Alabama Blogger Beaten And Arrested

Roger Schuler's Mug Shot

It's not easy being a journalist in Alabama, especially when you write about controversial issues. Such was the case with Roger Schuler, the voice of LEGAL SCHNAUZER. You see, he was reporting in detail about the alleged affair between Liberty Duke, a State lobbyist, and attorney Rob Riley, son of a previous Republican governor. Mr. Schuler's interest was piqued by the divorce proceedings between William and Liberty Duke, who had been married for fourteen years. It was Mr. Schuler's belief that the alleged affair and the divorce proceedings occurred within a specific time period, so the know fact of the divorce supported the conjecture of an affair. In fact, he concludes that the divorce settlement, which was quite favorable to William Duke, proves the affair, despite the fact that Liberty Duke denied that affair under oath.

So, the alleged injured parties, Rob Riley and Liberty Duke, brought the case into the legal system and the judge ordered Mr. Schuler to stop writing about this issue and erase all posts that involve both parties. However, as of Oct 24, Mr. Schuler continued to write in his blog about the issue (the date of the last post). On Oct. 23, sheriff''s deputies from Shelby County encountered Mr. Schuler in his garage, beat him, maced him, and arrested him, according to reports. A mug shot shows Mr. Schuler's face with unmistakable areas of swelling and bruising.

Roger Schuler before his encounter with sheriff's deputies

So far, Mr. Schuler remains incarcerated, under order from the judge, with no bond set. There is an arrest warrant signed by Judge Jay Murrill and dated Oct 7. As of this moment, Mr. Schuler's wife is barricaded in their home, afraid to answer the door, for fear that the local authorities will be at the door, ready to pull the plug on her husband's website.

Logo of Shelby County Sheriff's Office

Many of us may wonder why Mr. Schuler continued to keep the disputed information posted, despite the judge's order. There is always the referral to the first amendment freedom of speech rights. But there are also protections for people who are not in the public eye, such as slander and libel laws. That begs the question of whether Liberty Duke and Rob Riley are sufficiently in the public view to allow a certain amount of conjecture about behaviors to be freely discussed in public forums. And just how public is Mr. Schuler's blog, anyway? You'd have to find out how many visitors the blog received and how many of those were local and even knew the key players. And now, with the addition of cyber-bullying laws (if Alabama, indeed has those), how would you judge what Mr. Schuler was writing? The answers are not entirely clear. But even with the complexity of the issues, though, the question remains, no matter what your personal feelings about Mr. Schuler: Does anyone in law enforcement have the right to leave Mr. Schuler looking like he does in his mug shot?
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