N.Y. Sup. Ct.: Private Facebook Group's Conversations Aren't Defamatory--Finkel v. Dauber
Technology & Marketing Law Blog
...The case involves a private Facebook group comprised of 6 high school students apparently mocking and criticizing one of their classmates
http://blog.ericgoldman.org/archives/2010/07/private_faceboo.htm
>> Decision, Finkel v. Dauber: http://www.scribd.com/doc/34896368/Finkel-v-Dauber-Dismissed
Biggest Leak In US Military History: WikiLeaks Posts Thousands Of Classified Docs On Afghan War
Mediaite
Early Sunday, in what is being called "one of the biggest leaks in US military history," the whistleblower site WikiLeaks posted tens of thousands of classified "military field reports" about the Afghan war.
See also
White House decries WikiLeaks' release of Afghan war documents
Los Angeles Times
Mediaite
Early Sunday, in what is being called "one of the biggest leaks in US military history," the whistleblower site WikiLeaks posted tens of thousands of classified "military field reports" about the Afghan war.
See also
White House decries WikiLeaks' release of Afghan war documents
Los Angeles Times
Piecing Together the Reports, and Deciding What to Publish
New York Times
NYT defends publishing leaked military records
Upshot
Wikileaks May Have Just Changed the Media, Too
The Atlantic
Gawker boss Nick Denton settles suit brought by art collector Keya Morgan
New York Post
Two years ago, Morgan -- who is making a documentary, "Marilyn Monroe: Murder on Fifth Helena Drive" -- brokered the $1.5 million sale of the Monroe sex tape. Gawker's LA-based sister site, Defamer, claimed no such tape existed and depicted Morgan as a hoaxer, so he sued for $50 million. The case was settled this week.
New York Post
Two years ago, Morgan -- who is making a documentary, "Marilyn Monroe: Murder on Fifth Helena Drive" -- brokered the $1.5 million sale of the Monroe sex tape. Gawker's LA-based sister site, Defamer, claimed no such tape existed and depicted Morgan as a hoaxer, so he sued for $50 million. The case was settled this week.
Baldwin v. Fischer-Smith
Mo. App.: Dog Breeder's Libel Lawsuit Reinstated
Courthouse News
A website designed to "stop" a breeder of Chinese Crested show dogs also bred a lawsuit that belongs in Missouri courts, the state appeals court ruled.
---Opinion: Baldwin v. Fischer-Smith
Courthouse News
A website designed to "stop" a breeder of Chinese Crested show dogs also bred a lawsuit that belongs in Missouri courts, the state appeals court ruled.
---Opinion: Baldwin v. Fischer-Smith
Hersh v. Cohen
N.Y. Sup.: Should Anonymous Comments be a Right?
PC World
The Electronic Frontier Foundation is fighting in another case to keep anonymous commenting safe from sweeping subpoenas. A New York couple has issued dragnet subpoenas to Google and Yahoo demanding the identities of users behind 10 email accounts, 30 blog operators, website administrators, and the identities of anyone who had ever commented on those sites.
----Electronic Frontier Foundation's Memorandum in Support of the Motion to Quash
PC World
The Electronic Frontier Foundation is fighting in another case to keep anonymous commenting safe from sweeping subpoenas. A New York couple has issued dragnet subpoenas to Google and Yahoo demanding the identities of users behind 10 email accounts, 30 blog operators, website administrators, and the identities of anyone who had ever commented on those sites.
----Electronic Frontier Foundation's Memorandum in Support of the Motion to Quash
70,000 Blogs Shut Down by U.S. Law Enforcement
ReadWriteWeb
Blogetery, a Wordpress platform, has seen its entire community shut down by its host, BurstNET. Subsequent statements by BurstNET indicated that the service was suspended at the request of an unidentified law enforcement agency.
ReadWriteWeb
Blogetery, a Wordpress platform, has seen its entire community shut down by its host, BurstNET. Subsequent statements by BurstNET indicated that the service was suspended at the request of an unidentified law enforcement agency.
See also
CNET (Media Maverick)
UPDATE (7.20.2010)
Bomb-making tips, hit list behind Blogetery closure
CNET
More details are surfacing about why Blogetery.com, a blogging platform that claimed to service more than 70,000 blogs, was mysteriously booted from the Internet by its Web-hosting company.
See also: (7.21.2010)
Shutdown of Blogging Site Sparks Dispute
New York TimesA free blogging site, Blogetery.com, went dark less than two weeks ago, and its disappearance is stirring controversy about the obligations of Internet services and threats to free speech on the Web.
Update (7.22.2010)
The 70,000 Blogetery users could get blogs back
CNET
The U.S. war on terror may have inadvertently stripped as many as 70,000 people of their blogs, but those bloggers may get their work returned to them. Blogetery.com, a small blogging platform based in Toronto, was abruptly shut down on July 9 by Burst.net, its Web host, after FBI agents alleged Blogetery was home to links that led to bomb-making tips and the names of Americans targeted for assassination by al-Qaeda.
Liming v. Townsend
Tex. App.: Paris, Texas doctor files libel lawsuit
The Paris NewsPeople frequently badmouth doctors, but one blogger's comments have landed her in a Lamar County court ... the court has granted a temporary injunction against further Internet postings and from contacting Liming's patients, employers, employees, contractors or business partners.
>> Decision: Liming v. Townsend
The Paris NewsPeople frequently badmouth doctors, but one blogger's comments have landed her in a Lamar County court ... the court has granted a temporary injunction against further Internet postings and from contacting Liming's patients, employers, employees, contractors or business partners.
>> Decision: Liming v. Townsend
United States v. White
7th Circuit Holds Blogger Can Be Prosecuted For Threatening Juror
Citizen Media Law Project
An alleged white supremacist can be prosecuted under a federal solicitation statute for posting on his blog the name, address and photograph of a juror who helped convict the "leader of a white supremacist organization" of soliciting the murder of a federal district court judge and obstruction of justice, the federal Seventh Circuit Court of Appeals held in a ruling in late June.
---Decision: United States v. White
Citizen Media Law Project
An alleged white supremacist can be prosecuted under a federal solicitation statute for posting on his blog the name, address and photograph of a juror who helped convict the "leader of a white supremacist organization" of soliciting the murder of a federal district court judge and obstruction of justice, the federal Seventh Circuit Court of Appeals held in a ruling in late June.
---Decision: United States v. White
In re Anonymous Online Speakers (Quixtar v. Signature Management Team LLC)
9th Cir.: Court: Anonymous Web posts bring limits to commercial free speech
Las Vegas Sun
...The court, in an opinion written by Judge M. Margaret McKeown, said "Given the importance of political speech in the history of this country, it is not surprising that courts afford political speech the highest level of protection." But McKeown, quoting from another court's decision, wrote, "Commercial speech on the other hand, enjoys a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values..."
--- Decision: In re Anonymous Online Speakers (Quixtar v. Signature Management TEAM, LLC)
See also:
Las Vegas Sun
...The court, in an opinion written by Judge M. Margaret McKeown, said "Given the importance of political speech in the history of this country, it is not surprising that courts afford political speech the highest level of protection." But McKeown, quoting from another court's decision, wrote, "Commercial speech on the other hand, enjoys a limited measure of protection, commensurate with its subordinate position in the scale of First Amendment values..."
--- Decision: In re Anonymous Online Speakers (Quixtar v. Signature Management TEAM, LLC)
See also:
Ninth Circuit Weighs In On Internet Anonymity, Consumer Griping At Risk
Citizen Media Law Project
The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could be influential for future courts deciding whether to order the identification of anonymous or pseudonymous Internet speakers.
--- Decision: In re: Anonymous Online Speakers
Citizen Media Law Project
The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could be influential for future courts deciding whether to order the identification of anonymous or pseudonymous Internet speakers.
--- Decision: In re: Anonymous Online Speakers
Thank you to our readers!
To all our readers -- thank you so much for reading! Here at MLRC we've decided to change the format of the posts on a going-forward basis. Stay tuned for our new format, and please let us know if you have any comments or thoughts on the change!
Best,
The Editors
Best,
The Editors
Corbett v. Twitter
Corbett v. Twitter
STATUS: Dropped
Pennsylvania prosecutors sought a grand jury subpoena to Twitter, demanding the identity of two account holders , allegedly because they criticized the state attorney general. They said the identity of the Twitterers mattered if one was a defendant in a political corruption investigation, because it would show the defendant had a bad attitude that should earn him a higher sentence. According toa spokesman, the grand jury subpoena was dropped on May 21, 2010.
The two Twitterers, CasablancaPA and bfBarbie both received an e-mail from Twitter on Tuesday saying the company would respond tot he subpoena in a week 'unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter is otherwise resolved."
Links and court documents
Subpoena (May 6, 2010)
Pennsylvania AG Dropping Twitter Subpoena, Wired, May 21, 2010
Pennsylvania Attorney General Tries to Unmask Twitter Critics, Wired, May 19, 2010
STATUS: Dropped
Pennsylvania prosecutors sought a grand jury subpoena to Twitter, demanding the identity of two account holders , allegedly because they criticized the state attorney general. They said the identity of the Twitterers mattered if one was a defendant in a political corruption investigation, because it would show the defendant had a bad attitude that should earn him a higher sentence. According toa spokesman, the grand jury subpoena was dropped on May 21, 2010.
The two Twitterers, CasablancaPA and bfBarbie both received an e-mail from Twitter on Tuesday saying the company would respond tot he subpoena in a week 'unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter is otherwise resolved."
Links and court documents
Subpoena (May 6, 2010)
Pennsylvania AG Dropping Twitter Subpoena, Wired, May 21, 2010
Pennsylvania Attorney General Tries to Unmask Twitter Critics, Wired, May 19, 2010
Burfoot v. ___, No. ____ (Va. Cir. Ct. filed Apr. 21, 2010)
STATUS: The court reversed the grant of injunction
The vice mayor of Norfolk brought suit on Apr. 21 to take down a website, May4thcounts.com, alleging that several sections of the website were untrue, as well as 'slanderous and libelous.' Circuit Court Judge Charles E. Poston granted an injunction on Apr. 21, but sua sponte considered the motion and reversed his own decision, noting that freedom of the press and speech are "among the great bulwarks of liberty."
The vice mayor, Anthony Burfoot, has said he will hire a personal lawyer to find out who is behind the anonymous website once the campaign is over.
Links and Documents
- Judge vacates order shutting down anti-Burfoot website, The Virginian-Pilot, Apr. 23, 2010
The vice mayor of Norfolk brought suit on Apr. 21 to take down a website, May4thcounts.com, alleging that several sections of the website were untrue, as well as 'slanderous and libelous.' Circuit Court Judge Charles E. Poston granted an injunction on Apr. 21, but sua sponte considered the motion and reversed his own decision, noting that freedom of the press and speech are "among the great bulwarks of liberty."
The vice mayor, Anthony Burfoot, has said he will hire a personal lawyer to find out who is behind the anonymous website once the campaign is over.
Links and Documents
- Judge vacates order shutting down anti-Burfoot website, The Virginian-Pilot, Apr. 23, 2010
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
Too Much Media, LLC v. Hale, No. L2736-08 (N.J. Super. 2008).
Status: Appeal of ruling on application of reporters' shield law pending
Last Update: April 22, 2010
Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Oprano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.
The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."
Links and Case Documents:
June 30, 2009 Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: (Not yet available online; will link when it is.)
Status: Appeal of ruling on application of reporters' shield law pending
Last Update: April 22, 2010
Software company Too Much Media sued blogger Shellee Hale for defamation over postings on the Oprano blog (oprano.com) regarding alleged security flaws in the software the company makes for pornographic web sites. Hale said that her information came from confidential sources who she refused to name, citing New Jersey's reporters' shield law statute.
The trial court held an hearing on applicability of the statue, and ruled on June 30, 2009 that Hale was not protected by New Jersey's newsperson's privilege statute, and had to reveal the sources. In September the court denied a motion to reconsider its ruling, and in March a panel of appellate judges heard her appeal. On April 22, the Appellate Division confirmed, noting that "the fact of presenting information on a new, different medium, even if capable of reaching a wider audience more readily, does not make it 'news,' for purposes of qualifying for the newsperson's privilege. Simply put, new media should not be confused with news media."
Links and Case Documents:
June 30, 2009 Decision: http://www.citmedialaw.org/sites/citmedialaw.org/files/2009-06-30-TMM%20v.%20Hale%20Decision.pdf
http://www.citmedialaw.org/threats/too-much-media-llc-v-hale
http://www.nj.com/news/index.ssf/2009/04/blogger_who_claimed_online_por.html
http://blog.nj.com/jerseyblogs/2009/05/are_bloggers_journalists_too_m.html
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/125366610849190.xml&coll=1
N.J. appeals court hears arguments over whether blogger is protected by shield laws, NJ.com, Mar. 2, 2010
Apr. 22, 2010 Decision: (Not yet available online; will link when it is.)
Global Wildlife Center v. Hammond Action News, No. 2010-0000866 (La. Dist. Ct., filed ___ 2010)
STATUS: TRO Dissolved.
A satirical website, "Hammond Action News," was forced to temporarily take down a fictional story about a giraffe attack on a tour guide on March 4, 2010. The article named a real nonprofit wildlife sanctuary, the Global Wildlife Center, and used a copyrighted photograph to illustrate the article. The plaintiffs brought suit after the owner of the satirical website refused to take the story down. Without holding a hearing, Louisiana judge Brenda Bedsole Ricks granted a temporary restraining injunction, and scheduled a hearing for Mar. 15. A different judge, Beth Wolfe, heard the evidence and dissolved the injunction. Judge Wolfe also ordered the plaintiff to pay the defendant $500 in attorneys' fees and court costs.
Links and court documents
Judge: Web site must yank story about center giraffe, 2theadvocate.com, Mar. 4, 2010
Judge rules in satirical Web site's favor, USA Today, Mar. 16, 2010
Fake Giraffe Update: Louisiana Court Sides With Satirical Website, Citizen Media Law Project, Mar. 16, 2010
ACLU's Amicus Brief
A satirical website, "Hammond Action News," was forced to temporarily take down a fictional story about a giraffe attack on a tour guide on March 4, 2010. The article named a real nonprofit wildlife sanctuary, the Global Wildlife Center, and used a copyrighted photograph to illustrate the article. The plaintiffs brought suit after the owner of the satirical website refused to take the story down. Without holding a hearing, Louisiana judge Brenda Bedsole Ricks granted a temporary restraining injunction, and scheduled a hearing for Mar. 15. A different judge, Beth Wolfe, heard the evidence and dissolved the injunction. Judge Wolfe also ordered the plaintiff to pay the defendant $500 in attorneys' fees and court costs.
Links and court documents
Judge: Web site must yank story about center giraffe, 2theadvocate.com, Mar. 4, 2010
Judge rules in satirical Web site's favor, USA Today, Mar. 16, 2010
Fake Giraffe Update: Louisiana Court Sides With Satirical Website, Citizen Media Law Project, Mar. 16, 2010
ACLU's Amicus Brief
Xcentric Ventures, LLC v. Bird, No.CV-09-01033-PHX-ROS (D. Ariz. Feb. 4, 2010)
STATUS: DISMISSED.
A lawyer-blogger posted an article analyzing lawsuits against RipOff Report, an internet publication; her article contained at least one error, and Xcentric Ventures (which owns RipOff Report) brought suit alleging defamation and "aiding and abetting" tortious acts by others. The defendant filed a motion to dismiss on jurisdictional grounds, forcing plaintiffs to prove jurisdiction. To meet their burden, the plaintiffs had to meet the "effects" test established by Calder v. Jones, 465 U.S. 783, 789-90 (1984). The court held that while (1) the defendant had committed an intentional act in publishing the article, (2) it was not expressly aimed at the forum state (and did not consider whether the third factor was met -- whether the act caused harm, the brunt of which is suffered and which the defendant knows is likely to be suffered in the forum state). The court considered the second prong most, noting that apart from alleging that Defendants knew Plaintiffs were Arizona residents when the article was published (established only by circumstantial evidence), plaintiffs "did not allege any facts to support a connection between Arizona and the article." In accord with numerous other district courts, the court found that plaintiffs had not met their burden of proving jurisdiction.
Links and court documents
Complaint, filed May 4, 2009
Ripoff Report Sues Blogger, Loses on Jurisdictional Grounds, Technology & Marketing Law Blog, Feb. 12, 2010
Order Granting Motion to Dismiss, Feb. 4, 2010
A lawyer-blogger posted an article analyzing lawsuits against RipOff Report, an internet publication; her article contained at least one error, and Xcentric Ventures (which owns RipOff Report) brought suit alleging defamation and "aiding and abetting" tortious acts by others. The defendant filed a motion to dismiss on jurisdictional grounds, forcing plaintiffs to prove jurisdiction. To meet their burden, the plaintiffs had to meet the "effects" test established by Calder v. Jones, 465 U.S. 783, 789-90 (1984). The court held that while (1) the defendant had committed an intentional act in publishing the article, (2) it was not expressly aimed at the forum state (and did not consider whether the third factor was met -- whether the act caused harm, the brunt of which is suffered and which the defendant knows is likely to be suffered in the forum state). The court considered the second prong most, noting that apart from alleging that Defendants knew Plaintiffs were Arizona residents when the article was published (established only by circumstantial evidence), plaintiffs "did not allege any facts to support a connection between Arizona and the article." In accord with numerous other district courts, the court found that plaintiffs had not met their burden of proving jurisdiction.
Links and court documents
Complaint, filed May 4, 2009
Ripoff Report Sues Blogger, Loses on Jurisdictional Grounds, Technology & Marketing Law Blog, Feb. 12, 2010
Order Granting Motion to Dismiss, Feb. 4, 2010
Heritage Pacific Financial v. Shelton Investigations, No. ____ (E.D. Tex. Dec. 14, 2009)
STATUS: Pending
After defendant Shelton Investigations authored a post on complaintsboard.com accusing Heritage Pacific of not paying it for work it did for them, Heritage Pacific (a collections business) brought suit against Shelton Investigations and the owner of complaintsboard.com, Elizabeth Arden. Plaintiffs alleged defamation, libel, libel per se, and slander. On Dec. 14, a magistrate judge denied plaintiff's request for a preliminary injuction, noting that the plaintiff had not yet offered sufficient evidence that the court has personal jurisdiction over defendants, or that they had a likelihood of success on the merits. 2009 WL 4983810.
As of Feb. 8, 2010, the offensive post was still on the site.
Links and court documents
Texas financial company sues after negative comments on Web site, The Southeast Texas Record, Nov. 24, 2009
STATUS: Pending
After defendant Shelton Investigations authored a post on complaintsboard.com accusing Heritage Pacific of not paying it for work it did for them, Heritage Pacific (a collections business) brought suit against Shelton Investigations and the owner of complaintsboard.com, Elizabeth Arden. Plaintiffs alleged defamation, libel, libel per se, and slander. On Dec. 14, a magistrate judge denied plaintiff's request for a preliminary injuction, noting that the plaintiff had not yet offered sufficient evidence that the court has personal jurisdiction over defendants, or that they had a likelihood of success on the merits. 2009 WL 4983810.
As of Feb. 8, 2010, the offensive post was still on the site.
Links and court documents
Texas financial company sues after negative comments on Web site, The Southeast Texas Record, Nov. 24, 2009
Carl v. BernardJCarl.com, No. 1:07-cv-1128 (D.C. Va., order filed Sept. 30,2009)
STATUS: Pending
The plaintiff, a trained lawyer named Bernard J. Carl, was a founder of a private equity firm called Brazos Europe, Inc. This company attempted to acquire a small luxury brand in France; as part of the acquisition process, Brazos retained a French law firm. Unbeknownst to plaintiff, the French law firm subcontracted some work to Fabrice Marchisio, a partner in the French law firm Cotty Vivant Marchisio & Lauzeral. As a result of this work, Marchisio alleged that he was owed money by the plaintiff. Plaintiff refused to pay, and Marchisio and his firm brought suit in French court to recover the disputed fee; this suit failed.
After the case failed, Marchisio bought the domain name "bernardjcarl.com," and, as the sole content on the site, posted a letter from Marchisio to Carl (and his partner in Brazos, Sharon Fairbanks), asking them to please pay their bill. For example: "You enver complained about the quality of the our input but surprisingly 'disappeared' when invoice payment was due. We have tried to contact you many times since then.... but silence was the only answer. Have you forgotten our phone numbers?"
Carl brought suit in the Eastern District of Virginia, alleging false representation under federal trademark law, cybersquatting, cyberpiracy, and common law libel. The judge dismissed all but the libel claims on September 30.
Links and court documents
Sept. 30 Order
STATUS: Pending
The plaintiff, a trained lawyer named Bernard J. Carl, was a founder of a private equity firm called Brazos Europe, Inc. This company attempted to acquire a small luxury brand in France; as part of the acquisition process, Brazos retained a French law firm. Unbeknownst to plaintiff, the French law firm subcontracted some work to Fabrice Marchisio, a partner in the French law firm Cotty Vivant Marchisio & Lauzeral. As a result of this work, Marchisio alleged that he was owed money by the plaintiff. Plaintiff refused to pay, and Marchisio and his firm brought suit in French court to recover the disputed fee; this suit failed.
After the case failed, Marchisio bought the domain name "bernardjcarl.com," and, as the sole content on the site, posted a letter from Marchisio to Carl (and his partner in Brazos, Sharon Fairbanks), asking them to please pay their bill. For example: "You enver complained about the quality of the our input but surprisingly 'disappeared' when invoice payment was due. We have tried to contact you many times since then.... but silence was the only answer. Have you forgotten our phone numbers?"
Carl brought suit in the Eastern District of Virginia, alleging false representation under federal trademark law, cybersquatting, cyberpiracy, and common law libel. The judge dismissed all but the libel claims on September 30.
Links and court documents
Sept. 30 Order
Nemet Chevy v. Consumeraffairs.com, No. 08-2097, 2009 WL 5126224 (4th Cir. Dec. 29, 2009)
STATUS: Dismissed.
Nemet Chevrolet brought suit against Consumeraffairs.com for defamation, alleging that certain posts (uploaded by third parties) defamed Nemet. The defendants argued that they were entitled to s.230 immunity, and the district court agreed. On appeal, the Fourth Circuit affirmed, holding that the plaintiff's well-pled allegations left no more than "the mere possibility" that Consumeraffairs.com was responsible for the creation or development of the content at issue.
Links and court documents
Decision from the Fourth Circuit
Consumer Review Website Wins 230 Dismissal in Fourth Circuit, Technology & Marketing Law Blog, Dec. 29, 2009
Nemet v. Consumeraffairs.com, Citizen Media Law Project
[hyperlinked title], Publication, Date
Nemet Chevrolet brought suit against Consumeraffairs.com for defamation, alleging that certain posts (uploaded by third parties) defamed Nemet. The defendants argued that they were entitled to s.230 immunity, and the district court agreed. On appeal, the Fourth Circuit affirmed, holding that the plaintiff's well-pled allegations left no more than "the mere possibility" that Consumeraffairs.com was responsible for the creation or development of the content at issue.
Links and court documents
Decision from the Fourth Circuit
Consumer Review Website Wins 230 Dismissal in Fourth Circuit, Technology & Marketing Law Blog, Dec. 29, 2009
Nemet v. Consumeraffairs.com, Citizen Media Law Project
[hyperlinked title], Publication, Date
Horizon Group Management v. Bonnen, No. 2009L008675 (Ill. Cir. Ct., Cook County filed July 20, 2009).
Horizon Group Management v. Bonnen, No. 2009L008675 (Ill. Cir. Ct., Cook County filed July 20, 2009).
Status: Dismissed.Horizon Group Management, which owns the apartment that defendant Amanda Bonnen rents, sued her for a Tweet she sent to a friend (but publicly available on her Twitter feed), apparently about plans for the friend to stay at her apartment.
"You should just come anyway," the Tweet said. "Who said sleeping in moldy apartment was bad for you? Horizon realty thinks its okay."
Update: On Jan. 20th, the Cook County Circuit Court judge dismissed the case with prejudice, finding that the Tweet could have been innocently construed to reflect the plaintiff's opinion.
Links and Court Documents:Rounding Up the Buzz... Will one Chicago woman's Tweet cost her $50,000?, Chicago Bar-Tender, July 27, 2009
Complaint at http://www.chicagonow.com/blogs/chicago-bar-tender/Twitter%20lawsuit.pdf
Twitter apartment mold suit dismissed, Chicago Breaking News, Jan. 21, 2010
Judge tosses Twitter libel suit, WBBM 780, Jan. 22, 2010
Court's order dismissing suit, filed Jan. 20, 2010
Status: Dismissed.Horizon Group Management, which owns the apartment that defendant Amanda Bonnen rents, sued her for a Tweet she sent to a friend (but publicly available on her Twitter feed), apparently about plans for the friend to stay at her apartment.
"You should just come anyway," the Tweet said. "Who said sleeping in moldy apartment was bad for you? Horizon realty thinks its okay."
Update: On Jan. 20th, the Cook County Circuit Court judge dismissed the case with prejudice, finding that the Tweet could have been innocently construed to reflect the plaintiff's opinion.
Links and Court Documents:Rounding Up the Buzz... Will one Chicago woman's Tweet cost her $50,000?, Chicago Bar-Tender, July 27, 2009
Complaint at http://www.chicagonow.com/blogs/chicago-bar-tender/Twitter%20lawsuit.pdf
Twitter apartment mold suit dismissed, Chicago Breaking News, Jan. 21, 2010
Judge tosses Twitter libel suit, WBBM 780, Jan. 22, 2010
Court's order dismissing suit, filed Jan. 20, 2010
Apex Tech. Group, Inc. v. John Doe(s) 1-10, No. MID-L-7879-09 (N.J. Super. Ct., filed Dec. 23, 2009)
Status: Pending
A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."
Links and court documents:
- Order shutting down websites, filed Dec. 23, 2009
- H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
- Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
- Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
- Determining the Proper Scope of Prior Restraints against Blogs in Defamation Cases, JOLT Digest, May 11, 2010
A staffing and consulting services company ("Apex") brought suit against three websites -- http://www.endh1b.com/, http://www.itgrunt.com/, http://www.guestworkerfraud.com/ -- that allegedly posted defamatory comments about Apex, calling it a "bodyshop" and accusing it of engaging in bad practices while staffing H1-B workers from India. (The H1-B is a visa that allows American employers to use foreign workers in specialty occupations.) After the plaintiff filed an order to show cause, the court ordered Comcast, Yahoo!, and Facebook to turn over all documents relating to the identity of the owners of the websites. The court also enjoined the three websites, ordering them to remove all postings and references to the plaintiff. Finally, the court ordered discountASP.net, GoDaddy.com, and Domains by Proxy, Inc. to shut down and disable the websites "until further notice of this Court."
Links and court documents:
- Order shutting down websites, filed Dec. 23, 2009
- H1B spat unites activities, xenophobes against common enemy, Ars Technica, Dec. 30, 2009
- Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong, Electronic Frontier Foundation, Jan. 7, 2010
- Get to Work: Court order shuts web sites over H1-B fracas, San Francisco Chronicle, Jan. 11, 2010
- Determining the Proper Scope of Prior Restraints against Blogs in Defamation Cases, JOLT Digest, May 11, 2010
Freeman v. Swift, No. 27CV089585 (Minn. Ct. App., filed Dec. 29, 2009)
Status: Pending.
When a nonprofit corporation that operated a juvenile sex-offender treatment facility (named "Nexus") announced plans for the facility's relocation, a number of people had objections to the relocation plans. One of these people was Janette J. Swift, the founder and leader of a citizen-based group that attended numerous meetings and presented petitions to government bodies involved. Swift communicated with her state representatives, was quoted in news articles, and also established a website and blog.
On Swift's blog, she alleged that the CEO of the facility, James D'Angelo, had made "death threats," and also made derogatory comments about his character while responding to false reports about D'Angelo's suicide. She also e-mailed the supervisor of Peter Freeman, a voluntary board member of the Nexus facility, stating that her e-mail concerned "one of your faculty members who is engaging in unethical, immoral, and possibly even illegal behavior," and sought the supervisor's help in ending Freeman's activities with regard to Nexus. D'Angelo and Freeman brought suit, alleging defamation.
Initially, Swift sought to dismiss the lawsuit under the local anti-SLAPP law, Minn. Stat. s. 554.02, subd. 2(3) (2008); she argued she was immune to liability because her statements constituted "public participation." The lower court denied the motion to dismiss, holding that the statements were not genuinely aimed at procuring favorable government action, and that the plaintiffs had provided "clear and convincing" proof that her statements constituted defmation, which was exempted under the statute. On appeal, the Minnesota Court of Appeals agreed that Swift's speech was not aimed at procuring favorable government action, but rather aimed at creating ill will toward Freeman and D'Angelo. The court declined to address whether the plaintiffs had provided "clear and convincing" proof that her statements constituted defamation.
This was the first case in Minnesota to consider what constitutes "public participation" under the statute.
Links and court documents
Court rejects blogger's anti-SLAPP defense, Courthouse News Service, Jan. 8, 2010
Dec. 2009 opinion, affirming denial of Swift's motion to dismiss
When a nonprofit corporation that operated a juvenile sex-offender treatment facility (named "Nexus") announced plans for the facility's relocation, a number of people had objections to the relocation plans. One of these people was Janette J. Swift, the founder and leader of a citizen-based group that attended numerous meetings and presented petitions to government bodies involved. Swift communicated with her state representatives, was quoted in news articles, and also established a website and blog.
On Swift's blog, she alleged that the CEO of the facility, James D'Angelo, had made "death threats," and also made derogatory comments about his character while responding to false reports about D'Angelo's suicide. She also e-mailed the supervisor of Peter Freeman, a voluntary board member of the Nexus facility, stating that her e-mail concerned "one of your faculty members who is engaging in unethical, immoral, and possibly even illegal behavior," and sought the supervisor's help in ending Freeman's activities with regard to Nexus. D'Angelo and Freeman brought suit, alleging defamation.
Initially, Swift sought to dismiss the lawsuit under the local anti-SLAPP law, Minn. Stat. s. 554.02, subd. 2(3) (2008); she argued she was immune to liability because her statements constituted "public participation." The lower court denied the motion to dismiss, holding that the statements were not genuinely aimed at procuring favorable government action, and that the plaintiffs had provided "clear and convincing" proof that her statements constituted defmation, which was exempted under the statute. On appeal, the Minnesota Court of Appeals agreed that Swift's speech was not aimed at procuring favorable government action, but rather aimed at creating ill will toward Freeman and D'Angelo. The court declined to address whether the plaintiffs had provided "clear and convincing" proof that her statements constituted defamation.
This was the first case in Minnesota to consider what constitutes "public participation" under the statute.
Links and court documents
Court rejects blogger's anti-SLAPP defense, Courthouse News Service, Jan. 8, 2010
Dec. 2009 opinion, affirming denial of Swift's motion to dismiss
Blockowicz v. Williams, No. 09-C-3955 (N.D. Ill. Dec. 21, 2009)
Status: Bloggers enjoined after default judgment.
The Blockowicz family brought suit against defendants Joseph David Williams and Michelle Ramey after they allegedly posted defamatory statements on various websites. The defendants defaulted, and on Oct. 6, 2009, the court entered a permanent injunction requiring the defendants to remove their postings from the websites. The plaintiffs, however, were unable to contact the defendants; instead they approached third party providers of the websites. One of these, RipoffReport.com, refused to comply, arguing the court had no jurisdiction over them. The court agreed, finding the provider was not "acting in concert or legally identified" with the enjoined party as required for the court to enforce an injunction against a non-party under F.R.C.P. 65(d). Accordingly, the court denied the Blockowicz's motion to compel.
Links and court documents
Opinion denying motion to compel, filed Dec. 21, 2009
Ripoff Report Not Bound by Takedown Injunction Against User - Blockowicz v. Williams, Technology & Law Marketing Blog, Dec. 22, 2009
Court Allows Libelous Post To Remain Online, MediaPost Blogs, Dec. 24, 2009
The Blockowicz family brought suit against defendants Joseph David Williams and Michelle Ramey after they allegedly posted defamatory statements on various websites. The defendants defaulted, and on Oct. 6, 2009, the court entered a permanent injunction requiring the defendants to remove their postings from the websites. The plaintiffs, however, were unable to contact the defendants; instead they approached third party providers of the websites. One of these, RipoffReport.com, refused to comply, arguing the court had no jurisdiction over them. The court agreed, finding the provider was not "acting in concert or legally identified" with the enjoined party as required for the court to enforce an injunction against a non-party under F.R.C.P. 65(d). Accordingly, the court denied the Blockowicz's motion to compel.
Links and court documents
Opinion denying motion to compel, filed Dec. 21, 2009
Ripoff Report Not Bound by Takedown Injunction Against User - Blockowicz v. Williams, Technology & Law Marketing Blog, Dec. 22, 2009
Court Allows Libelous Post To Remain Online, MediaPost Blogs, Dec. 24, 2009
NAPW, Inc. v. Google, No. ___ (N.Y. Sup. Ct., filed Dec. __, 2009)
Status: Pending
A national women's group, NAPW, and its president sought an injunction as well as damages arising from misappropriation of their names for trade and advertising purposes, as well as defamation. They brought suit against Google and various Doe defendants because four blogs operated by Google services allegedly defamed the plaintiffs. They sought an injunction to order Google to remove and delete the offending posts "pending resolution through trial," as well as to disclose information for the Doe defendants. The four defamatory posts, as listed in the complaint, are:
- http://knol.google.com/k/national-association-of-professional-women-napw-scam
- ed-tech-axis.blogspot.com/2009/01/national-association-of-professional.html
- lopezhome.blogspot.com
- http://womenworksmart.blogspot.com/2008/08/watch-out-for-scams-attacking-new.html
As of January 6, all offending posts were still available.
Links and court documents:
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint
See also:
NAPW, Inc. v. East Cooper Entrepreneurial Women
A national women's group, NAPW, and its president sought an injunction as well as damages arising from misappropriation of their names for trade and advertising purposes, as well as defamation. They brought suit against Google and various Doe defendants because four blogs operated by Google services allegedly defamed the plaintiffs. They sought an injunction to order Google to remove and delete the offending posts "pending resolution through trial," as well as to disclose information for the Doe defendants. The four defamatory posts, as listed in the complaint, are:
- http://knol.google.com/k/national-association-of-professional-women-napw-scam
- ed-tech-axis.blogspot.com/2009/01/national-association-of-professional.html
- lopezhome.blogspot.com
- http://womenworksmart.blogspot.com/2008/08/watch-out-for-scams-attacking-new.html
As of January 6, all offending posts were still available.
Links and court documents:
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint
See also:
NAPW, Inc. v. East Cooper Entrepreneurial Women
NAPW, Inc. v. East Cooper Entrepreneurial Women, No. ____ (N.Y. Sup. Ct. Dec. __, 2009)
Status: Pending
A women's group sought an injunction from New York Supreme Court in order to have an offending blog post removed. The group, NAPW, Inc., claimed that a blog post by a competing organization ECEW, defamed it by calling NAPW a "scam." They also claimed that ECEW's post "attracted further defamatory posts, for which ECEW is liable."
Links and Court Documents
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint: http://www.courthousenews.com/2009/12/31/NAPW2
See also:
NAPW, Inc. v. Google
A women's group sought an injunction from New York Supreme Court in order to have an offending blog post removed. The group, NAPW, Inc., claimed that a blog post by a competing organization ECEW, defamed it by calling NAPW a "scam." They also claimed that ECEW's post "attracted further defamatory posts, for which ECEW is liable."
Links and Court Documents
Bloggers Defamed Women's Group, Says Suit, Courthouse News Service, Dec. 31, 2009
Complaint: http://www.courthousenews.com/2009/12/31/NAPW2
See also:
NAPW, Inc. v. Google
Siegal v. Kardashian, No. 09-93439 CA 15 (Fla. Cir. Ct. Dec. 29, 2009)
Status: Pending
Dr. Siegal's Cookie Diet website has a page that links to news articles and press mentions of the diet. Several of these links suggested that Kim Kardashian was a fan of the diet. In October 2009, she took it upon herself to Tweet that she thought the diet was "unhealthy" and that the company was lying. On Dec. 25, her lawyers sent the site a cease and desist letter, asking that references to Kardashian be taken down.
Dr. Siegal brought suit Dec. 29, alleging that both the doctor and his company were defamed by the Tweets.
As of Jan. 6, 2010, there are no links on The Cookie Diet site to Kardashian.
Case information and links:
Complaint, filed Dec. 28, 2009
Kim Kardashian Sued for Twitter Defamation, THR, Esq., Jan. 4, 2010
Kim K: I'm Being Used by a Cookie Monster, TMZ.com, Dec. 25, 2009
Siegal v. Kardashian, Citizen Media Law Project,
Dr. Siegal's Cookie Diet website has a page that links to news articles and press mentions of the diet. Several of these links suggested that Kim Kardashian was a fan of the diet. In October 2009, she took it upon herself to Tweet that she thought the diet was "unhealthy" and that the company was lying. On Dec. 25, her lawyers sent the site a cease and desist letter, asking that references to Kardashian be taken down.
Dr. Siegal brought suit Dec. 29, alleging that both the doctor and his company were defamed by the Tweets.
As of Jan. 6, 2010, there are no links on The Cookie Diet site to Kardashian.
Case information and links:
Complaint, filed Dec. 28, 2009
Kim Kardashian Sued for Twitter Defamation, THR, Esq., Jan. 4, 2010
Kim K: I'm Being Used by a Cookie Monster, TMZ.com, Dec. 25, 2009
Siegal v. Kardashian, Citizen Media Law Project,
CRIMINAL CASE: U.S. v. White, Crim. No. 08-00054 (W.D. Va.. 2008).
Status: Conviction on four of seven counts.
Although similar charges in Illinois federal court were dismissed, neo-Nazi leader William White was separately charged with several crimes stemming from alleged threats that he sent via e-mail and posted on his website (www.overthrow.com; now defunct).
The court denied a motion to dismiss the claims on First Amendment grounds on Dec. 3, 2009, and the trial began the following week.
After a eight-day trial, the jury convicted White on four counts, involving threats to a Citibank employee from Missouri, an administrator at the University of Delaware, a human rights lawyer from Canada and two tenants of an apartment complex in Virginia Beach. The jury acquitted White on two counts alleging threats against nationally syndicated Miami Herald columnist Leonard Pitts, and the former mayor of South Harrison township, N.J. It also acquitted White on a charge that the threats against the Citibank employee were made with intent to extort.
White could be sentenced to as much as 35 years in prison.
Links and Court Documents:
Leader of American National Socialist Workers Party Indicted, U.S. Dept. of Justice (press release), Dec. 11, 2008 (pdf)
Dismissed charges in Chicago might not affect Roanoke case, Roanoke Times, July 26, 2009.
Trial could have anonymous jury, Roanoke Times, Nov. 26, 2009.
Judge: White trial will proceed, Roanoke Times, Dec. 3, 2009.
Neo-Nazi White's trial begins today, Roanoke Times, Dec. 9, 2009.
U.S. v. William White trial blog, Roanoke Times
Jury finds White guilty on 4 counts, Roanoke Times, Dec. 19, 2009.
Status: Conviction on four of seven counts.
Although similar charges in Illinois federal court were dismissed, neo-Nazi leader William White was separately charged with several crimes stemming from alleged threats that he sent via e-mail and posted on his website (www.overthrow.com; now defunct).
The court denied a motion to dismiss the claims on First Amendment grounds on Dec. 3, 2009, and the trial began the following week.
After a eight-day trial, the jury convicted White on four counts, involving threats to a Citibank employee from Missouri, an administrator at the University of Delaware, a human rights lawyer from Canada and two tenants of an apartment complex in Virginia Beach. The jury acquitted White on two counts alleging threats against nationally syndicated Miami Herald columnist Leonard Pitts, and the former mayor of South Harrison township, N.J. It also acquitted White on a charge that the threats against the Citibank employee were made with intent to extort.
White could be sentenced to as much as 35 years in prison.
Links and Court Documents:
Leader of American National Socialist Workers Party Indicted, U.S. Dept. of Justice (press release), Dec. 11, 2008 (pdf)
Dismissed charges in Chicago might not affect Roanoke case, Roanoke Times, July 26, 2009.
Trial could have anonymous jury, Roanoke Times, Nov. 26, 2009.
Judge: White trial will proceed, Roanoke Times, Dec. 3, 2009.
Neo-Nazi White's trial begins today, Roanoke Times, Dec. 9, 2009.
U.S. v. William White trial blog, Roanoke Times
Jury finds White guilty on 4 counts, Roanoke Times, Dec. 19, 2009.
CRIMINAL CASE: Oklahoma v. King (2008 criminal defamation investigation)
Status: No charges filedSeparate criminal complaints were made by Pittsburg County, Okla. District Attorney Jim Bob Miller; and Billie Jean Stipe, and her son Wayne Stripe of McAlester, Okla., against McAlester Watercooler (http://www.mccooler.net/) publisher Harold King. (Billie Jean Stipe is the widow of businessman Francis Stipe, who was the brother of former State Senator Gene Stipe, who filed a 2005 complaint against the same site.) After Miller recused himself, the case was referred to Kay County District Attorney Mark Gibson for investigation. Although no charges were filed against King over the site, although District Attorney Miller agreed not to seek re-election as part of a deferred prosecution agreement over his efforts to discover the identities of posters to the McAlester Watercooler site.
CRIMINAL CASE: U.S. v. Turner, Crim. No. 09-542 (N.D. Ill. 2009), moved, No. 09-____ (E.D. N.Y. 2009).
Status: Mistrial declared Dec. 7, 2009; retrial scheduled for Feb. 1, 2010.On June 3, 2009, blogger and Internet radio host Hal Turner, a white supremacist who broadasct from his home in North Bergen, N.J., surrendered to police for comments on his program that were alleged to constitute threats to two Connecticut elected officials and a state ethics official (see Connecticut v. Turner).
Two weeks later, the FBI arrested Turner for alleged threats against three judges of the federal 7th Circuit Court of Appeals in Chicago. In September, the case was moved to the federal district court in Brooklyn, N.Y., where trial began Dec. 2, 2009. After a four-day trial, the jury announced that it was deadlocked and Federal Judge Donald Walter declared a mistrial. A retrial is scheduled for Feb. 1, 2010.
His lawyer is arguing that the comments were "political hyperbole" protected by the First Amendment.
Links and Court Documents:
U.S. v. Turner (Citizen Media Law Project)
Blogger arrested in threats on federal judges (Chicago Breaking News Center, June 24, 2009)
Tracing Xenophobic Internet Chatter to Its Roots in New Jersey Town (New York Times, June 30, 2009)
Man accused of judge threats called FBI informant (Associated Press, July 28, 2009)
CRIMINAL CASE: Florida v. Isaias Antonio, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro Mañalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro Mañalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.
Case Information and Links:
14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)
Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro Mañalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro Mañalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.
Case Information and Links:
14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)
Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)
Devenyns v. Albero, No. 22C09001273 (Md. Cir. Ct., Wicomico County filed July 24, 2009).
Status: Summary judgment motion pending.
Wicomico County Detention Center director Douglas Devenyns sued Joseph Albero over an anonymous comment posted on his Salisbury News blog site (sbynews.com) claiming that Devenyns is a "sexual predator," who shortened the sentences of female inmates who had sex with him.
While Albero would normally be exempt from liability for comments posted to his site by others under section 230 of the federal Communications Decency Act, the suit claims that Albero lost this protection by selecting which comments submitted to the site would and would not be posted.
On Nov. 30, 2009, the court granted Albero's motion for summary judgment.
Links and Court Documents:
Detention Center director sues blogger (DelMarVa Now, July 30, 2009)
Detention Center director's lawsuit against blogger dismissed (DelMarVa Now,Dec. 1, 2009)
Status: Summary judgment motion pending.
Wicomico County Detention Center director Douglas Devenyns sued Joseph Albero over an anonymous comment posted on his Salisbury News blog site (sbynews.com) claiming that Devenyns is a "sexual predator," who shortened the sentences of female inmates who had sex with him.
While Albero would normally be exempt from liability for comments posted to his site by others under section 230 of the federal Communications Decency Act, the suit claims that Albero lost this protection by selecting which comments submitted to the site would and would not be posted.
On Nov. 30, 2009, the court granted Albero's motion for summary judgment.
Links and Court Documents:
Detention Center director sues blogger (DelMarVa Now, July 30, 2009)
Detention Center director's lawsuit against blogger dismissed (DelMarVa Now,Dec. 1, 2009)
Robinson v. Albero, No. 0203SP009122009 (Md. Cir. Ct., Wicomico County filed Nov. 10, 2009)
Status: Dismissed
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed to obtain a peace order against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The court dismissed the petition at a Nov. 25 hearing.
On Nov. 17, Robinson filed a civil suit over the postings.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Peace order against blogger dismissed (DelmarvaNow!, Nov. 26, 2009).
Status: Dismissed
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed to obtain a peace order against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The court dismissed the petition at a Nov. 25 hearing.
On Nov. 17, Robinson filed a civil suit over the postings.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Peace order against blogger dismissed (DelmarvaNow!, Nov. 26, 2009).
CRIMINAL CASE: Commonwealth v. Ruffino, No. _____ (Mass. Dist. Ct., New Bedford filed Nov. 22, 2009).
Status: Pending.
Massachusetts police arrested Matthew Ruffino and Jason Foley after they allegedly posted a rap video on YouTube and MySpace that curses Ruffino's former probation officer and a state police trooper who ticketed Ruffino for driving with a suspended license. Both are cited by name in the video, followed by sounds of gunshots.
Ruffino and Foley are charged with threats to commit a crime, threats to use a firearm and witness intimidation. Both pleaded not guilty. On Nov. 30, they were denied bail.
Links and Court Documents:
Bail denied for local pair charged with threatening law enforcement officials in rap video (South Coast Today, Dec. 1, 2009)
Rap Video Threat Suspects Plead Not Guilty, More Arrests Possible (Associated Press, Nov. 23, 2009)
Singers arrested for YouTube video threatening cops (Boston Herald, Nov. 24, 2009)
508 Productions test First Amendment limits (South Coast Today, Nov. 24, 2009)
CRIMINAL CASE: U.S. v. Drew, Crim. No. 08-00582 (C.D. Cal. indictment filed May 15, 2008).
Status: conviction on three misdemeanor charges, acquittal on three of the felony charges, hung jury on one felony charge (C.D. Cal. Nov. 30, 2008); felony charge dismissed (Dec. 31, 2008); convictions rev'd on post-trial motions (preliminary ruling July 2, 2009).
Lori Drew created a fake MySpace page as part of scheme to find out how a particular 13-year-old girl felt about the woman’s daughter. She posed as a boy who flirted online with Megan Meier for a month. Then another girl who had a password to the account began sending nasty e-mails to Megan, and sent an e-mail breaking off the apparent relationship. Megan then committed suicide.
In early December 2007, St. Charles County prosecuting attorney Jack Banas announced that there was insufficient evidence to file harassment, stalking or child endangerment charges against Drew. Federal prosecutors in Missouri also said there was no basis for prosecution.
But in May 2008 a federal grand jury in California issued an indictment for conspiracy and computer fraud. The indictment claims jurisdiction with the California court based on the location of MySpace’s headquarters. On June 12. 2008, Drew pleaded not guilty. In August, the Electronic Frontier Foundation submitted a brief seeking dismissal of the case, arguing that the prosecution is misapplying a federal computer fraud statute.
In late November a jury convicted Drew of three misdemeanor charges of accessing MySpace’s computers without authorization in order to obtain information about the 13-year-old, acquitted her of three felony charges of unauthorized access to MySpace's servers in order to cause emotional distress, and reached a deadlock on one felony charge of conspiracy (which was dismissed at request of the prosecutor).
In July 2009, the judge threw out the convictions in a preliminary ruling on post-trial motions, with a written decision forthcoming.
The prosecutor filed a notice of appeal in late September 2009, but requires approval from U.S. Solicitor General Elena Kagan before the appeal proceeds.
Links and Court Documents:
No charges to be filed over Meier suicide Prosecutor says MySpace hoax doesn't cross criminal threshold (St. Charles, Mo. Journal, Dec. 3, 2007)
A Hoax Turned Fatal Draws Anger but No Charges (New York Times, Nov. 28, 2007)
L.A. grand jury issues subpoenas in Web suicide case (Los Angeles Times, Jan. 9, 2008)
Woman pleads innocent in Myspace hoax suicide case (Reuters, June 16, 2008)
EFF urges judge to dismiss MySpace case (CNet News, Aug. 4, 2008)
Govt: Cyberbullying is a New Phenomenon, as is Social Networking (Wall Street Journal Law Blog, Aug. 13, 2008)
Judge tentatively refuses to dismiss Internet case (Associated Press, Sept. 4, 2008)
Judge Throws Out Conviction in Cyberbullying Case (New York Times, July 2, 2009)
Prosecutor Dismisses Felony Charge In MySpace Case (Online Media Daily, Jan. 2, 2009)
Drew Case May Go To Higher Court (Online Media Daily, Sept. 28, 2009)
Prosecutors Drop Plans to Appeal Lori Drew Case (Wired "Threat Level" blog, Nov. 20, 2009).
>> EFF amicus brief
Status: conviction on three misdemeanor charges, acquittal on three of the felony charges, hung jury on one felony charge (C.D. Cal. Nov. 30, 2008); felony charge dismissed (Dec. 31, 2008); convictions rev'd on post-trial motions (preliminary ruling July 2, 2009).
Lori Drew created a fake MySpace page as part of scheme to find out how a particular 13-year-old girl felt about the woman’s daughter. She posed as a boy who flirted online with Megan Meier for a month. Then another girl who had a password to the account began sending nasty e-mails to Megan, and sent an e-mail breaking off the apparent relationship. Megan then committed suicide.
In early December 2007, St. Charles County prosecuting attorney Jack Banas announced that there was insufficient evidence to file harassment, stalking or child endangerment charges against Drew. Federal prosecutors in Missouri also said there was no basis for prosecution.
But in May 2008 a federal grand jury in California issued an indictment for conspiracy and computer fraud. The indictment claims jurisdiction with the California court based on the location of MySpace’s headquarters. On June 12. 2008, Drew pleaded not guilty. In August, the Electronic Frontier Foundation submitted a brief seeking dismissal of the case, arguing that the prosecution is misapplying a federal computer fraud statute.
In late November a jury convicted Drew of three misdemeanor charges of accessing MySpace’s computers without authorization in order to obtain information about the 13-year-old, acquitted her of three felony charges of unauthorized access to MySpace's servers in order to cause emotional distress, and reached a deadlock on one felony charge of conspiracy (which was dismissed at request of the prosecutor).
In July 2009, the judge threw out the convictions in a preliminary ruling on post-trial motions, with a written decision forthcoming.
The prosecutor filed a notice of appeal in late September 2009, but requires approval from U.S. Solicitor General Elena Kagan before the appeal proceeds.
Links and Court Documents:
No charges to be filed over Meier suicide Prosecutor says MySpace hoax doesn't cross criminal threshold (St. Charles, Mo. Journal, Dec. 3, 2007)
A Hoax Turned Fatal Draws Anger but No Charges (New York Times, Nov. 28, 2007)
L.A. grand jury issues subpoenas in Web suicide case (Los Angeles Times, Jan. 9, 2008)
Woman pleads innocent in Myspace hoax suicide case (Reuters, June 16, 2008)
EFF urges judge to dismiss MySpace case (CNet News, Aug. 4, 2008)
Govt: Cyberbullying is a New Phenomenon, as is Social Networking (Wall Street Journal Law Blog, Aug. 13, 2008)
Judge tentatively refuses to dismiss Internet case (Associated Press, Sept. 4, 2008)
Judge Throws Out Conviction in Cyberbullying Case (New York Times, July 2, 2009)
Prosecutor Dismisses Felony Charge In MySpace Case (Online Media Daily, Jan. 2, 2009)
Drew Case May Go To Higher Court (Online Media Daily, Sept. 28, 2009)
Prosecutors Drop Plans to Appeal Lori Drew Case (Wired "Threat Level" blog, Nov. 20, 2009).
>> EFF amicus brief
Brain Research Labs v. Clark, No. CGC-09-491932 (Cal. Super., San Fransisco County filed Aug. 27, 2009).
Status: Special motion to strike pending.
After filing a class action lawsuit against the makers of dietary supplement Procera AVH, the law firm Ropers, Majeski, Kohn & Bentley posted a video on YouTube titled "Beware of false claims made by a so-called dietary supplement Procera AVH," featuring partner Thomas Clarke Jr. warning of alleged dangers of the supplement.
Procera AVH maker Brain Research Labs then sued Clarke and the firm for libel over statements in the video. The defendants responded with a special motion to strike the lawsuit under California's anti-SLAPP statute. The court heard argument on the motion on Nov. 20.
Links and Court Documents:
Class Action Target Sues Law Firm for Defamation (The Recorder, Nov. 23, 2009)
>> YouTube video
>> Complaint
Status: Special motion to strike pending.
After filing a class action lawsuit against the makers of dietary supplement Procera AVH, the law firm Ropers, Majeski, Kohn & Bentley posted a video on YouTube titled "Beware of false claims made by a so-called dietary supplement Procera AVH," featuring partner Thomas Clarke Jr. warning of alleged dangers of the supplement.
Procera AVH maker Brain Research Labs then sued Clarke and the firm for libel over statements in the video. The defendants responded with a special motion to strike the lawsuit under California's anti-SLAPP statute. The court heard argument on the motion on Nov. 20.
Links and Court Documents:
Class Action Target Sues Law Firm for Defamation (The Recorder, Nov. 23, 2009)
>> YouTube video
>> Complaint
So Act Network v. Twitter, No. _____ (Ill. Cir. Ct., Cook County filed Nov. 16, 2009).
Status: Pending.
Social Action Network, operator of the social networking site SoAct!, filed a petition for pre-suit discovery naming Twitter, on order to obtain information to identify a tweeter who, using the pseudonym bobandscott, it alleges is sending defamatory messages about the company. (The tweets also appear on the Bob and Scott website.) According to the suit, the offending comments allege that So Act Network is involved in various financial frauds and stock manipulation.
Links and Court Documents:
SoAct wants Twitter to identify the users defaming it (Chicago Bar-Tender blog, Nov. 19, 2009).
>> Petition for pre-suit discovery
Status: Pending.
Social Action Network, operator of the social networking site SoAct!, filed a petition for pre-suit discovery naming Twitter, on order to obtain information to identify a tweeter who, using the pseudonym bobandscott, it alleges is sending defamatory messages about the company. (The tweets also appear on the Bob and Scott website.) According to the suit, the offending comments allege that So Act Network is involved in various financial frauds and stock manipulation.
Links and Court Documents:
SoAct wants Twitter to identify the users defaming it (Chicago Bar-Tender blog, Nov. 19, 2009).
>> Petition for pre-suit discovery
Robinson v. Albero, No. 0203SP009122009 (Md. Cir. Ct., Wicomico County filed Nov. 17, 2009)
Status: Pending
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed a civil suit against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The suit was filed one week after Robinson sued to obtain a peace order against Albero.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Status: Pending
The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed a civil suit against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com). The suit was filed one week after Robinson sued to obtain a peace order against Albero.
Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Leeds v. Karlsruher, No. 2009-5018 (Tex. County Ct., El Paso County filed Nov. 16, 2009).
Status: Pending.
El Paso County ethics commission char Stuart Leeds sued blogger David Karlsruher over a Nov. 11, 2009 posting on his Refuse the Juice blog alleging that Leeds was "in such a hurry to get his committee all rigged up and ready to go" because "if he doesn't hurry up and get everything squared away, he and his buddies won't be ready to start the witch hunt before election season."
Links and Court Documents:
Ethics panel chairman sues over online column (El Paso Times, Nov. 18, 2009).
>> Court docket
Status: Pending.
El Paso County ethics commission char Stuart Leeds sued blogger David Karlsruher over a Nov. 11, 2009 posting on his Refuse the Juice blog alleging that Leeds was "in such a hurry to get his committee all rigged up and ready to go" because "if he doesn't hurry up and get everything squared away, he and his buddies won't be ready to start the witch hunt before election season."
Links and Court Documents:
Ethics panel chairman sues over online column (El Paso Times, Nov. 18, 2009).
>> Court docket
Levinson Axelrod, P.A. v. Edward Heyburn, P.C., No. 3:09-cv-05627-FLW-LHG (D. N.J. filed Nov. 5, 2009).
Status: Pending.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending. On Nov. 9, the federal judge recused herself, because her husband has served as an arbitrator for the firm.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Status: Pending.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending. On Nov. 9, the federal judge recused herself, because her husband has served as an arbitrator for the firm.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Firm Sues Fired Associate Who Launched Firm Gripe Site (New Jersey Law Journal, Nov. 10, 2009)
Law Firm & Ex-Associate Litigate Badmouth Blog Battle in State & Federal Court (ABA Journal, Nov. 10, 2009
Federal Judge Recuses from Suit Over Faux Firm Gripe Site (New Jersey Law Journal, Nov. 16, 2009)
Federal Judge Recuses from Suit Over Faux Firm Gripe Site (New Jersey Law Journal, Nov. 16, 2009)
Levinson Axelrod, P.A. v. Edward Heyburn, P.C., No. MID-L-000220-09 (N.J. Super. filed Nov. 5, 2009).
Status: Removed to federal court.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Status: Removed to federal court.
A New Jersey law firm sued a former associate in New Jersey state court over his blog lambasting the firm. He removed the case to federal court, where the case is pending.
Links and Court Documents:
Fired Associate Launches Mimic Site to Trash-Talk Firm (New Jersey Law Journal, Nov. 2, 2009)
Firm Sues Fired Associate Who Launched Firm Gripe Site (New Jersey Law Journal, Nov. 10, 2009)
Law Firm & Ex-Associate Litigate Badmouth Blog Battle in State & Federal Court (ABA Journal, Nov. 10, 2009
Butler University v. Doe(?), No. _____ (Ind. Cir. Ct.? 2009).
Status: Withdrawn.
In January 2009, Butler University sued a blogger using the pseudonym "Soodo Nym," for posted comments disparaging two university administrators.
The university says that by subpoenaing Google to identify the user of a Gmail account, in June 2009 it determined that the blogger was Butler student Jess Zimmerman. Zimmerman, who has admitted writing the blog, claims that the university determined his identity earlier, by monitorins his campus e-mail account.
Zimmerman's parents both work for the university, and the blog criticized what it alleged was disparate and unfair treatment of the school's employees. "Soodo Nym"also sent an e-mail to the administrators that school officials characterized as a threat.
The university dropped the suit in October, but said that the matter would be handled internally.
Meanwhile, Zimmerman has started the "I am 'John Doe'" blog to publicize this case.
Links and Court Documents:
University's Libel Suit Highlights Growing Online Dilemma (The Indy Channel, Oct. 13, 2009)
Butler president defends school's choice to file lawsuit against blogger (Student Press Law Center, Oct. 16, 2009)
University Sues Student Blogger (Inside High Ed, Oct. 16, 2009)
Lawsuit dropped in Butler blogger case (Indianapolis Star, Oct. 27, 2009)
Butler drops libel lawsuit against student blogger (Student Press Law Center, Oct. 30, 2009)
Status: Withdrawn.
In January 2009, Butler University sued a blogger using the pseudonym "Soodo Nym," for posted comments disparaging two university administrators.
The university says that by subpoenaing Google to identify the user of a Gmail account, in June 2009 it determined that the blogger was Butler student Jess Zimmerman. Zimmerman, who has admitted writing the blog, claims that the university determined his identity earlier, by monitorins his campus e-mail account.
Zimmerman's parents both work for the university, and the blog criticized what it alleged was disparate and unfair treatment of the school's employees. "Soodo Nym"also sent an e-mail to the administrators that school officials characterized as a threat.
The university dropped the suit in October, but said that the matter would be handled internally.
Meanwhile, Zimmerman has started the "I am 'John Doe'" blog to publicize this case.
Links and Court Documents:
University's Libel Suit Highlights Growing Online Dilemma (The Indy Channel, Oct. 13, 2009)
Butler president defends school's choice to file lawsuit against blogger (Student Press Law Center, Oct. 16, 2009)
University Sues Student Blogger (Inside High Ed, Oct. 16, 2009)
Lawsuit dropped in Butler blogger case (Indianapolis Star, Oct. 27, 2009)
Butler drops libel lawsuit against student blogger (Student Press Law Center, Oct. 30, 2009)
Jones v. Minkin, Civil No. 09-23256 (S.D. Fla. filed Oct. 27, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Status: Withdrawn.
On Aug. 22, 2007, University of Miami School of Law professor Donald Jones was arrested for allegedly offering an undercover officer $20 for sex, a charge that he plead not guilty to and was eventually dropped and expunged. The "Above the Law" blog, however, reported on the arrest on Oct. 17, 2007, with follow-up posts the next day, Oct. 27 (noting a Miami Herald story on the arrest) and Oct. 29. In October 2009, Jones sued the owner of the blog, along with its publisher and managing editor, making claims of false light, invasion of privacy, and copyright (for photos of Jones posted on the blog). He dropped the suit n earl November.
Links and Court Documents:
Complaint
Lawsuit of the Day: Jones v. Minkin (Above the Law blog, Nov. 3, 2009).
Law Professor Sues Above the Law Blog, Alleging 'Viciously Racist Series of Rants' (National Law Journal, Nov. 3, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Professor withdraws lawsuit against 'Above the Law' (National Law Journal, Nov. 5, 2009)
Saadi v. Maroun, No. 07-CV-01976 (M.D. Fla. filed Oct. 31, 2007).
Status: $90,000 verdict for plaintiff.
Lawyer Edward T. Saadi filed a complaint against his cousin Pierre Maroun, Hala Fakhre Maroun, and several anonymous defendants based on blog and forum postings that alleged that Saadi consorted with terrorists, diverted funds from a non-profit to support terrorism, hadn't gone to law school and had a teenage girlfriend. Later Saadi added Maroun’s International, LLC as a defendant.
A motion to dismiss the claims of defamation was denied on court findings that the statements were held out as factual, and not as opinions. Hala Maroun was subsequently dropped from the lawsuit. A defense motion for summary judgment was denied, and the case proceeded to trial.
After a three-day trial, the court dismissed the claims against Maroun's International. The jury then found for Saadi and awarded $90,000: $30,000 in compensatory damages, and $60,000 in punitive damages.
The defendant has filed a post-trial motion for judgment notwithstanding the verdict, or a new trial.
Links and Court Documents:
Case Information (Citizen Media Law Project)
Opposition to Motion to Dismiss (filed Mar. 30, 2008)
Judgment (filed Oct. 2, 2009)
Status: $90,000 verdict for plaintiff.
Lawyer Edward T. Saadi filed a complaint against his cousin Pierre Maroun, Hala Fakhre Maroun, and several anonymous defendants based on blog and forum postings that alleged that Saadi consorted with terrorists, diverted funds from a non-profit to support terrorism, hadn't gone to law school and had a teenage girlfriend. Later Saadi added Maroun’s International, LLC as a defendant.
A motion to dismiss the claims of defamation was denied on court findings that the statements were held out as factual, and not as opinions. Hala Maroun was subsequently dropped from the lawsuit. A defense motion for summary judgment was denied, and the case proceeded to trial.
After a three-day trial, the court dismissed the claims against Maroun's International. The jury then found for Saadi and awarded $90,000: $30,000 in compensatory damages, and $60,000 in punitive damages.
The defendant has filed a post-trial motion for judgment notwithstanding the verdict, or a new trial.
Links and Court Documents:
Case Information (Citizen Media Law Project)
Opposition to Motion to Dismiss (filed Mar. 30, 2008)
Judgment (filed Oct. 2, 2009)
Simorangkir v. Love, No. BC410593 (Cal. Super. filed March 26, 2009).
Status: Pending
Clothing designer Dawn Simorangkir sued singer Courtney Love for postings on Love’s blog (http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=165705423) and Twitter account disparaging Simorangkir, from whom she expressed an interest in buying clothing, after they had a falling out.
Love responded in August 2009 with a motion to dismiss under California's anti-SLAPP law, which was denied in October.
Links and Case Documents:
Designer sues Courtney Love over web rants (Malaysian Insider, March 28, 2009)
Courtney Love's Crazy MySpace Posts Earn Her a Lawsuit (Cleveland Leader, March 29, 2009)
Love Loses Bid to Throw Out Defamation Case (Contact Music, Oct. 27, 2009)
Judge Allows Twitter-Libel Suit Against Rocker Love (On Point News, Oct. 27. 2009)
Complaint
Special motion to dismiss (anti-SLAPP motion)
Status: Pending
Clothing designer Dawn Simorangkir sued singer Courtney Love for postings on Love’s blog (http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=165705423) and Twitter account disparaging Simorangkir, from whom she expressed an interest in buying clothing, after they had a falling out.
Love responded in August 2009 with a motion to dismiss under California's anti-SLAPP law, which was denied in October.
Links and Case Documents:
Designer sues Courtney Love over web rants (Malaysian Insider, March 28, 2009)
Courtney Love's Crazy MySpace Posts Earn Her a Lawsuit (Cleveland Leader, March 29, 2009)
Love Loses Bid to Throw Out Defamation Case (Contact Music, Oct. 27, 2009)
Judge Allows Twitter-Libel Suit Against Rocker Love (On Point News, Oct. 27. 2009)
Complaint
Special motion to dismiss (anti-SLAPP motion)
Salisbury v. Gawker Media LLC, No. 2009-60340-393 (Tex. Dist. Ct. file Oct. 16, 2009).
Status: Pending.
Former NFL quarterback, ESPN analyst and Dallas sports radio host Sean Salisbury sued Gawker Media over various posts on the company's Deadspin.com sports blog which he alleges led to him being fired from his media jobs and have prevented him from finding new employment.
The suit revolves around several postings to the blog from 2007 through 2009 alleging that Salisbury acted inappropriately towards female co-workers. While many of the posts attributed these allegations and linked to other sources, Salisbury's attorney told the McKinney (Tex.) Courier-Gazette that his client targeted the Deadspin blog because of its "concerted" efforts.
Case Information and Documents:
Docket
Former ESPN, radio sports analyst files lawsuit against Gawker Media in Denton County (McKinney (Tex.) Courier-Gazette, Oct. 23, 2009)
Sean Salisbury sues Deadspin (NBC Sports (Pro Football Talk), Oct. 23, 2009)
And Now There's This: Sean Salisbury Really Is Suing Us (Deadspin.com, Oct. 23, 2009)
Status: Pending.
Former NFL quarterback, ESPN analyst and Dallas sports radio host Sean Salisbury sued Gawker Media over various posts on the company's Deadspin.com sports blog which he alleges led to him being fired from his media jobs and have prevented him from finding new employment.
The suit revolves around several postings to the blog from 2007 through 2009 alleging that Salisbury acted inappropriately towards female co-workers. While many of the posts attributed these allegations and linked to other sources, Salisbury's attorney told the McKinney (Tex.) Courier-Gazette that his client targeted the Deadspin blog because of its "concerted" efforts.
Case Information and Documents:
Docket
Former ESPN, radio sports analyst files lawsuit against Gawker Media in Denton County (McKinney (Tex.) Courier-Gazette, Oct. 23, 2009)
Sean Salisbury sues Deadspin (NBC Sports (Pro Football Talk), Oct. 23, 2009)
And Now There's This: Sean Salisbury Really Is Suing Us (Deadspin.com, Oct. 23, 2009)
Swartz v. Does, No. 08C431 (Tenn. Dist. Ct., Davidson County filed Feb. 11, 2008).
Status: Court ruled to identify anonymous posters (Oct. 8, 2009).
Donald and Terry Keller Swartz sued the anonymous blogger behind the Stop Swartz blog, which criticized the couple and solicited similar comments from readers, for libel and invasion of privacy. The Swatrzes subpeoned Google to learn the identity of the blogger, and in October 2009 the court denied the blogger's motion to quash the subpoena.
Links and Court Documents:
Swartz v. Does (Citizen Media Law Project)
Swartz v. Does: Tennessee Court Says Couple Entitled to Unmask Anonymous Blogger (Citizen Media Law Project)
Nashville couple sues blog, claims defamation (Nashville Tennessean)
Status: Court ruled to identify anonymous posters (Oct. 8, 2009).
Donald and Terry Keller Swartz sued the anonymous blogger behind the Stop Swartz blog, which criticized the couple and solicited similar comments from readers, for libel and invasion of privacy. The Swatrzes subpeoned Google to learn the identity of the blogger, and in October 2009 the court denied the blogger's motion to quash the subpoena.
Links and Court Documents:
Swartz v. Does (Citizen Media Law Project)
Swartz v. Does: Tennessee Court Says Couple Entitled to Unmask Anonymous Blogger (Citizen Media Law Project)
Nashville couple sues blog, claims defamation (Nashville Tennessean)
Finkel v. Facebook, No. 102578-2009 (N.Y. Sup. Ct. filed Feb. 16, 2009).
Status: Claims against Facebook dismissed (Sept. 15, 2009); claims against other defendants pending
Recent high school graduate Denise Finkel sued several classmates and their parents over postings to a private Facebook group, "90 Cents Short of a Dollar." Finkel also sued Facebook, claiming that its asserted ownership of material posted to its site in the site's terms of use made it publisher of the material that was not immune from liability under section 230 of the Communications Decency Act.
On Sept. 15, 2009, New York Supreme Court Justice Debra James dismissed the claims against Facebook, rejecting the plaintiff's argument that section 230 did not apply.
Links and Court Documents:
Finkel v. Facebook (Citizen Media Law Project)
Finkel v. Facebook: Court Rejects Defamation Claim Against Facebook Premised on "Ownership" of User Content (Citizen Media Law Project blog, Oct. 21, 2009)
Oceanside teen sues Facebook, ex-classmates for $3M (Newsday, March 2, 2009)
Status: Claims against Facebook dismissed (Sept. 15, 2009); claims against other defendants pending
Recent high school graduate Denise Finkel sued several classmates and their parents over postings to a private Facebook group, "90 Cents Short of a Dollar." Finkel also sued Facebook, claiming that its asserted ownership of material posted to its site in the site's terms of use made it publisher of the material that was not immune from liability under section 230 of the Communications Decency Act.
On Sept. 15, 2009, New York Supreme Court Justice Debra James dismissed the claims against Facebook, rejecting the plaintiff's argument that section 230 did not apply.
Links and Court Documents:
Finkel v. Facebook (Citizen Media Law Project)
Finkel v. Facebook: Court Rejects Defamation Claim Against Facebook Premised on "Ownership" of User Content (Citizen Media Law Project blog, Oct. 21, 2009)
Oceanside teen sues Facebook, ex-classmates for $3M (Newsday, March 2, 2009)
Universal Music Group v. Lindor, Civil No. 05-1095 (E.D.N.Y. motion filed Sept. 2008).
Status: Sanctions motion denied
In the course of a long-running, acrimonious case alleging that Brooklyn home health aide Marie Lindor had downloaded various copyrighted songs from the Kazaa pirate music website, in September 2008 the plaintiffs moved for dismissal, arguing that much of the evidence in the case had been destroyed. Plaintiffs also sought sanctions against the defendant and her attorney, Ray Beckerman: although the sanctions were primarily for the alleged evidence destruction and alleged evasive statements in court papers by the defendant and Beckerman, the motion also cited comments on Beckerman's "Recording Industry vs. The People" blog.
The motion was referred to a magistrate judge, who recommended denial the motion in an Oct. 9, 2009 ruling.
Case Information and Links:
Magistrate denies RIAA motion for discovery sanctions in UMG v Lindor
Request To Sanction Attorney-Blogger Rejected
Status: Sanctions motion denied
In the course of a long-running, acrimonious case alleging that Brooklyn home health aide Marie Lindor had downloaded various copyrighted songs from the Kazaa pirate music website, in September 2008 the plaintiffs moved for dismissal, arguing that much of the evidence in the case had been destroyed. Plaintiffs also sought sanctions against the defendant and her attorney, Ray Beckerman: although the sanctions were primarily for the alleged evidence destruction and alleged evasive statements in court papers by the defendant and Beckerman, the motion also cited comments on Beckerman's "Recording Industry vs. The People" blog.
The motion was referred to a magistrate judge, who recommended denial the motion in an Oct. 9, 2009 ruling.
Case Information and Links:
Magistrate denies RIAA motion for discovery sanctions in UMG v Lindor
Request To Sanction Attorney-Blogger Rejected
Macias v. Rivera, No. ____ (Iowa Dist. Ct. filed Oct. 2009).
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
Status: Pending.
The owner of a television program aimed at Hispanics sued the creator of a soon-to-be-launched competing program for statements on his blog in advance of the show. The parties were originally going to produce the existing show together, but then had a falling out.
The statements at issue were posted on the "Calle Virtual" blog under the headline, "When Your Idea is Stolen."
Spanish-language TV shows involved in court battle
MSG Holdings v. Cityfile, Inc., No. ______ (N.Y. Supreme Court filed July 2009).
Status: Settled.
MSG Holdings, which owns and schedules events at Radio City Music Hall in New York City, sued the Cityfile group blog site (cityfile.com) for a posting reporting that MSG was considering canceling Radio City's annual Christmas Spectacular, which has run for more than 75 years.
Before suing, MSG refuted the article in a comment posted to the site.
In September the parties settled, and the site posted a correction.
Links and Court Documents:
MSG SUIT: SITE SCROOGED US
'Spectacular' suit settled
Status: Settled.
MSG Holdings, which owns and schedules events at Radio City Music Hall in New York City, sued the Cityfile group blog site (cityfile.com) for a posting reporting that MSG was considering canceling Radio City's annual Christmas Spectacular, which has run for more than 75 years.
Before suing, MSG refuted the article in a comment posted to the site.
In September the parties settled, and the site posted a correction.
Links and Court Documents:
MSG SUIT: SITE SCROOGED US
'Spectacular' suit settled
Low and Tritt v. Pizza Kitchen, No. ____ (Tenn. Cir. Ct. filed Sept. 1, 2009).
Status: Pending.
Marketing company Low and Tritt sued the Pizza Kitchen restaurant in Knoxville over postings disparging the company on the restaurant's Twitter feed and Facebook page.
The messages at issue included, according to the suit, "Don't EVER use Lowandtritt marketing firm," and "Crooks - stolen email list and have tried to pressure me by threat of lawsuit to sign a license agreement to use their marketing materials."
In addition to the defamation claim, Low and Tritt is also suing for breach of contract and unpaid fees.
Links and Court Documents:
The Pizza Kitchen faces social media libel lawsuit
Facebook posts lead to $2M suit
Facebook posts by Knoxville restaurant owner lead to $2M lawsuit
Local restaurant owner facing $2 million libel lawsuit for online posts
Status: Pending.
Marketing company Low and Tritt sued the Pizza Kitchen restaurant in Knoxville over postings disparging the company on the restaurant's Twitter feed and Facebook page.
The messages at issue included, according to the suit, "Don't EVER use Lowandtritt marketing firm," and "Crooks - stolen email list and have tried to pressure me by threat of lawsuit to sign a license agreement to use their marketing materials."
In addition to the defamation claim, Low and Tritt is also suing for breach of contract and unpaid fees.
Links and Court Documents:
The Pizza Kitchen faces social media libel lawsuit
Facebook posts lead to $2M suit
Facebook posts by Knoxville restaurant owner lead to $2M lawsuit
Local restaurant owner facing $2 million libel lawsuit for online posts
Doninger v. Niehoff, No. HHB-CV-07-4014735-S (
Doninger v. Niehoff, Civil No. 07-01129 (D.
Status: Denial of preliminary injunction upheld; defense motion for summary judgment granted in part; appeal pending.
A high school student and her mother sued the principal of her daughter’s school and the superintendent of her school district after they barred the student from running for re-election as student secretary after she posted complaints to her blog about a student-planned concert that was canceled by school administrators.
The state case was moved to federal court in late July 2007. On Aug. 31, 2007, the federal trial court denied a preliminary injunction to force school administrators to allow the girl to run for office; the 2nd Circuit Court of Appeals affirmed this ruling on May 30, 2008. Doninger v. Dept. of Homeland Security, No. 07-CV-3885 (2d Cir. 2008).
The case then returned to the trial court, which partially granted a defense motion for summary judgment on Jan. 15, 2009, leaving only a claim alleging that the student’s speech was chilled when she was prohibited from wearing a t-shirt with a message on it at school. The student has appealed the partial grant of summary judgment.
Links and Court Documents:
Case information: http://www.citmedialaw.org/threats/doninger-v-niehoff
http://www.rep-am.com/News/438521.txt
http://www.ctcentral.com/site/news.cfm?newsid=18616270&BRD=1643&PAG=461&dept_id=10486&rfi=6
http://www.nbc30.com/news/13385544/detail.html
http://region19.blogspot.com/2008_05_01_archive.html
http://www.nhregister.com/articles/2008/11/13/news/a3-db.txt
State complaint: http://mirandamagazine.com/joomla/images//donninger%20lawsuit.pdf
State docket: http://civilinquiry.jud.ct.gov/DispDetail.asp?DocNum=HHB-CV-07-4014735-S
Federal district court decision denying injunction: http://www.splc.org/pdf/doningerdenial.pdf
Appellate decision affirming denial of injunction: http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA3LTM4ODUgLWN2X29wbi5wZGY=/07-3885%20-cv_opn.pdf
Doe v. R.C., No. ___ (Ill. Cir. Ct., Cook County filed Sept. 24, 2009).
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Salon Professional Academy v. Blacconiere, No. 2009L000465 (Ill. Cir. Ct., Kane County filed July 27, 2009).
Status: Pending.
The Salon Professional Academy, a cosmetology school in Elgin, Ill., sued Nicholas Blacconiere and a John Doe for comments on a Facebook page disparaging the school and its teachers.
Blacconiere created the page and solicited comments about the school, and posted some himself. The anonymous commenter "John Doe" posted other comments.
Case Information and Documents:
http://www.citmedialaw.org/threats/salon-professional-academy-v-blacconiere
http://www.dailyherald.com/story/?id=310962
http://writ.news.findlaw.com/commentary/20090925_hodes.html
Status: Pending.
The Salon Professional Academy, a cosmetology school in Elgin, Ill., sued Nicholas Blacconiere and a John Doe for comments on a Facebook page disparaging the school and its teachers.
Blacconiere created the page and solicited comments about the school, and posted some himself. The anonymous commenter "John Doe" posted other comments.
Case Information and Documents:
http://www.citmedialaw.org/threats/salon-professional-academy-v-blacconiere
http://www.dailyherald.com/story/?id=310962
http://writ.news.findlaw.com/commentary/20090925_hodes.html
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