This list, maintained by the MLRC Institute, lists incidences in the United States in which online speech is threatened, whether through libel suits, criminal investigations, or other means. If you know of something we missed, please let us know. For more details on this list, see “Notes and Sources” below.
Bobolas v. Does 1-100
D. Ariz.: Blog Host Can't Be Bound by TRO for User Posts
Eric Goldman
This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas. Bobolas seeks a TRO against both the blog authors [Does] and against non-party GoDaddy, which appears to host the blog and act as its domain name registrar. . . The court rejects the TRO against the US Does, saying that Bobolas hasn't been able to show that the allegedly defamatory posts were made by them and did not provide enough evidence to support that the published statements were actionable defamatory (as opposed to non-actionable opinions or lacking the requisite scienter). The court also rejects a request to shut down the blog entirely, properly noting that doing so would be an impermissible prior restraint.
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA5OA/index.html
--Opinion: Bobolas v. Does 1-100
http://mlrc.informz.net/z/cjUucD9taT0xMDY0OTIwJnA9MSZ1PTAmbGk9NDM1NzA5OQ/index.html
New Wank Plan - Legal Threat Demands TechDirt Shuts Down
Slyk.com
Apparently, a community member published an anti-Semitic post directed towards a Mr. Jeffrey Morris, who then stuck his lawyers on Tech Dirt. Did they ask to remove the offending post? Perhaps the offending thread? Nope - they demanded that the entire site be taken offline. All of it.
http://www.slyck.com/story2034_New_Wank_Plan_Legal_Threat_Demands_TechDirt_Shuts_Down
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:
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.
Update (8.23.2010)
Terrorists, FBI can't sink Blogetery
CNET
The service was shut down last month by its Web host after FBI agents alleged the terrorist group al-Qaeda was using the platform to distribute recruiting materials, bomb-making tips, and the names of people targeted by the organization for assassination ... Against all the odds, the Toronto resident brought Blogetery back.
http://news.cnet.com/8301-31001_3-20014357-261.html?tag=topTechContentWrap;editorPicks
Global Wildlife Center v. Hammond Action News, No. 2010-0000866 (La. Dist. Ct., filed ___ 2010)
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
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
Save-A-Life Foundation v. Baratz, No. 2007-CH-12022 (
Save-A-Life Foundation, Inc. v. Heimlich et al, No. 1:08-cv-06022 (N.D.
Status: Withdrawn
The Chicago-based foundation Save-A-Life Foundation, which teaches and promotes the use of the “Heimlich maneuver” has sued three critics of the first aid procedure and its creator, Dr. Henry Heimlich. Among the critics named in the suit is Jason Harp, who maintains the “Cincinnati Beacon” blog (www.cincinnatibeacon.com), and Peter Heimlich, Henry Heimlich’s son, who maintains his own website (http://medfraud.info/). The foundation is also seeking an injunction against the critics’ comments. In its amended complaint, the foundation added American Broadcasting Company, WLS-TV in Chicago, and WLS reporter Chuck Goudie as defendants over two WLS-TV stories on the controversy. In January 2009, the case was moved to federal court.
In July 2009, the plaintiff voluntarily withdrew the case.
Links and Court Documents:
http://www.citmedialaw.org/save-life-foundation-v-baratz
Amended complaint: http://www.citmedialaw.org/sites/citmedialaw.org/files/2007-11-15-Save-A-Life%20Amended%20Complaint.pdf
State court docket: https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?SearchType=2&Database=3&NCase=&CDate=&PLtype=1&sname=Save-A-Life
Status: $129,794 default verdict for plaintiff
Melissa Duer, owner of the historic Staley Mill northeast of Dayton, Ohio, sued over statements in the book "Weird Ohio" and the Forgotten Ohio website (http://www.forgottenoh.com/) that the mill was haunted. In her suit, Duer said that the claims had put her and her family in a false light and intentionally caused them emotional distress. Duer also claimed that the statements led to people trespassing on the property, requiring her to get a guard dog and hire private security. The court dismissed the claims over the book, which Duer said she would appeal. But the owner of the website, Andrew Henderson, did not appear and a default judgment was entered. In addition to the award, which included expenses Duer alleged for security, alleged diminished value of the property, and attorney fees and litigation costs, the court also ordered Henderson to remove references to the mill from his site, and barred him from posting such references on any other website.
On Dec. 23, an appellate court in Ohio found that the trial court correctly found that no genuine issue of material fact existed as to Duer's claim for trespass to land. 2009 WL 4985475.
Links and Court Documents:
http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/19/ddn031909hauntedsuitweb.html
http://www.daytondailynews.com/news/dayton-news/website-ordered-to-pay-125000-over-haunted-mill-claim-83396.html
http://www.themoneytimes.com/20090417/woman-wins-haunted-mill-lawsuit-id-1064179.html
Denner v. Gillenwater, No. 05-5469 (
Status: Temporary restraining order issued (Oct. 10, 2008).
Derrick Gillenwater sued lawyers Jeffrey Denner and Kevin Barron for malpractice, and began blogging about the case at his blog (jeffreydenner.blogspot.com, now defunct). The attorneys then sought a temporary restraining order against Gillenwater’s blogging, which the court granted on Oct. 10, 2008. Gillenwater continued to post to the blog, and on Oct. 21 another judge held that he had violated the restraining order by continuing to publish the blog, replacing the name “Jeffrey Denner" with "Geoffrey Dinnir." Meanwhile, another blog – the “Jeffrey Denner's ineffective assistance of counsel” blog (dennerlaw.blogspot.com) – appeared. Denner sent a copy of the court order to Google, which shut down the blog on Dec. 1. But the site was restored after the pseudonymous blogger behind the site, "Boston Bob," told Google that he was not Gillenwater.
Links and Court Documents:
Case information: http://www.citmedialaw.org/threats/denner-v-gillenwater
Restraining order: http://www.keepandshare.com/doc/view.php?id=943151&da=
http://www.citmedialaw.org/blog/2008/mystery-blogger-caught-first-amendment-flap
Status: Dismissed at request of plaintiff.
A religious organization sued a critic, Frank Vance, for comments posted on his blog about the group and its leaders at vancetribe.blogspot.com. The religious group also sought a court order prohibiting additional postings. The organization dropped the case in late September 2006.
Links and Court Documents:
http://www.citmedialaw.org/ligonier-ministries-v-vance
http://ministrywatchman.com/wp-content/uploads/orlando_sentinel092906.html
http://www.orlandosentinel.com/news/local/seminole/orl-blog0506sep05,0,931489.story?track=rss
http://www.worldmagblog.com/blog/archives/026345.html
Complaint: http://ministrywatchman.com/wp-content/uploads/Ligonier_Ministries_v_Vance_complaint.pdf
Plaintiff’s emergency motion for ex parte hearing: http://ministrywatchman.com/wp-content/uploads/Ligonier_Ministries_vs_Vance_Ex_Parte.pdf
Johnson v. Tucker Max, No 2003 CA 004867 (
Status: Dismissed by plaintiff
Plaintiff, formerly Miss
Links and Court Documents:
http://www.citmedialaw.org/johnson-v-tucker-max
http://www.tuckermax.com/archives/entries/the_almost_banned_miss_vermont_story.phtml
http://www.tuckermax.com/archives/images/tuckernytimesweb.pdf
http://maroon.uchicago.edu/news/articles/2003/05/16/college_graduate_tuc.php
Initial complaint: http://www.tuckermax.com/images/Complaint%20for%20Injunctive%20Relief%20and%20Damages.PDF
Haberman v. Rhoad, No. 2006 DR 007754 SC (
Status: Injunction modified to specify web sites covered (Jan. 29, 2008).
Kristen Rhoad, who accuses her ex-husband Phil Haberman of abuse and of falsifying his military record, posted several statements about him on her blog, rhoadwarrior.blogspot.com (no longer active), and several other web sites and some newspapers have posted and published similar materials regarding Haberman’s alleged exaggerations of his military experience. Haberman filed a complaint alleging that the statements on Rhoad’s blog and elsewhere were cyberstalking under Florida law, and constituted domestic violence. The judge agreed, and issued a standard injunction barring Rhoad from contacting Haberman or committing any violence against him, and also ordered a psychiatric evaluation of Rhoad. In a section of the form labeled “other provisions regarding contact,” the judge handwrote into injunction the order that Rhoad to “remove, or cause to remove, all blogs, e-mails or other web-based communications to [Haberman] or third parties that refer to [Haberman], and which are posted, or caused to be posted, by [Rhoad].” Rhoad filed a motion to dissolve the injunction on jurisdictional grounds, but the motion was denied. Nevertheless, Rhoad continued to update her site, and was no effort to enforce the order against other sites. In January 2007, the judge ordered Rhoad to appear on charges of civil contempt. Although she faxed two requests for an adjournment, the hearing was held and a warrant was issued for her arrest. This led the blog to be removed. In January 2008, the court modified the order at Haberman’s request to name the specific web sites involved, which he said was necessary to have the content removed.
Links and Court Documents:
http://www.citmedialaw.org/haberman-v-rhoad
http://www.pressofatlanticcity.com/news/story/6760022p-6629130c.html
http://www.spokesmanreview.com/blogs/spot/archive.asp?postID=3994
http://sarasota.creativeloafing.com/gyrobase/Content?oid=oid%3A112941
http://sarasota.creativeloafing.com/gyrobase/Content?oid=oid%3A114918
Status: Settled, Feb. 2008 (unknown terms)
A photo agency that specializes in “paparazzi” photographs of celebrities filed suit against blogger Mario Lavandeira, who operates the perezhilton.com website, which adds satirical captions to celebrity photos, for copyright violations. Lavandeira responded to the suit by saying that his work was a parody and thus constitutes fair use. In February 2007, the court denied X17’s motion for an injunction barring Lavandeira from copying, reproducing, displaying, or distributing its photographs. In June 2007, X17 filed numerous infringement claims with the Australian company that hosts the site, leading that company to stop hosting it. The site reappeared with a new web host, and Lavandeira filed his own lawsuit, Lavandeira v. X17, Inc., BC373254 (Cal. Super.
Links and Court Documents:
http://www.citmedialaw.org/x17-inc-v-lavandeira
http://www.latimes.com/news/printedition/la-et-bloggers17dec17,1,5731843.story
http://ww.tmz.com/2007/03/09/perez-hilton-evens-score-in-paparazzi-lawsuit/
http://www.hollywoodreporteresq.com/thresq/litigation/article_display.jsp?vnu_content_id=1003604057
http://reporter.blogs.com/thresq/2008/02/posted-by-mat-7.html
Complaint in Lavandeira v. X17 at http://www.hollywoodreporteresq.com/thresq/photos/Lavandiera_v_X17_complaint.pdf
Violet Blue v. Burch, No. CCH-08-568060 (Burch); CCH-08-568061 (Alter) (
Status: Restraining order denied
Online sex columnist Violet Blue filed a request for a restraining order in July 2008 against David “Ben” Burch and Nina Alter. The claims followed allegedly threatening emails received by her from Burch, as well as disparaging statements made about her on numerous websites, including Burch’s blog (http://www.kickingpebbles.net/?p=108) and Wikipedia.org. The restraining order was denied on August 8, 2008, when the court concluded that the plaintiff had failed to meet her burden of proof.
Links and Court Documents:
http://www.citmedialaw.org/threats/violet-blue-v-burch
Plaintiff’s commentary: http://www.tinynibbles.com/blogarchives/2008/08/about-those-restraining-orders.html
Roe et al. v. McClellan, No. PS010050 (
Status: Injunction affirmed, B203651 (
Jack McClellan operated websites, www.stegl.org and www.stegl.info (both no longer accessible), which included photographs of clothed girls, aged three to 11, taken at public events, as well as a listing of public events at which such girls were likely to be present. The site, whose initials apparently stood for “Seattle-Tacoma-Everett Girl Love,” stated that its primary purpose was “to promote association, friendship; and legal, nonsexual, consensual touch (hugging, cuddling, etc) between men and prepubescent girls.” Previously, McClellan’s site focused on events in
Links and Court Documents:
http://news.cnet.com/8301-13578_3-10149724-38.html
http://www.volokh.com/posts/chain_1185636205.shtml
http://abclocal.go.com/kabc/story?section=news/local&id=5536136
http://www.cbsnews.com/stories/2007/07/30/earlyshow/living/parenting/main3110525.shtml
http://www.nytimes.com/2007/08/15/us/15pedophile.html
Appellate docket: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1144953&doc_no=B203651
Appellate decision: http://www.ldrc.com/RoevMcClellan.pdf
Status: Summary judgment granted to plaintiff.
In July 2004, Elisa D. Cooper discovered that internal, technical computer information available on a public web site maintained for computer maintenance purposes by her former employer, Kaiser Health Plan, included patient information. She posted a link to the data on her blog, Corporate Ethics (http://www.livejournal.com/users/corphq/), and later posted the information itself. She also filed a complaint with the federal Office of Civil Rights, which enforces the Health Insurance Portability and Accountability Act (HIPAA). That office, in turn, notified Kaiser, which sought and eventually received a preliminary injunction against Cooper’s posting of the material, arguing that her dissemination of it violated the confidentiality agreement that Cooper signed while working for the company. The California Department of Managed Health Care then ordered Cooper to remove the material -- its first action against an individual, rather than a health plan, since the agency’s founding in 2000. The agency also fined Kaiser $200,000 for posting the patient data to a publicly-accessible site. In the suit against Cooper, the court granted summary judgment to Kaiser on Dec. 19, 2005. Cooper’s appeal of this was dropped.
Links and Court Documents:
http://www.blogherald.com/2005/03/18/kaiser-permanente-sues-blogger-over-patient-information/
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/03/24/BAGFIBU2AT1.DTL
http://www.thestandard.com/internetnews/002902.php
Docket available via http://www.alameda.courts.ca.gov/domainweb/
Lochrie v. Norby, No. SCRDCVPT-07-0161960 (
Status: Restraining order denied
Christy Lochrie, a reporter for the Record Searchlight newspaper in
Links and Court Documents:
http://www.redding.com/news/2008/feb/20/blog-dispute-settled-court
Status: Temporary restraining order issued; case pending.
In Jan. 2003, Brent Hanson, who operates and posts to websites criticizing refractive surgery, filed suit in Illinois against Glenn Hagele, founder and executive director of the Council for Refractive Surgery Quality Assurance (www.usaeyes.org), a group of such surgeons. Hanson v. Hagele, No. 03M300136 (
Links and Court Documents:
http://www.citmedialaw.org/hagele-v-hanson
Complaint: http://www.glennhagele.com/brenthanson/hagele-v-brent-hanson-defamation.pdf
Answer to complaint: http://www.usaeyes.info/documents/glennhagele/lawsuits/hagele_vs_hanson_response_10.pdf
Defense motion for default judgment: http://www.citmedialaw.org/sites/citmedialaw.org/files/2006-09-18-Hagele's%20Request%20for%20Default%20Judgment.pd
E! Entertainment Television v. De Filippis, Case No. 2008-04355 (C.D. Cal. filed July 2008).
Status: Settled with preliminary injunction
The E! cable network sued the owner of the eNewsBuzz blog (www.enewsbuzz.typepad.com), claiming that the blog’s name infringed on its E! and E!News trademarks. The case was settled in Sept. 2008, with the defendant agreeing to a preliminary injunction barring use of the trademarks.
Links and Court Documents:
http://dockets.justia.com/docket/court-cacdce/case_no-2:2008cv04355/case_id-419763/
http://reporter.blogs.com/thresq/2008/07/hollywood-docke.html
Status: Non-monetary settlement
The operators of the
Links and Court Documents:
http://www.azstarnet.com/sn/fromcomments/254963.php
Case information and documents: http://www.citmedialaw.org/threats/tucson-greyhound-park-v-zoldan
Articles: http://www.endtucsongreyhoundracing.com/blog/first-amendmentlawsuit/
Polich v. Nahmod, No. CC2008-149566 (
Status: Preliminary injunction issued (Sept. 26, 2008).
Blogger David Nahmod has written extensively on his David's Open Forum blog (davidsopenforum.blogspot.com) and other sites (including Lavender Newswire) on the demise of his five-year relationship with Beecher Goodwin, which he claims was sabotaged by Kathryn Rock, who Nahmod alleges took advantage of Goodwin’s manic depression to urge Goodwin to stop being a homosexual as part of her conservative, religious agenda. The court granted a restraining order against Nahmod to stop what Rock and her husband Stephen Polich alleged was harassment by him, and upheld the order at a Sept. 25 hearing.
Links and Court Documents:
http://davidsopenforum.blogspot.com/2008/09/day-in-court.html
http://blogs.phoenixnewtimes.com/valleyfever/2008/09/despite_a_gag_order_sf_blogger.php
http://sfweekly.com/2008-08-20/news/conservative-arizona-couple-gets-judge-to-gag-gay-sf-blogger/
http://davidsopenforum.blogspot.com/2008/08/coming-soon-trip-to-north-valley.html
http://davidsopenforum.blogspot.com/2008/12/beecher-goodwin-hijacked-life.html