I have never met Caleb Giddings. We’ve never had any contact. He almost certainly couldn’t pick me out of a police lineup. I know he’s a somewhat polarizing figure in the gun blogging community; there are people who follow him avidly, and people who he rubs the wrong way.
I don’t have a dog in this fight, other than I don’t like bullies and “…they all believed in justice, and when the line was drawn, there was but one side for them all.”
About a year ago, Caleb reviewed a product called “Instant Accuracy” being sold by a man named Patrick Kilchermann. In his review, clearly marked as an editorial, Caleb expressed the opinion that “Instant Accuracy” is a scam: Kilchermann is charging $97 for what basically amounts to a 15-minute dry fire training program, repeated 4 to 5 times a week for four weeks. As Caleb pointed out, you don’t need to spend $97 for dry fire practice; there are good books on the subject available for a third to a quarter of that price. (You can find specific recommendations in that thread at his site.)
Quoth Caleb:
He went around the internet, copied techniques that professionals, writers, and trainers have posted for free in the public realm, and then is claiming he invented this form of secret dry-fire kung fu that you have to pay him 100 bucks for. To me, that’s a scam. It’s not Ignatius Piazza level of scam, but it’s damn close.
Naturally, Mr. Kilchermann took exception to this, and spent some time in the comments defending himself and “Instant Accuracy”. However, he declined to answer some simple basic questions, like “What are your qualifications?”, and “What three police departments are currently using your program?”. Indeed, Mr. Kilchermann seems to have been silent for the better part of the past year.
Until May 20th, when he contacted Caleb and asked him to either take down the review, or remove the comments about “Instant Accuracy” being a scam. When Caleb refused, Mr. Kilchermann threatened him with a lawsuit.
I am not a lawyer, but it seems to me (based on what I’ve read of the law) that Caleb’s statements were clearly labeled as opinion, and that statements of opinion are not actionable in a court of law. I don’t believe Mr. Kilchermann consulted a lawyer before issuing his bumptious legal threat. And if Mr. Kilchermann managed to find a lawyer who is stupid enough to take the case, or if he chooses to proceed pro se? I’m pretty sure Caleb will have no trouble finding pro bono legal representation – he may not even need to ask for a Popehat Signal.
I’m not sure what state Caleb is in, but many jurisdictions have strong anti-SLAPP laws. If Mr. Kilchermann chooses to proceed with legal action, I feel confident in saying that he will end up paying Caleb’s legal fees.
Mr. Kilchermann is apparently concerned about his Google ranking for “Instant Accuracy”. In my opinion, bumptious threats of legal action are an even bigger sign of a scam. Let’s let Mr. Kilchermann’s words and actions be seen by as many people as possible.
Sir, welcome to the Streisand effect.
(Hattip on this one to pdb.)