Another California court has refused to stop the famous Pledge of Allegiance challenger Michael Newdow from suing over the unkind things a stranger wrote about him on the Internet.

In an unpublished and unanimous ruling Tuesday, the 1st District Court of Appeal refused defendant Austin Miles’ attempt to label Newdow’s libel suit a Strategic Lawsuit Against Public Participation and to get it thrown out. The ruling upheld a Superior Court decision out of Contra Costa County.