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.
Spooner v. The Associated Press
STATUS: Lawsuit settled in December 2012.
NBA Ref & AP Settle Suit Over Reporter's Tweet
Minneapolis St. Paul Business Journal
http://www.bizjournals.com/twincities/blog/law/2011/12/nba-ref-ap-reporter-settle-over-tweet.html?page=all
Dane v. Gawker
See also:
Gawker Settles Lawsuit, Removes “McSteamy” Sex Tape
Mediaite
http://www.mediaite.com/online/gawker-settles-lawsuit-removes-mcsteamy-sex-tape/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+mediaite%2FClHj+%28Mediaite%29&utm_content=Bloglines
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.
Status: Settled in part.
Eureka, Cal. Police Department Communications Supervisor Tawnie Hansen filed the suit late last year against several unnamed "John Does" for comments posted on a (now-largely deleted and no-longer-updated) blog titled "Above the Law" (abovethelaweureka.blogspot.com), written by a blogger using the pseudonyms "Frank Serpico," a name of a former New York police officer who revealed corruption within that department in the early 1970s, and "Bucky Grace."
The blog focused on alleged impropriety within the Eureka, Cal. police department, and dissatisfaction with Police Chief Garr Nielsen; among the statements by "Serpico/Grace" and commenters on the blogs, many of whom appeared to be police department employees, were those allegeding that Hansen and Nielsen were having an affair. Hansen sued over these online comments, as well as other, oral statements, alleging defamation and intentional infliction of emotional distress.
The suit initially named 100 "John Doe" defendants; in an amended complaint, Hansen named Eureka Police Department Support Services Manager Devora Wilson as one of the defendants. In August 2009, Wilson settled for $10,000.
The case against the other defendants, including the blogger behind the site, continues.
Links and Court Documents:
http://www.times-standard.com/ci_13021423
http://humboldtherald.wordpress.com/2009/06/29/eureka-police-blog-spawns-lawsuit
http://www.contracostatimes.com/california/ci_12729896?nclick_check=1
Interview with "Frank Serpico": http://khum.streamguys.us/John_Matthews_KSLG-Frank_Serpico042208.mp3
Status: Settled (appeal of $1.8 million award to plaintiff after default judgment dismissed).
Defendant Donald Wizeman operates the Myrtle Beach Insider blog (myrtlebeachinsider.blogspot.com), which comments on local news and politics. In June 2007, a post on the blog referred to Scott Brandon, the head of a local advertising agency, as a “failed lawyer” and criticized one of his firm’s advertising campaigns. Circuit Court Judge Diane S. Goodstein entered summary judgment on liability against Wizeman after he did not appear at a Sept. 2008 hearing. Wizeman sought to have the ruling vacated in December, claiming that he had not received notice of the hearing; Goodstein refused, and Wizeman has appealed. Meanwhile, a special referee appointed by Goodstein awarded Brandon $800,000 in compensatory damages and $1.0 million in punitives.
Wizeman appealed, but before the appeal was heard the parties reached a settlement.
Links and Court Documents:
http://www.citmedialaw.org/threats/brandon-v-wizeman
http://www.thesunnews.com/business/story/856883.html
Status: Settled
In 2006, Melanie Rubin hired Steven Matteo to photograph her wedding. After the event, Matteo gave Rubin unedited copies of all 1,500 digital pictures that he took. Howard Rubin, the father of the bride, then contacted Matteo with complaints about the quality of the photographs. Matteo attempted to contact Melanie Rubin about the complaints, but he never received a response. In January 2007, Howard Rubin began creating various websites, entitled “Why Not to Hire an Inept Photographer,” which showed several of the wedding photographs and criticized Matteo’s work. Matteo sued for copyright infringement, defamation, false light invasion of privacy, interference with prospective business advantage. On Dec. 3, 2007, the court denied Rubin’s motion to dismiss these claims. (Matteo v. Rubin, 2007 WL 4294734 (N.D.Ill. Dec. 3, 2007). On April 8, the suit was dismissed pursuant to a settlement.
Links and Court Documents:
http://dockets.justia.com/docket/court-ilndce/case_no-1:2007cv02536/case_id-208708/
Status: Confidential monetary settlement
In response to frustration with a development project managed by plaintiff James Jaeger and his development company, defendants Joy and Tom Okon published several critical blog posts on the North Center Neighbors blog, northcenterneighbors.blogspot.com. Jaeger brought suit for defamation based on these posts, as well as e-mails, which alleged corrupt business dealings. The case was settled, on undisclosed terms, outside of court while a motion to dismiss under the
Links and Court Documents:
http://www.citmedialaw.org/threats/jaeger-v-okon
http://chicagojournal.com/main.asp?SectionID=48&SubSectionID=141&ArticleID=4724&TM=39096.86
Waters v. Miller, No. 2006 CA 002690 SC (
Status: Settled?
High school teacher Lee Waters is suing over sexual comments posted along with her photo by a
Links and Court Documents:
http://www.theledger.com/apps/pbcs.dll/article?AID=/20060423/NEWS/604230392/-1/NEWS0101
Case docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchby=Name&tb_searchfor=2006+CA+002690+SC
New School of Orlando, Inc. v. McSween, Civil No. 2007-CA-014312-O (Fla. Cir. Ct., Orange County filed Oct. 28, 2007).
Status: Settled
A private school sued the mother of a former student over comments criticizing the school that the mother posted on her AOL Hometown web site (apparently hometown.aol.com/sayno2newschool/, no longer operational). After receiving a letter threatening legal action over the comments, Sonjia McSween moved her comments to a new site (parentalmusings.blogspot.com/), then another (www.myspace.com/parentalmusings). In February 2008, the parties apparently reached a settlement.
Links and Court Documents:
http://www.wftv.com/news/14603642/detail.html?rss=orlc&psp=irresistible
Case docket: http://www.myorangeclerk.com/myclerk/CaseDetails.aspx?ID=5554180
Bell v. Shah, Civil No. 06-21063 (S.D.
Status: Settled for apology and $10,000
Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging
Links and Court Documents:
http://www.citmedialaw.org/bell-v-shah
http://www.realgm.com/boards/viewtopic.php?t=379483&view=next&sid=e9b32f008e98909a27989cb35a3f1f98
Docket available at https://ecf.flsd.uscourts.gov/cgi-bin/iqquerymenu.pl?124513 (PACER log-in required)
Bell v. Shah, Civil No. 05-0671 (D.
Status: Transferred to S.D.
Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging
Links and Court Documents:
http://www.digestiblelaw.com/jurisdiction/blogQ.aspx?entry=3735
http://www.realgm.com/boards/viewtopic.php?t=379483&view=next&sid=e9b32f008e98909a27989cb35a3f1f98
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
Status: Settled (unknown terms)
Jeff Ward, who managed the careers of various entertainers including George Carlin, George Forman and Donna Summer, sued owner Luke Ford and various unnamed contributors to the lukeford.net porn-industry blog for allegedly libelous comments about Ward on the site. Ford did not respond to the suit, and was held in default on Oct. 10, 2005. After Ford filed a motion to set aside the default judgment, the parties settled and the case was dismissed in Aug. 2006.
Links and Court Documents:
http://www.citmedialaw.org/wald-v-ford
http://tabloidbaby.blogspot.com/2006/05/wald-v-ford-lukes-lawyer-wants-you.html
Case documents (including complaint, motion to set aside default): http://www.lukeford.net/Images/photos3/WaldFord.doc
Docket available at http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil (enter case number)
Splash News & Picture Agency, Inc. v. Lavandeira, Civil No. 07-02668 (C.D. Cal. filed April 23, 2007).
Status: Settled
On the heels of similar lawsuit against the same defendant (see below), five more “paparazzi” photo agencies sued perezhilton.com blogger Mario Lavandeira over his sites’ use of their copyrighted photographs. The parties apparently settled in December 2008.
Links and Court Documents:
http://www.citmedialaw.org/threats/splash-news-picture-agency-v-lavandeira
http://www.hollywoodreporteresq.com/thresq/litigation/article_display.jsp?vnu_content_id=1003575965
Complaint available at http://www.hollywoodreporteresq.com/thresq/photos/PerezHilton_suit.pdf
Status: One defendant (Ishkanian) settled for undisclosed terms; claims against other defendant (Lavandeira) dismissed; plaintiff ordered to pay almost $87,000 in attorney fees
Hollywood disc jockey Samantha Ronson filed a libel suit against celebritybabylon.com blogger Jill Ishkanian and perezhilton.com blogger Mario Lavandeira over a posting on celebritybabylon.com, republished on perezhilton.com, alleging that cocaine found in actress Lindsay Lohan’s car after an accident was Ronson’s.
On Oct. 10, Ronson and Ishkanian announced that they had settled their part of the dispute; meanwhile, Superior Court Judge Elihu M. Berle deferred decision on Lavandeira’s anti-SLAPP motion and allowed the plaintiffs to depose Lavandeira. On Nov. 1, 2007, the court granted Lavandeira’s anti-SLAPP motion, dismissing the case; Ronson was also ordered to pay Lavandeira’s attorney fees, which the court declared in January to be almost $85,000.
Although Ronson initially sought to have the ruling reconsidered, she eventually paid the fees – by then, almost $87,000 – in early October 2008. Meanwhile, her own attorneys filed suit against her in
Links and Court Documents:
http://www.citmedialaw.org/ronson-v-lavandeira
http://www.eonline.com/news/article/index.jsp?uuid=21419e81-7c68-41f9-bb62-43dba7501f91
http://abcnews.go.com/TheLaw/story?id=3385802&page=1
http://www.nydailynews.com/gossip/2007/07/15/2007-07-15_lohan_buddy_sues_2_blogs_claiming_libel-1.html
http://www.thehollywoodgossip.com/2007/07/samantha-ronson-sues-perez-hilton-other-celebrity-gossip-blog-for-20-million-over-lindsay-lohan-story/
http://www.eonline.com/news/article/index.jsp?uuid=a5d99c58-a158-4970-8e03-ffb8102fda4b
http://www.charlotte.com/entertainment/story/313957.html
http://www.eonline.com/news/article/index.jsp?uuid=a9854130-4d29-40c7-912a-a02330ecebd9
http://www.knbc.com/entertainment/14804051/detail.html?rss=la&psp=news
http://www.thesmokinggun.com/archive/years/2007/1212071ronson1.html?link=rssfeed
http://www.startribune.com/entertainment/14168466.html
http://www.knbc.com/news/17623571/detail.html?rss=la&psp=news
http://www.latimes.com/news/printedition/front/la-me-samantha-ronson11-2008dec11,0,6925049.story?page=1
Case docket available via http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil (enter case number)
Status: Settled (dismissed by plaintiff in return for publication of apology)
Basketball player Tony Parker sued X17 over statements on the photo agency’s celebrity news blog (http://x17online.com/) which alleged that he had had an affair shortly after his marriage to actress Eva Longoria. In early April 2008, the site published an apology and the lawsuit was dismissed.
Links and Court Documents:
http://www.people.com/people/article/0,,20189312,00.html
http://www.jossip.com/x17s-half-hearted-settlement-required-apology-to-tony-parker-and-eva-longoria-20080407/
http://www.msnbc.msn.com/id/22331780/
http://www.tmz.com/2007/12/19/tony-parker-to-x17-screw-you-sue-you/
Complaint: http://www.aolcdn.com/tmz_documents/1219_eva_tony_wm.pdf
Status: Non-monetary settlement after defendant’s motion to strike (anti-SLAPP motion) denied
The Mortgage Lender Implode-O-Meter (ml-implode.com), a blog run by Aaron Krowne which tracks mortgage finance companies that are in financial trouble, posted the contents of an anonymous e-mail sent to the site alleging that Loan Center of California was having financial problems. (The e-mail contents were also posted on the AutoDogmatic blog (www.autodogmatic.com), run by a friend of Krowne’s.) Krowne removed the post the same day after Loan Center of California complained, but the company still filed suit. Krowne’s motion to have the suit struck under California’s anti-SLAPP statute was denied on Sept. 7, 2007; the case was settled two months later.
Links and Court Documents:
http://www.thereporter.com/ci_6638254
http://ml-implode.com/viewnews/2007-07-26_JudgeFranklinRTaftDeniesMlImplodeMotionToStrikeviaAntiSLAPP.html (denial of motion to strike; includes documents)
http://ml-implode.com/viewnews/2007-07-05_LoanCenterofCaliforniaSuesMortgageLenderImplodeOMeterMotiontoStr.html (complaint; includes documents)
Case information and documents: http://www.citmedialaw.org/threats/loan-center-california-v-krowne
Complaint: http://ml-implode.com/lcc_suit/complaint.pdf
Docket available via http://courtconnect.solanocourts.com
Status: Settled for undisclosed “hefty sum”
Porn actress
Links and Court Documents:
http://www.citmedialaw.org/lake-v-ford
Case noted in http://www.wired.com/culture/lifestyle/news/2001/01/40829
Case noted in http://www.laweekly.com/la-people-2006/the-xxxorcist/13191/
Status: Pending; settlement talks ongoingIn March 2006, the
Links and Court Documents:
http://www.nctimes.com/articles/2005/07/17/news/coastal/21_41_317_16_05.txt
http://www.nctimes.com/articles/2006/07/18/news/top_stories/22_18_317_17_06.txt
http://www.nctimes.com/articles/2006/11/07//news/sandiego/5_00_4311_6_06.txt
Amended complaint at http://www.nctimes.com/pdf/GUAJOMEVMcCulloch.pdf
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