STATUS: The court quashes the appeals in part, vacates the order to disclose identities of commenters and remands
Pa. Super.: Court Reverses Order Unmasking Politician's Critics
MediaPost
Backing online commenters' right to anonymity, an appellate court in Pennsylvania has overturned an order requiring a Web site operator to disclose the identities of commenters who slammed a local politician.
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=142524&nid=122400
--Decision: Pilchelsky v. Gatelli
http://mlrc.informz.net/z/cjUucD9taT0xMjExNzc1JnA9MSZ1PTAmbGk9NTA2MTAyNg/index.html
Showing posts with label Public official. Show all posts
Showing posts with label Public official. Show all posts
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
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.
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)
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
Sollami v. Sheppard, No. 007550/2003 (N.Y. Sup. Ct., Orange County filed Oct. 6, 2004).
Status: Mistrial declared May 21, 2007; after jury in retrial awarded $2,400 in compensatory and $500 in punitive damages on Aug. 17, 2009, the parties reached a settlement with no monetary payment
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com. The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup.Ct.
Trial began May 15, 2007, but a mistrial was declared after Sollami’s attorney fell ill. Sollami was later ordered to pay Sheppard's attorney fees for the trial.
A retrial was held in August 2009. After a six-day trial, on Aug. 17 the jury awarded Sollami $2,400 in compensatory damages on two of the five defamation claims. The jury also erroneously awarded $500 in punitive damages: although the judge had barred punitives, the punitive damages question was mistakenly left on the verdict sheet.
After the verdict, the parties reached a stipulated settlement with no award to either side, and both waived their right to appeal.
Links and Court Documents:
http://www.citmedialaw.org/threats/sollami-v-sheppard
Appellate Division decision and order: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
http://www.recordonline.com/archive/2005/08/12/blogthis.htm
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070522/NEWS/705220323
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090816/NEWS/908160332
Status: Mistrial declared May 21, 2007; after jury in retrial awarded $2,400 in compensatory and $500 in punitive damages on Aug. 17, 2009, the parties reached a settlement with no monetary payment
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com. The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup.
Trial began May 15, 2007, but a mistrial was declared after Sollami’s attorney fell ill. Sollami was later ordered to pay Sheppard's attorney fees for the trial.
A retrial was held in August 2009. After a six-day trial, on Aug. 17 the jury awarded Sollami $2,400 in compensatory damages on two of the five defamation claims. The jury also erroneously awarded $500 in punitive damages: although the judge had barred punitives, the punitive damages question was mistakenly left on the verdict sheet.
After the verdict, the parties reached a stipulated settlement with no award to either side, and both waived their right to appeal.
Links and Court Documents:
http://www.citmedialaw.org/threats/sollami-v-sheppard
Appellate Division decision and order: http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
http://www.recordonline.com/archive/2005/08/12/blogthis.htm
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070522/NEWS/705220323
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090816/NEWS/908160332
CRIMINAL CASE: State v. Strom, No. _____ (Va. Cir. Ct. 2009).
Status: Pending.
On July 17, 2009, police arrested and jailed Elisha Strom on charges that the content of her blog, I HeArTE JADE, violates Virginia's law prohibiting publishing personal information, including name and address, of police officers "with the intent to coerce, intimidate, or harass." Va. Code § 18.2-186.4.
Strom's site contains photographs, names and addresses of members of the Jefferson Area Drug Enforcement task force, known as JADE. On the site, she claims that all the information came from public sources.
Links and Court Documents:
http://www.readthehook.com/blog/index.php/2009/07/30/hobby-or-harassment-blogger-strom-jailed-for-cop-site/
http://www.wsls.com/sls/news/local/article/bedford_co._woman_blogs_about_police_then_gets_arrested/42423/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902126.html
Status: Pending.
On July 17, 2009, police arrested and jailed Elisha Strom on charges that the content of her blog, I HeArTE JADE, violates Virginia's law prohibiting publishing personal information, including name and address, of police officers "with the intent to coerce, intimidate, or harass." Va. Code § 18.2-186.4.
Strom's site contains photographs, names and addresses of members of the Jefferson Area Drug Enforcement task force, known as JADE. On the site, she claims that all the information came from public sources.
Links and Court Documents:
http://www.readthehook.com/blog/index.php/2009/07/30/hobby-or-harassment-blogger-strom-jailed-for-cop-site/
http://www.wsls.com/sls/news/local/article/bedford_co._woman_blogs_about_police_then_gets_arrested/42423/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902126.html
Dominick v. MySpace, No. 2008L005191 (Ill. Cir. Ct., Cook Co. filed May 12, 2008)
Status: Dropped by plaintiff.
Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.
Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space
Status: Dropped by plaintiff.
Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.
Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space
Hunt v. Patten, No. 2006 CA 002857 SC (Fla. Cir. Ct., Sarasota County filed March 29, 2006).
Status: Pending.
Former Venice, Fla. city manager sued veniceflorida.com writer John Patten, alleging that Patten helped spread lies about him that led him to be fired from the Venice, Fla.position and have kept him from getting a similar job elsewhere.
Links and Court Documents:
http://www.citmedialaw.org/hunt-v-patten
http://www.venicegondolier.com/NewsArchive3/033106/tp1vn6.htm
http://www.venicegondolier.com/Newsstory.cfm?pubdate=070407&story=tp2vn5.htm&folder=NewsArchive3
http://www.veniceflorida.com/features/pleaforhelp.htm
http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20060409/COLUMNIST36/604090344/-1/COLUMNIST
Complaint: http://www.veniceflorida.com/features/pdf/HuntVsPattenComplaint.pdf
Docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchfor=2006+CA+002857+SC&tb_searchby=Case+Number&cb_search=Search
Status: Pending.
Former Venice, Fla. city manager sued veniceflorida.com writer John Patten, alleging that Patten helped spread lies about him that led him to be fired from the Venice, Fla.position and have kept him from getting a similar job elsewhere.
Links and Court Documents:
http://www.citmedialaw.org/hunt-v-patten
http://www.venicegondolier.com/NewsArchive3/033106/tp1vn6.htm
http://www.venicegondolier.com/Newsstory.cfm?pubdate=070407&story=tp2vn5.htm&folder=NewsArchive3
http://www.veniceflorida.com/features/pleaforhelp.htm
http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20060409/COLUMNIST36/604090344/-1/COLUMNIST
Complaint: http://www.veniceflorida.com/features/pdf/HuntVsPattenComplaint.pdf
Docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchfor=2006+CA+002857+SC&tb_searchby=Case+Number&cb_search=Search
Cahill v. Doe, No. 04C-011-022 (Del.
Status: Dismissed with prejudice, Doe v. Cahill, 884 A.2d 451 (Del.
After viewing negative comments posted by an anonymous commenter on the Smyrna/Clayton Issues Blog, City Councilman Patrick Cahill filed a John Doe lawsuit and obtained a court order to compel Comcast to identify the poster. On appeal the Delaware Supreme Court reversed a trial court decision that used a good faith standard to deny Doe’s request for an emergency protection order. In dismissing the case with prejudice, the Supreme Court held that before an anonymous commenter could be identified the plaintiff had to provide evidence to support each element of his claim to an extent that created triable issues of fact. This case was the first time a state’s high court had addressed the issue of the rights of an anonymous blog commenter.
Links and Court Documents:
http://www.groklaw.net/articlebasic.php?story=20051007151046741
http://www.citmedialaw.org/threats/cahill-v-doe
Appellant Brief: http://www.cyberslapp.org/documents/CahillvDoeAppBriefasfiled.pdf
Amicus Brief: http://www.scribd.com/doc/275487/00882doe-v-cahill-amicus
Order dismissing case: http://courts.delaware.gov/opinions/(idavx455jyc4ibyb1g20bb45)/download.aspx?ID=67130
Status: Dismissed with prejudice, Doe v. Cahill, 884 A.2d 451 (
After viewing negative comments posted by an anonymous commenter on the Smyrna/Clayton Issues Blog, City Councilman Patrick Cahill filed a John Doe lawsuit and obtained a court order to compel Comcast to identify the poster. On appeal the Delaware Supreme Court reversed a trial court decision that used a good faith standard to deny Doe’s request for an emergency protection order. In dismissing the case with prejudice, the Supreme Court held that before an anonymous commenter could be identified the plaintiff had to provide evidence to support each element of his claim to an extent that created triable issues of fact. This case was the first time a state’s high court had addressed the issue of the rights of an anonymous blog commenter.
Links and Court Documents:
http://www.groklaw.net/articlebasic.php?story=20051007151046741
http://www.citmedialaw.org/threats/cahill-v-doe
Appellant Brief: http://www.cyberslapp.org/documents/CahillvDoeAppBriefasfiled.pdf
Amicus Brief: http://www.scribd.com/doc/275487/00882doe-v-cahill-amicus
Order dismissing case: http://courts.delaware.gov/opinions/(idavx455jyc4ibyb1g20bb45)/download.aspx?ID=67130
Bonlender v. Ensey, No. 07-2-03942-1 (
Status: Settled (including undisclosed monetary payment) (Jan. 2009).
Yakima city councilman Ron Bonlender lost his re-relection bid in November 2007 to Rick Ensey, then sued Rick and Diane Ensey over comments on the Inside Yakima blog (www.insideyakima.com; now defunct) which he alleged led to his defeat. The parties settled in January 2009, with the Enseys paying an undisclosed cash sum and issuing a public apology.
Links and Court Documents:
http://www.yakima-herald.com/stories/2009/02/04/defamation-suit-settled-out-of-court
http://www.yakimaherald.com/stories/2009/02/09/ensey-blogging-saga-over-good-riddance
Case information and documents at http://www.citmedialaw.org/threats/bonlender-v-ensey
Port Arthur Independent School District v. Klein & Associates Political Relations, No. ______ (Tex. Dist Ct. Jefferson County 200_).
Status: Summary judgment for defendants affirmed, 92 S.W.3d 889 (Tex.App. - Beaumont 2002, pet'n den'd).
The school board of Port Arthur, Tex. sued Klein & Associates Political Relations after its political blog, “Southeast Texas Political Review” blog (setpoliticalreview.com), published a story stating that a “huge gang fight” had broken out at a Thomas Jefferson High School prom. The trial court judge granted summary judgment to the defendants on several grounds, including the finding that the school board, as a government entity, could not sue for libel. The judge reaffirmed this after the board filed a motion for a new trial. An appeals court affirmed (70 S.W.3d 349 (Tex. App.—Beaumont 2002, no. pet.)). The blog author also countersued the district for libel and other claims; the trial court granted summary judgment for the school district on these claims, and an appeals court affirmed (92 S.W.3d 889 (Tex.App. - Beaumont 2002, pet'n den'd)).
Status: Summary judgment for defendants affirmed, 92 S.W.3d 889 (Tex.App. - Beaumont 2002, pet'n den'd).
The school board of Port Arthur, Tex. sued Klein & Associates Political Relations after its political blog, “Southeast Texas Political Review” blog (setpoliticalreview.com), published a story stating that a “huge gang fight” had broken out at a Thomas Jefferson High School prom. The trial court judge granted summary judgment to the defendants on several grounds, including the finding that the school board, as a government entity, could not sue for libel. The judge reaffirmed this after the board filed a motion for a new trial. An appeals court affirmed (70 S.W.3d 349 (Tex. App.—Beaumont 2002, no. pet.)). The blog author also countersued the district for libel and other claims; the trial court granted summary judgment for the school district on these claims, and an appeals court affirmed (92 S.W.3d 889 (Tex.App. - Beaumont 2002, pet'n den'd)).
Gillam v. Klein Investments, Inc., No. E179-095 (Tex. Dist. Ct. (Jefferson County) filed April 10, 2007).
Status: Settled
On his “Southeast Texas Political Review” blog (setpoliticalreview.com) and his KOLE-AM radio program (“Southeast Texas Politcal Review: On The Air”), Philip Klein claimed that Justice of the Peace Tom Gillam III had a sexual liaison with a woman in the Jefferson County courthouse.
Gillam sued in April 2007, claiming that that he and the court coordinator were in the courthouse looking for some computer disks that he needed to do some work at home. In June 2008, the parties settled, with Klein posting a statement on the site saying that “Judge Gillam is due an apology from those that attempted to smear his name by using this web site and the media in general in an attempt to garner office.”
Links and Court Documents:
http://www.panews.com/local/local_story_101194343.html
http://www.zwire.com/site/news.cfm?newsid=19759663&BRD=2287&PAG=461&dept_id=512588&rfi=6
Plaintiff’s complaint: http://www.courthousenews.com/Gillam%201.pdf
Plaintiff’s motion to prevent spoliation of evidence: http://www.courthousenews.com/Gillam%201.pdf
Status: Settled
On his “Southeast Texas Political Review” blog (setpoliticalreview.com) and his KOLE-AM radio program (“Southeast Texas Politcal Review: On The Air”), Philip Klein claimed that Justice of the Peace Tom Gillam III had a sexual liaison with a woman in the Jefferson County courthouse.
Gillam sued in April 2007, claiming that that he and the court coordinator were in the courthouse looking for some computer disks that he needed to do some work at home. In June 2008, the parties settled, with Klein posting a statement on the site saying that “Judge Gillam is due an apology from those that attempted to smear his name by using this web site and the media in general in an attempt to garner office.”
Links and Court Documents:
http://www.panews.com/local/local_story_101194343.html
http://www.zwire.com/site/news.cfm?newsid=19759663&BRD=2287&PAG=461&dept_id=512588&rfi=6
Plaintiff’s complaint: http://www.courthousenews.com/Gillam%201.pdf
Plaintiff’s motion to prevent spoliation of evidence: http://www.courthousenews.com/Gillam%201.pdf
Colunga v. Sanchez, No. 2008-12-006687-G (Tex. Dist Ct., Carmeron County, 404th Dist. filed Dec. 17, 2008).
Status: Pending
Brownsville, Tex. Independent School District board trustee Joe Colunga sued blogger Robert Sanchez over a post on his RobertSanchez2011 blog (www.robertsanchez2011.blogspot.com) which Colunga alleges violated his son’s privacy by revealing his medical condition and his special education needs. The suit also names Juan Montoya, who contributes to the blog and wrote the article at issue.
Links and Court Documents:
http://www.brownsvilleherald.com/news/sanchez_92840___article.html/colunga_montoya.html
http://brownsvillevoice.blogspot.com/2009/01/joe-colunga-must-resign-from-bisd-and.html
http://brownsvillevoice.blogspot.com/2009/01/why-colunga-needs-to-move-for-immediate.html
http://blogginallthingsbrownsville.blogspot.com/2008/12/colunga-files-suit-against-brownsville.html
Complaint: http://files.blogginallthingsbrownsville.com/docs/Colunga.pdf
Status: Pending
Brownsville, Tex. Independent School District board trustee Joe Colunga sued blogger Robert Sanchez over a post on his RobertSanchez2011 blog (www.robertsanchez2011.blogspot.com) which Colunga alleges violated his son’s privacy by revealing his medical condition and his special education needs. The suit also names Juan Montoya, who contributes to the blog and wrote the article at issue.
Links and Court Documents:
http://www.brownsvilleherald.com/news/sanchez_92840___article.html/colunga_montoya.html
http://brownsvillevoice.blogspot.com/2009/01/joe-colunga-must-resign-from-bisd-and.html
http://brownsvillevoice.blogspot.com/2009/01/why-colunga-needs-to-move-for-immediate.html
http://blogginallthingsbrownsville.blogspot.com/2008/12/colunga-files-suit-against-brownsville.html
Complaint: http://files.blogginallthingsbrownsville.com/docs/Colunga.pdf
Cisneros v. Sanchez, No. 2005-CCL-01024-A (Tex. County Ct., filed Aug. 24, 2005).
Status: Settled for $150,000
Robert Sanchez, who lost a 2005 race for the Brownsville, Tex. city commission, maintained his former campaign web site (www.robertsanchez05.com) to advertise his restaurant , with a blog on local politics (formerly at http://www.robertsanchez05.com/phpBB2/index.php?c=2). The wife of Carlos Cisneros, who defeated Sanchez in the race, sued for defamation for statements on the site. The suit eventually settled for $150,000, after the plaintiff showed that Sanchez’s computer was used to write comments to the web site. As part of the settlement, Sanchez admitted that he posted the comments under various pseudonyms; he also wrote a letter vindicating Elena Cisneros’ good name and apologizing to her children for the comments on the website.
Links and Court Documents:
http://www.brownsvilleherald.com/news/site_66261___article.html/cisneros_web.html
http://www.brownsvilleherald.com/news/sanchez_66364___article.html/lawsuit_baird.html
http://www.brownsvilleherald.com/news/court_67939___article.html/federal_sanchez.html
http://www.brownsvilleherald.com/news/court_68828___article.html/sanchez_lawsuits.html
Status: Settled for $150,000
Robert Sanchez, who lost a 2005 race for the Brownsville, Tex. city commission, maintained his former campaign web site (www.robertsanchez05.com) to advertise his restaurant , with a blog on local politics (formerly at http://www.robertsanchez05.com/phpBB2/index.php?c=2). The wife of Carlos Cisneros, who defeated Sanchez in the race, sued for defamation for statements on the site. The suit eventually settled for $150,000, after the plaintiff showed that Sanchez’s computer was used to write comments to the web site. As part of the settlement, Sanchez admitted that he posted the comments under various pseudonyms; he also wrote a letter vindicating Elena Cisneros’ good name and apologizing to her children for the comments on the website.
Links and Court Documents:
http://www.brownsvilleherald.com/news/site_66261___article.html/cisneros_web.html
http://www.brownsvilleherald.com/news/sanchez_66364___article.html/lawsuit_baird.html
http://www.brownsvilleherald.com/news/court_67939___article.html/federal_sanchez.html
http://www.brownsvilleherald.com/news/court_68828___article.html/sanchez_lawsuits.html
City of Memphis, Tennessee v. Does, No. ________ (Tenn. Chan. Ct. filed July 10, 2008).
Status: Withdrawn.
Memphis Police Director Larry Godwin and the city of Memphis sued the anonymous blogger(s) of the MPD Enforcer 2.0 blog (mpdenforcer20.blogspot.com), which had been critical of Godwin and the Memphis police department, and posted a picture of an undercover officer. The plaintiffs then subpoenaed AOL to determine the identity the blogger(s). As the case proceeded, it came out that a photo of the undercover officer was also posted on the police department’s own site. The case was later dropped.
Links and Court Documents:
http://www.commercialappeal.com/news/2008/jul/22/police-director-sues-find-identity-blogger-critica/
http://www.citmedialaw.org/blog/2008/memphis-police-sue-critics-mpd-enforcer-20-blog
http://www.memphisflyer.com/memphis/Content?oid=oid%3A46444
http://www.memphisflyer.com/memphis/Content?oid=oid%3A46202
http://www.commercialappeal.com/news/2008/nov/13/scrapped-lawsuit-police-chief-costs-taxpayers-abou/
AOL subpoena: http://mpdenforcer20.blogspot.com/2008/07/larry-subpoenas-aol.html
Status: Withdrawn.
Memphis Police Director Larry Godwin and the city of Memphis sued the anonymous blogger(s) of the MPD Enforcer 2.0 blog (mpdenforcer20.blogspot.com), which had been critical of Godwin and the Memphis police department, and posted a picture of an undercover officer. The plaintiffs then subpoenaed AOL to determine the identity the blogger(s). As the case proceeded, it came out that a photo of the undercover officer was also posted on the police department’s own site. The case was later dropped.
Links and Court Documents:
http://www.commercialappeal.com/news/2008/jul/22/police-director-sues-find-identity-blogger-critica/
http://www.citmedialaw.org/blog/2008/memphis-police-sue-critics-mpd-enforcer-20-blog
http://www.memphisflyer.com/memphis/Content?oid=oid%3A46444
http://www.memphisflyer.com/memphis/Content?oid=oid%3A46202
http://www.commercialappeal.com/news/2008/nov/13/scrapped-lawsuit-police-chief-costs-taxpayers-abou/
AOL subpoena: http://mpdenforcer20.blogspot.com/2008/07/larry-subpoenas-aol.html
Byrge v. Campfield, No. ______ (Tenn. Dist. Ct., Campbell County filed Nov. __, 2008).
Status: Pending.
Defeated State House candidate Roger Byrge sued incumbent state Rep. Stacey Campfield for libel for statements on Campfield’s “Camp4u” blog (lastcar.blogspot.com) that Byrge had been arrested on drug charges. Campfiled initially responded to the suit by claiming that her blog was protected by legislative immunity, but then dropped that defense.
Links and Court Documents:
http://www.whnt.com/Global/story.asp?S=9345694
http://www.memphisdailynews.com/editorial/Article.aspx?id=41013
http://www.tennessean.com/article/20090220/NEWS0201/90220017/1003/rss03
http://www.knoxnews.com/news/2009/mar/24/campfield-drops-legislative-privilege-defense-in/?partner=RSS
http://www.memphisdailynews.com/editorial/Article.aspx?id=42221
Status: Pending.
Defeated State House candidate Roger Byrge sued incumbent state Rep. Stacey Campfield for libel for statements on Campfield’s “Camp4u” blog (lastcar.blogspot.com) that Byrge had been arrested on drug charges. Campfiled initially responded to the suit by claiming that her blog was protected by legislative immunity, but then dropped that defense.
Links and Court Documents:
http://www.whnt.com/Global/story.asp?S=9345694
http://www.memphisdailynews.com/editorial/Article.aspx?id=41013
http://www.tennessean.com/article/20090220/NEWS0201/90220017/1003/rss03
http://www.knoxnews.com/news/2009/mar/24/campfield-drops-legislative-privilege-defense-in/?partner=RSS
http://www.memphisdailynews.com/editorial/Article.aspx?id=42221
D'Alonzo v. Truscello, April Term, 2004 No. 0274, 2006 WL 1768091, 34 Media L. Rep. 2084 (Pa. C.P., dismissed May 31, 2006).
Status: Dismissed
Pennsylvania State Senator Vincent Fumo sued the owner of the (now defunct) web site dumpfumo.com after she posted to her site the verbatim text of an article from the Philadelphia Daily News, which he alleged was libelous. The motions judge granted defendant's motion to dismiss on the grounds that the suit was barred by section 230 of the federal Communications Decency Act; the Common Pleas judge agreed and affirmed.
Links and Court Documents:
http://www.citmedialaw.org/dalonzo-v-truscello
http://www.law.com/jsp/article.jsp?id=1149843924785 Case docket at http://fjdweb2.phila.gov/fjd/zk_fjd_public_qry_03.zp_dktrpt_frames?case_id=040400274
Status: Dismissed
Pennsylvania State Senator Vincent Fumo sued the owner of the (now defunct) web site dumpfumo.com after she posted to her site the verbatim text of an article from the Philadelphia Daily News, which he alleged was libelous. The motions judge granted defendant's motion to dismiss on the grounds that the suit was barred by section 230 of the federal Communications Decency Act; the Common Pleas judge agreed and affirmed.
Links and Court Documents:
http://www.citmedialaw.org/dalonzo-v-truscello
http://www.law.com/jsp/article.jsp?id=1149843924785 Case docket at http://fjdweb2.phila.gov/fjd/zk_fjd_public_qry_03.zp_dktrpt_frames?case_id=040400274
Deon v. McMonagle, No. 2005-08774 (Pa. C.P., Bucks County consolidated Oct. 2006) (consolidated with Deon v. Mcmonagle, No. 2004-02986 (Pa. C.P., Bucks County filed May 6, 2004)).
Status: Pending
Pasquale T. Deon Sr., who serves as chairman of the Philadelphia transit agency SEPTA and the Pennsylvania Turnpike Commission, filed a libel suit against Middletown, Pa. Supervisor Robert McMonagle for comments on his blog website middletown-news.net. In October 2006, the case was combined with an earlier case in which Deon sued McMonagle for libel and trespass. As of June 2008, discovery was proceeding in the combined case.
Links and Court Documents:
http://www.citmedialaw.org/deon-v-mcmonagle
http://middletown-news.net/news/20051210DeonLibel.html
Status: Pending
Pasquale T. Deon Sr., who serves as chairman of the Philadelphia transit agency SEPTA and the Pennsylvania Turnpike Commission, filed a libel suit against Middletown, Pa. Supervisor Robert McMonagle for comments on his blog website middletown-news.net. In October 2006, the case was combined with an earlier case in which Deon sued McMonagle for libel and trespass. As of June 2008, discovery was proceeding in the combined case.
Links and Court Documents:
http://www.citmedialaw.org/deon-v-mcmonagle
http://middletown-news.net/news/20051210DeonLibel.html
CRIMINAL CASE: Oklahoma v. King (2005 criminal defamation investigation; no prosecution)
Status: No charges filed
In 2005, an Oklahoma prosecutor declined to file charges based on a former state senator’s complaint alleging that a political website was committing criminal libel, according to The Oklahoman newspaper. State Senator Gene Stipe alleged that the website, McAlester Watercooler (www.mccooler.net), published defamatory statements against him and his family. After investigating the complaint, McAlester, Okla. police referred the case to Pittsburg County District Attorney Chris Wilson, who declined to pursue the case.
Links and Court Documents:
http://news.zdnet.com/2100-9588_22-5841806.html?tag=zdfd.newsfeed
Status: No charges filed
In 2005, an Oklahoma prosecutor declined to file charges based on a former state senator’s complaint alleging that a political website was committing criminal libel, according to The Oklahoman newspaper. State Senator Gene Stipe alleged that the website, McAlester Watercooler (www.mccooler.net), published defamatory statements against him and his family. After investigating the complaint, McAlester, Okla. police referred the case to Pittsburg County District Attorney Chris Wilson, who declined to pursue the case.
Links and Court Documents:
http://news.zdnet.com/2100-9588_22-5841806.html?tag=zdfd.newsfeed
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