse in Port Arthur. An employee walked in on Gillam during the alleged act, became upset and left, slamming a glass door behind her, causing the glass to shatter.

Gillam's lawsuit, filed by Beaumont attorneys Brent Coon and Gerald Eddins, states that he was doing paperwork alone on the night in question. He claims he was looking for two computer disks, called his court coordinator at home for help and she returned to the courthouse to find them.

The lawsuit goes on to say Gillam finished his work and left the woman by herself. The coordinator then realized she was alone and became uncomfortable. She exited her office area only to find the courthouse door locked. "She then started banging upon the door," cracking the glass.

"Comments regarding elected officials, as well as public officials and events surrounding them is firmly protected by the First Amendment of the United States Constitution," Klein said. "Clearly, sources that report misconduct and events are further protected. As being a public official, Judge Gilliam's actions, both current and past, will be on the table for discussion and will be during the course and scope of this suit."

A statement released to local media by attorneys Eddins and Coon states Klein's story is "patently false, malicious and defamatory. On April 10, 2007, Judge Gillam filed a civil action for defamation against Philip Klein and Klein Investments, Inc., in an attempt to repair the damage done to Judge Gillam's reputation and the good name of his family.

"At trial irrefutable evidence will be presented that proves Mr. Klein's public and private statements regarding this matter to be unequivocally and unconditionally false.

"The supporting evidence will include courthouse surveillance videotape that conclusively shows the story to be lies. Mr. Klein has used the Internet to spread his bogus story throughout Texas and beyond. Judge Gillam's only recourse is to use the legal system to bring an end to the shameless and outrageous personal attack upon his character and reputation."

"As a result of Klein's false and defamatory statements, the plaintiff has endured shame, embarrassment, humiliation, and mental pain and anguish. For example, people in the cafeteria pointing and snickering at him," the plaintiff's original petition said.

The plaintiff also filed a motion for an injunction to obtain tapes of radio programs that Klein hosts on KOLE News Radio Fox 1340 in which the Gillam allegations were discussed on the air. The motion also names talk show hosts Ronnie Linden and Dominic Brascia and as well as the station.

Judge Bob Wortham, 58th District Court, set a 10 a.m. April 23, hearing date on the motion for a Temporary Injunction.

In response, Klein, joined by Linden and Brascia, held a press conference at the KOLE radio station in Beaumont on April 12.

"We take the First Amendment very seriously," Brascia said. "We will not be intimidated."

The station and the three talk show hosts have secured representation from Mitch Templeton, of Chambers Templeton & Cashiola in Beaumont.

Klein said he has had a working relationship in the past with attorney Brent Coon, who filed the suit against him on behalf of Gillam.

"I am very concerned about ethical standards being breached," Klein said. "But Brent is a great guy and always acted ethically, so I am going to give him a chance for this to settle down and step out of it. I believe his cooler head will prevail."

But Klein went on to say that his relationship with Eddins has been troubled for more than a decade.

"It goes back to the '90s, when I served on a committee for the Citizens for Lawsuit Abuse. He has made it clear that he has not forgotten that and I believe that may the catalyst behind his involvement. Mr. Coon may have a cool head, but Mr. Eddins does not," Klein said.

Klein said he will give the parties some time to resolve the issue, but will file a counter suit if necessary.

He added that he would not pay the judge "one dime" in settlement unless "a jury asks me to."

Brascia said he believes the lawsuit could be a turning point for Southeast Texas media.

"As a political figure, an elected official, the judge chose to be in the spotlight, and he works for us, for the taxpayers," Brascia said. "If we bend now, if we are intimidated by being sued, then Southeast Texas will never have a talk show that will discuss local politics and elected officials."