UPDATE (7/15/2011)
STATUS: Judge fined Righthaven $5000 for misleading the court on July 14, 2011
D. Nev.: Righthaven Masquerading as a Company
Vegas Inc.
A judge today fined newspaper copyright lawsuit filer Righthaven LLC of Las Vegas $5,000 for misleading a federal court about its lawsuits. Judge Hunt said Righthaven deliberately failed to disclose the owner of the Las Vegas Review-Journal shares in Righthaven’s lawsuit revenue. But, without explanation, Hunt didn’t sanction any of the Righthaven attorneys that may have been responsible for the misrepresentation.
http://www.vegasinc.com/news/2011/jul/14/judge-fines-righthaven-5000-misleading-court-over-/
STATUS: Order on Request to Unseal entered on March 9, 2011
D. Nev.: Righthaven’s Secret Contract Revealed: Will Its Strategy Collapse?
paidContent
Angered at Righthaven’s behavior, a Las Vegas federal judge unsealed the company’s heretofore confidential agreement with the Las Vegas Review-Journal late on Friday. The contract reveals that the controversial copyright-enforcement company and LV R-J parent company Stephens Media are splitting their net earnings from suing hundreds of bloggers on a 50-50 basis. It also shows that the LV R-J is still largely in control of Righthaven’s litigation strategy—a fact that could end up being ruinous for Righthaven’s campaign of copyright lawsuits.
http://paidcontent.org/article/419-righthavens-secret-contract-is-revealedwill-its-strategy-collapse/
--Order on Request to Unseal: Righthaven LLC v. Democratic Underground
https://www.eff.org/files/filenode/righthaven_v_dem/2-10-cv-01356_93.pdf
--Righthaven’s Contract With Stephens Media
http://www.docstoc.com/docs/76820004/RighthavenContract
See also
--Answer and Counterclaim: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/AnswerandCounterclaim.pdf
--Complaint: Righthaven LLC v. Democratic Underground
http://www.eff.org/files/filenode/righthaven_v_dem/20100810RighthavenvDemocraticUnderground.pdf
Showing posts with label Alleged Criminality / Impropriety. Show all posts
Showing posts with label Alleged Criminality / Impropriety. Show all posts
People of the State of New York v. Raphael Golb
STATUS: Trial commenced Sept 14, 2010
N.Y. Sup.: Dead Sea Scrolls Debate Spurs NY Criminal Trial
Associated Press
Attorney, Raphael Golb, went on trial Tuesday on criminal charges of online impersonation and harassment for creating false emails and blog posts in a hoax to champion his professor father's views and discredit NYU professor Lawrence Schiffman's views in a debate over the origin of the Dead Sea Scrolls. While impersonation claims have generated civil lawsuits, prosecutions are few unless phony identities are used to steal money, experts say. Golb, 50, has pleaded not guilty to identity theft, criminal impersonation and other charges. He hasn't acknowledged crafting the messages, but his lawyers say the plagiarism allegations are true, and the writings amount to typical blogosphere banter — not crime.
http://news.yahoo.com/s/ap/20100914/ap_on_re_us/us_dead_sea_scrolls_3" target="_blank
--Grand Jury Indictment
http://www.bobcargill.com/Gadda/grand_jury_indictment_golb.pdf" target="_blank
--Other Legal Filings
http://www.bobcargill.com/who-is-charles-gadda.html#Legal_Filings" target="_blank
UPDATE (11/18/10)
STATUS: Golb sentenced six months imprisonment on Nov. 18, 2010
N.Y. Sup.: Raphael Golb Gets Six Months in Prison for Impersonating Dead Sea Scrolls Scholar
New York Daily News
N.Y. Sup.: Dead Sea Scrolls Debate Spurs NY Criminal Trial
Associated Press
Attorney, Raphael Golb, went on trial Tuesday on criminal charges of online impersonation and harassment for creating false emails and blog posts in a hoax to champion his professor father's views and discredit NYU professor Lawrence Schiffman's views in a debate over the origin of the Dead Sea Scrolls. While impersonation claims have generated civil lawsuits, prosecutions are few unless phony identities are used to steal money, experts say. Golb, 50, has pleaded not guilty to identity theft, criminal impersonation and other charges. He hasn't acknowledged crafting the messages, but his lawyers say the plagiarism allegations are true, and the writings amount to typical blogosphere banter — not crime.
http://news.yahoo.com/s/ap/20100914/ap_on_re_us/us_dead_sea_scrolls_3" target="_blank
--Grand Jury Indictment
http://www.bobcargill.com/Gadda/grand_jury_indictment_golb.pdf" target="_blank
--Other Legal Filings
http://www.bobcargill.com/who-is-charles-gadda.html#Legal_Filings" target="_blank
UPDATE (11/18/10)
STATUS: Golb sentenced six months imprisonment on Nov. 18, 2010
N.Y. Sup.: Raphael Golb Gets Six Months in Prison for Impersonating Dead Sea Scrolls Scholar
New York Daily News
Article of the Month: Under Pressure Craiglist Removes "Adult Services" Section
In addition to our brief posts on legal actions against bloggers, this blog will also be home to a monthly article exploring one of the cases in more depth. The article will also be published in MLRC's MediaLawLetter, our monthly magazine that covers what's happening in the media world. To see all of the articles from the MediaLawLetter, please consider joining Media Law Resource Center!
Seemingly acquiescing to the demands of state attorneys general, Craigslist has removed the “Adult Services” section of its website. Some supporters maintained hope while the link remained covered by a black bar reading “censored.” However, any fleeting chance of a sustained protest disappeared when the site removed the section entirely, a change it confirmed in recent Congressional testimony.
The move came two weeks after 17 attorneys general sent the site’s founder, CEO, and attorney a letter noting strong concerns that the page provided easy access to prostitution and child sex trafficking. Although the letter was phrased as a request and contained no legal threats, it carried force through its widespread dissemination. The letter was the latest in a two-year effort by state AGs to curtail the website’s alleged facilitation of illicit activities.
Craigslist had already restructured the portion of its page, previously entitled “Erotic Services,” in an effort to reign in the lascivious free-for-all. The site began screening each adult post and requiring an accompanying $10 payment, credit card information, and a verifiable phone number.
Many saw these steps as a boost to public safety, as the increased transparency and high volume on the page allowed law enforcement to intervene when necessary. But AGs, aided by vocal advocacy groups and perhaps feeling the pressure of an election year, found the steps inadequate. Even after the Adult Services section has been removed entirely in the United States, they continue to press for its elimination worldwide.
With their steadfast commitment to pursuing the matter, the AGs have created the impression of unassailable legal strength, yet a close look at the law surrounding this issue reveals that Craigslist fares well in a potential lawsuit.
Under Section 230 of the Communications Decency Act, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230(c)(1). In other words, barring a certain set of exceptions, Craigslist is not liable for the speech of others simply by providing a forum for communication.
Judicial interpretation of Section 230 has made the provision only stronger with time, and factors that might appear troublesome for Craigslist in reality pose no hurdle. Issues that do not undermine its defense include Craigslist making money from the Adult Services ads, see, e.g., Doe v. GTE, 347 F.3d 655 (7th Cir. 2003), screening posts to allow some and delete others, see, e.g., Green v. AOL, 318 F.3d 465 (3rd Cir. 2003), and knowing that there was illegal activity taking place. See, e.g., Goddard v. Google, Inc., 640 F. Supp. 2d 1193 (N.D. Cal. Jul. 30, 2009).
Opponents also could not get around the 230 defense by couching their claims in a different form, such as by claiming that Craigslist aided and abetted prostitution, see GTE, 347 F.3d 655, or was negligent in enforcement. See Doe v. MySpace, 528 F.3d 413 (5th Cir. 2008). The company appears to be on safe ground as long as it avoids actively inducing the creation of illicit content. See Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008)
Craigslist has already successfully relied on Section 230 to defend its Adult Services area. In a lawsuit brought by an Illinois sheriff against the company for creating a public nuisance by facilitating prostitution, the court determined that none of the site’s actions brought it outside of 230’s protective sphere. See Dart v. Craigslist, Inc., 665 F. Supp. 2d 961 (N.D. Ill. Oct. 20, 2009). Craigslist has also successfully invoked immunity when sued for discriminatory postings in its housing section, see Chicago Lawyers' Committee For Civil Rights Under Law, Inc. v. Craigslist, Inc., 519 F.3d 666 (7th Cir. 2008), and for injuries caused by the sale of firearms on the site. See Gibson v. Craigslist, 2009 WL 1704355 (S.D.N.Y. June 15, 2009).
In reality, the AGs probably know their legal stance is a weak one; therefore, they have moved their case to the court of public opinion, where outrage can carry more weight than precedent. The market they are attempting to shut down, meanwhile, now moves underground, to other, anonymous sections of Craigslist and to competing websites.
State of Nebraska v. Drahota
STATUS: Reversed and Dismissed on 9/24/2010
Neb.: Fiery Political Emails Didn't Disturb the Peace
Courthouse News Service
The First Amendment protects a Nebraska man's right to send fiery emails accusing his former political science professor, then a state legislative candidate, of being an al-Qaida sympathizer, the Nebraska Supreme Court ruled, overturning the former pupil's conviction for disturbing the peace.
http://www.courthousenews.com/2010/09/27/30603.htm
Links:
Decision: State v. Drahota, 280 Neb. 627 (2010): http://www.supremecourt.ne.gov/opinions/2010/september/sept24/s08-628.pdf
See also:
Angry Emails From Student To Professor Protected As Free Speech
TechDirt
Nebraska Supreme Court has overturned the lower court ruling and has said that the emails had First Amendment protections. The court has an interesting discussion of what constitutes "fighting words," and it's pretty clear these emails did not qualify for the kind of "fighting words" that get past First Amendment considerations.
http://www.techdirt.com/articles/20100925/01210711162/angry-emails-from-student-to-professor-protected-as-free-speech.shtml
Neb.: Fiery Political Emails Didn't Disturb the Peace
Courthouse News Service
The First Amendment protects a Nebraska man's right to send fiery emails accusing his former political science professor, then a state legislative candidate, of being an al-Qaida sympathizer, the Nebraska Supreme Court ruled, overturning the former pupil's conviction for disturbing the peace.
http://www.courthousenews.com/2010/09/27/30603.htm
Links:
Decision: State v. Drahota, 280 Neb. 627 (2010): http://www.supremecourt.ne.gov/opinions/2010/september/sept24/s08-628.pdf
See also:
Angry Emails From Student To Professor Protected As Free Speech
TechDirt
Nebraska Supreme Court has overturned the lower court ruling and has said that the emails had First Amendment protections. The court has an interesting discussion of what constitutes "fighting words," and it's pretty clear these emails did not qualify for the kind of "fighting words" that get past First Amendment considerations.
http://www.techdirt.com/articles/20100925/01210711162/angry-emails-from-student-to-professor-protected-as-free-speech.shtml
Revolutions Medical Corp v. Hicks
STATUS: Complaint filed
Revolutions Medical Files Libel Suit
Reuters
Revolutions Medical Corporation filed suit in Charleston County Common Pleas Court against Maurice Hicks (a.k.a. "Marty Hicks") for libel. According to the complaint, Hicks, using the alias "tazmanian353" on two Internet message boards is alleged to be waging a cyber smear campaign in an effort to destroy Revolutions Medical Corporation and its corporate management, particularly the company's chief executive officer, Rondald Wheet.
">http://www.reuters.com/article/idUS116705+20-Sep-2010+GNW20100920
Revolutions Medical Files Libel Suit
Reuters
Revolutions Medical Corporation filed suit in Charleston County Common Pleas Court against Maurice Hicks (a.k.a. "Marty Hicks") for libel. According to the complaint, Hicks, using the alias "tazmanian353" on two Internet message boards is alleged to be waging a cyber smear campaign in an effort to destroy Revolutions Medical Corporation and its corporate management, particularly the company's chief executive officer, Rondald Wheet.
">http://www.reuters.com/article/idUS116705+20-Sep-2010+GNW20100920
Meyers v. Tempesta
CEO Says Sailing Website Smeared Him
Courthouse News Service
The owners of sailinganarchy.com, the self-proclaimed "largest sailing site on the net," defamed a CEO and philanthropist by calling him a "grifter" and a "white collar criminal who stole millions," the businessman claims in Superior Court. He describes the website as "the National Enquirer of the sailing world."
http://www.courthousenews.com/2010/08/09/29425.htm
-- Complaint, Meyers v. Tempesta: http://www.courthousenews.com/2010/08/09/Sailing.pdf
Courthouse News Service
The owners of sailinganarchy.com, the self-proclaimed "largest sailing site on the net," defamed a CEO and philanthropist by calling him a "grifter" and a "white collar criminal who stole millions," the businessman claims in Superior Court. He describes the website as "the National Enquirer of the sailing world."
http://www.courthousenews.com/2010/08/09/29425.htm
-- Complaint, Meyers v. Tempesta: http://www.courthousenews.com/2010/08/09/Sailing.pdf
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.
See also
Mystery shrouds closures of blog, forum platformsReadWriteWeb
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
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
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
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
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)
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)
Higher Balance, LLC v. Quantum Future Group, Inc., Civil No. 08-233 (D.Ore. filed Feb. 25, 2008).
Status: Dismissed (Dec. 18, 2008).
Eric J. Pepin, founder of the Higher Balance Institute, sued Laura Knight-Jadczyk and her company for postings on her blog site "Signs of the Times" (www.sott.net), that alleged that his organization was a "front for pedophelia." Pepin was tried on charges of having sex with an underage employee; he was acquitted in 2007 because prosecutors could not provde the young man was underage.
In Decemeber 2008, the federal court dismissed the libel suit under Oregon's anti-SLAPP law. In August 2009, the court awarded the defendants $51,500.00 in attorney fees.
Links and Case Documents:
http://blog.oregonlive.com/hillsboroargus/2008/03/socalled_psychic_files_suit_ag.html
Status: Dismissed (Dec. 18, 2008).
Eric J. Pepin, founder of the Higher Balance Institute, sued Laura Knight-Jadczyk and her company for postings on her blog site "Signs of the Times" (www.sott.net), that alleged that his organization was a "front for pedophelia." Pepin was tried on charges of having sex with an underage employee; he was acquitted in 2007 because prosecutors could not provde the young man was underage.
In Decemeber 2008, the federal court dismissed the libel suit under Oregon's anti-SLAPP law. In August 2009, the court awarded the defendants $51,500.00 in attorney fees.
Links and Case Documents:
http://blog.oregonlive.com/hillsboroargus/2008/03/socalled_psychic_files_suit_ag.html
Hansen v. Wilson, No. _____ (Cal. Super., Humboldt County filed late 2008).
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 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
Hammitt v. Busbin, Civil No. 07-13353 (Ga. Super., Chattooga County filed Dec. 12, 2007).
Status: Jury verdict for defendants (Aug. 4, 2009).
After withdrwaing their previous suit, Ed and Brenda Hammitt refiled their suit against operator of the RomeNewsbyWatson.com news and commentary blog over comments posted by a user of the site (with the pseudonym "dirtyboy") that accused them of growing marjuana and accused Ed Hammitt of defrauding the local electric company.
The suit named the poster, who was discovered to be Ken Busbin, and webmaster Teresa Watson, who they claimed encouraged such comments and actively edited them.
After a two-day trial in the Georgia Superior Court in Summerville, Ga., on Aug. 4, 2009 the jury held that webmaster Watson was not liable for the comments posted on her site, and that the comment at issue was not libelous.
Links and Court Documents:
http://rn-t.com/bookmark/3079120
http://rn-t.com/bookmark/3080502
http://www.rn-t.com/printer_friendly/3080502
Status: Jury verdict for defendants (Aug. 4, 2009).
After withdrwaing their previous suit, Ed and Brenda Hammitt refiled their suit against operator of the RomeNewsbyWatson.com news and commentary blog over comments posted by a user of the site (with the pseudonym "dirtyboy") that accused them of growing marjuana and accused Ed Hammitt of defrauding the local electric company.
The suit named the poster, who was discovered to be Ken Busbin, and webmaster Teresa Watson, who they claimed encouraged such comments and actively edited them.
After a two-day trial in the Georgia Superior Court in Summerville, Ga., on Aug. 4, 2009 the jury held that webmaster Watson was not liable for the comments posted on her site, and that the comment at issue was not libelous.
Links and Court Documents:
http://rn-t.com/bookmark/3079120
http://rn-t.com/bookmark/3080502
http://www.rn-t.com/printer_friendly/3080502
Hammitt v. Watson, Civil No. 07-4954 (Ga. Super., Floyd County
Status: Dropped by plaintiffs.
Ed and Brenda Hammitt sued the operator of the RomeNewsbyWatson.com web site over comments posted by a user of the site that accused them of criminal activity. The case was dropped by the plaintiffs in December 2007 for procedural reasons, but was refiled in Chattooga County.
Links and Court Documents:
http://www.citmedialaw.org/threats/hammitt-v-watson
http://www.romenewsbywatson.com/?p=1315
http://news.mywebpal.com/partners/680/public/news859120.html
Complaint: http://www1.romenews-tribune.com/Files/Documents/Watsonsuit.pdf
Status: Dropped by plaintiffs.
Ed and Brenda Hammitt sued the operator of the RomeNewsbyWatson.com web site over comments posted by a user of the site that accused them of criminal activity. The case was dropped by the plaintiffs in December 2007 for procedural reasons, but was refiled in Chattooga County.
Links and Court Documents:
http://www.citmedialaw.org/threats/hammitt-v-watson
http://www.romenewsbywatson.com/?p=1315
http://news.mywebpal.com/partners/680/public/news859120.html
Complaint: http://www1.romenews-tribune.com/Files/Documents/Watsonsuit.pdf
Kruska v. Perverted Justice Foundation, No. 2:08-cv-00054 (D. Arizona
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).
After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.
Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”
The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.
Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).
After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.
Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”
The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.
Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
J.S. v. Blue Mountain School District, Civil No. 2007-00585 (M.D. Pa. summary judgment granted Sept. 11, 2008).
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Mortgage Specialists v. Implode-Explode Heavy Industries, Inc., No. 08-E-0572 (N.H. Super. 2008).
Status: Appeal of order to disclose sources pending.
In October 2008, defendant "Mortgage Lender Implode-0-Meter" blog reported that plaintiff mortgage company The Mortgage Specialists was in trouble with the New Hampshire Banking Department for alleged improper mortgage activities. The report included a "2007 Loan Chart" that The Mortgage Specialists had filed with the banking department, as required by New Hampshire law. The law also provides that the chart "shall not be made public" without an overriding reason determined by the banking department.
Within a few days, a commenter using the name "Brianbattersby" posted comments on the "Implode-0-Meter" site, accusing the president of The Mortgage Specialists of fraud.
Mortgage Specialists sent the site a cease-and-desist letter as to the chart. The site removed the chart, but not the accompanying story, and reserved the right to republish the chart. The company sought the identity of the source of the story, including the loan chart, and the identity of "Brianbattersby." The web site refused to identify the source and the commenter, so Mortgage Specialists sued.
In March 2009, a Superior Court judge ordered the site to disclose the information, holding that "The maintenance of a free press does not give a publisher the right to protect the identity of someone who has provided it with unauthorized or defamatory information."
The site, with the support of various amicus, has appealed to the New Hampshire Supreme Court.
Case Information and Documents:
http://www.citmedialaw.org/threats/mortgage-specialists-inc-v-implode-explode-heavy-industries-inc
http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20090720/OPINION01/907209949/-1/OPINION01
Status: Appeal of order to disclose sources pending.
In October 2008, defendant "Mortgage Lender Implode-0-Meter" blog reported that plaintiff mortgage company The Mortgage Specialists was in trouble with the New Hampshire Banking Department for alleged improper mortgage activities. The report included a "2007 Loan Chart" that The Mortgage Specialists had filed with the banking department, as required by New Hampshire law. The law also provides that the chart "shall not be made public" without an overriding reason determined by the banking department.
Within a few days, a commenter using the name "Brianbattersby" posted comments on the "Implode-0-Meter" site, accusing the president of The Mortgage Specialists of fraud.
Mortgage Specialists sent the site a cease-and-desist letter as to the chart. The site removed the chart, but not the accompanying story, and reserved the right to republish the chart. The company sought the identity of the source of the story, including the loan chart, and the identity of "Brianbattersby." The web site refused to identify the source and the commenter, so Mortgage Specialists sued.
In March 2009, a Superior Court judge ordered the site to disclose the information, holding that "The maintenance of a free press does not give a publisher the right to protect the identity of someone who has provided it with unauthorized or defamatory information."
The site, with the support of various amicus, has appealed to the New Hampshire Supreme Court.
Case Information and Documents:
http://www.citmedialaw.org/threats/mortgage-specialists-inc-v-implode-explode-heavy-industries-inc
http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20090720/OPINION01/907209949/-1/OPINION01
Duffin v. MySpace, No. BC410118 (Cal. Super., Los Angeles County
Status: Withdrawn by plaintiff
Plaintiff Cyd Duffin, principal of Colony High School in Palmer, Alaska sued MySpace and several John Doe defendants in California, where the company is based, over a fake profile created on the social networking site in her name which claimed that she went to strip clubs after school hours and was a member of the Klu Klux Klan. Duffin dropped the suit after the creators of the fake profile confessed and were punished by the school.
Links and Court Documents:
http://www.dailybreeze.com/ci_11977752
http://chs.matsuk12.us/knightlynews/2008-2009/Dec2008.pdf
http://splc.org/newsflash.asp?id=1935
Status: Withdrawn by plaintiff
Plaintiff Cyd Duffin, principal of Colony High School in Palmer, Alaska sued MySpace and several John Doe defendants in California, where the company is based, over a fake profile created on the social networking site in her name which claimed that she went to strip clubs after school hours and was a member of the Klu Klux Klan. Duffin dropped the suit after the creators of the fake profile confessed and were punished by the school.
Links and Court Documents:
http://www.dailybreeze.com/ci_11977752
http://chs.matsuk12.us/knightlynews/2008-2009/Dec2008.pdf
http://splc.org/newsflash.asp?id=1935
Subscribe to:
Posts (Atom)