Text

Town of Southborough v. MySouthborough.com

Date: 

09/22/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

MySouthborough.com; Susan Fitzgerald

Type of Party: 

Government

Type of Party: 

Individual

Legal Counsel: 

Pro Se

Publication Medium: 

Blog

Status: 

Pending

Description: 

In September and October 2009, Aldo Cipriani, Town Counsel for Southborough, MA, exchanged letters with Susan Fitzgerald, publisher of MySouthborough.com, a blog dedicated to local politics. Cipriani's letters requested that Fitzgerald turn over the identity of a commenter going by the moniker "Marty" and cautioned Fitzgerald to "more closely monitor remarks made on the communication site ensuring that when individuals speak to issues they do so accurately and without false allegations of violating state law." A letter from late October also advised her to retain records of IP addresses and other information.

According to the Boston Globe, the dispute revolves around meetings of a search committee set up to select a new police chief:

Marty’s posts questioned whether certain search committee meetings held in executive session, behind closed doors, violated the state’s open meeting laws. The posts insinuated the committee had unfair partiality toward the police force’s interim chief, Jane Moran, during the search process. The longtime department veteran was hired for the permanent position in November. (source)

According to MetroWest Daily News, Cipriani's September 22 letter asserted that "[c]ertain comments have been made about the citizen volunteer duly-appointed Police Chief Search Committee wrongly suggesting improprieties under state law," and asked "that you . . .  furnish the contact information for 'Marty' and/or his attorney so that we may raise our concerns directly." 

In a September 30 response, Fitzgerald refused to turn over Marty's identity.  She later told the Globe that she considered Marty's statements expressions of opinion, noting that “I may not agree, but I believe it is the commenter’s right to say it.’’  

The issue resurfaced in March when Selectmen Sal Giorlandino and Bonnie Phaneuf said recent comments posted under a police lieutenant story compelled them to consider legal action.  Selectman Giorlandino told the Globe: "References that say I'm not masculine enough to do my job, and another reference that involved burning Bonnie's (Phaneuf) undergarments, went over the line."

Jurisdiction: 

Content Type: 

Subject Area: 

Collins v. Federated Publications, Inc.

Date: 

02/09/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Purdue University; Board of Trustees of Purdue University; Purdue University Police Department; Stephen J. Akers; Lyman (Trea) R. Mitten, III; Jeanne V. Norberg; Alice M. D'Amore; Jane Does; John Does; Gary K. Evans; John K. Cox; Carrie K. Costello;

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Large Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Northern District of Indiana

Case Number: 

4:09-cv-12

Legal Counsel: 

Jan M Carroll, Kara M Kapke - Barnes & Thornburg LLP (for Federated Publications, Inc.); Christina A Wright, Trenten D Klingerman - Stuart & Branigin LLP (for Purdue, Akers, Mitten, Norberg, Evans, Cox, Costello, Davis, Wietbrock); Wayne T Szulkowski

Publication Medium: 

Social Network
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (partial)

Description: 

Timothy Collins, a former student of Purdue University, sued Federated Publications, publisher of the Journal & Courier newspaper, Purdue University, university officials, and others over allegedly defamatory statements in an article published on the newspaper's website, in anonymous comments to that article, and on Facebook. 

According to court documents, the dispute revolved around a Journal & Courier article, "Student Who Reported Mugging Charged," which stated that Collins had been charged with misdemeanor false informing in connection with the investigation of the disappearance of another Purdue student.  Comments posted to the article and on Facebook allegedly linked Collins to the disappearance.  The complaint included claims for libel, false light, intentional infliction of emotional distress, and negligent infliction of emotional distress.  

Federated Publications moved for judgment on the pleadings, and the court granted dismissal of all claims against it.  The court found that claims based on certain statements were barred by the statute of limitations, that Collins failed to make out a claim for intentional or negligent infliction of emotional distress, that the Journal & Courier article was substantially true, and that Section 230 of the Communications Decency Act protected Federated for claims based on its users' comments.

Jurisdiction: 

Content Type: 

Subject Area: 

Roebuck v. Trib Total Media, Inc.

Date: 

01/12/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Trib Total Media, Inc.; James Cuddy, Jr.; Frank Craig; John Doe a/k/a "None"

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Court of Common Pleas of Allegheny County, Pennsylvania

Case Number: 

GD-10-000727

Legal Counsel: 

Ronald Barber

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Description: 

Karen Roebuck, a former employee of the Pittsburgh Tribune-Review, commenced legal action against Tribune-Review publisher Trib Total Media, two of its editors, and a John Doe defendant over comments posted to the unaffiliated VoyForums site,  self-described as "a forum to talk about issues affecting the Pittsburgh media scene."

Roebuck used an unusual procedure which allows her to commence the action using a "writ of summons" without filing a complaint.  In a motion to extend time to file a complaint, Roebuck indicated that she intends to bring a libel action based on two statements posted on VoyForums by an unknown person using the pseudonym "None."   The court granted Roebuck 60 days to conduct discovery in support of filing a complaint.

In February 2010, Roebuck served a subpoena on VoyForums seeking documents showing the IP address for "None."  VoyForums posted a notice on its forum indicating that it would comply with the subpoena unless someone came forward to file a motion to quash within 30 days.

Defendants Trib Total Media, Frank Craig, and James Cuddy filed a motion to quash the subpoena on March 26, 2010, and supplemented it with a brief on April 5. The brief argues that the subpoena is a "nullity" because it was served on VoyForums, which is based in California, without issuing from a California court.  It also argues that Roebuck has not made the showing required to unmask a pseudonymous speaker under Melvin v. Doe, 49 Pa. D. & C. 4th 449 (Allegh. Co. 2000).

Jurisdiction: 

Content Type: 

Subject Area: 

Scott P. v. Craigslist, Inc.

Date: 

02/05/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Craigslist, Inc.; Foster Dairy Farms; Foster Poultry Farms; Michael O. Simpson; Albert Carreno; Does 1 through 100

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of the State of California, County of San Francisco

Case Number: 

CGC-10-496687

Legal Counsel: 

Elizabeth L. McDougall, Philip A. Leider, Liling Poh - Perkins Coie LLP

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

In February 2010, Scott P., an unnamed plaintiff proceeding anonymously, filed a lawsuit against Craigslist and other defendants in California state court after his co-workers allegedly posted a series of Craiglist ads impersonating him.

The complaint alleges that, in March 2009, co-workers posted a series of ads on the "casual encounters" section of Craigslist pretending to be Scott P. looking for gay sex. Scott P. complained to Craigslist several times asking the site to remove the ads and to prevent future ads impersonating him.  According to the complaint, Craigslist staff removed the ads and assured him that they would "take care of it," which he understood as an undertaking to prevent further harassing posts. 

Despite these communications, a number of additional posts appeared in April 2009.  These ads gave Scott P.'s name, phone number and home address and "invit[ed] people to go to [Scott P.'s] home with friends to pick up large, heavy furniture and items for free or at very low prices." According to the complaint, approximately 50 to 60 people appeared at Scott P.'s home as a result of the ads and "entered onto his real property and demanded the free property advertised on . . . Craigslist."

Scott P. asserted a number of claims against his co-workers and employer over the fake ads, including defamation, false light, intrusion, publication of private facts, and discrimination. With respect to Craigslist, Scott P. asserted a claim for promissory estoppel, alleging that he reasonably relied on Craiglist promise that it would prevent future fraudulent postings in his name. (This may be the first case we've seen relying on Barnes v. Yahoo! to get around Section 230 of the Communications Decency Act.) Scott P. also asserted a claim for "unfair competition" against Craigslist. 

In March, Scott P. dismissed his employer Foster Farms from the case.

Update:

5/3/2010 - Craigslist filed a demurrer to the complaint.

5/17/2010 - Scott P. filed a response

5/25/2010 - Craigslist filed a reply

6/2/2010 - The court held a hearing and overruled the demurrer on the promissory estoppel count, holding that the complaint "sufficiently pleaded an agreement supported by promissory estoppel." The court granted a temporary stay of discovery to allow Craigslist to file a writ of petition to the Court of Appeal. 

Jurisdiction: 

Content Type: 

Subject Area: 

Levitt v. Yelp! Inc.

Date: 

03/12/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Yelp! Inc.; Does 1-100

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Superior Court of the State of California, County of San Francisco

Case Number: 

CGC-10-497777

Legal Counsel: 

Michael G Rhodes - Cooley Godward Kronish LLP

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Description: 

Boris Levitt, owner of Renaissance Furniture Restoration in San Francisco, brought a class action lawsuit against Yelp! Inc. in California state court, alleging violations of California unfair competition law and negligent and intentional misrepresentation. The lawsuit came weeks after other small business owners filed similar lawsuits against Yelp in federal court in California. 

Like the other class action complaints, Levitt's complaint alleges that Yelp runs an extortion scheme, in which Yelp! supposedly promises to positively manipulate user reviews in exchange for the purchase of advertising, and implicitly threatens to detrimentally manipulate reviews if business owners refuse. Specifically, Levitt claims that a number of positive reviews about his business disappeared days after he declined a request to purchase advertising on Yelp. The complaint also alleges that Yelp misrepresents that its reviews are unbiased, causing injury to Levitt's business.

On March 30, 2010, Yelp removed the case to federal court, where it presumably will be consolidated with the other class action lawsuits.

Yelp CEO Jeremy Stoppleman has repeatedly denied moving reviews around to reward advertisers and punish non-advertisers.

Jurisdiction: 

Content Type: 

Subject Area: 

LaPausky v. Yelp! Inc.

Date: 

03/03/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Yelp! Inc.

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Central District of California

Case Number: 

2:10-cv-01578

Legal Counsel: 

Sarah Ruth Boot, Matthew Dean Brown, Benjamin H Kleine, Michael G Rhodes - Cooley Godward Kronish LLP

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Description: 

Christine LaPausky, owner of the D'ames Day Spa in San Diego, brought a class action lawsuit against Yelp! Inc. in California federal court, alleging violations of California unfair competition law. The lawsuit came days after another small business owner filed a similar class action complaint against Yelp

The complaint is substantially similar to the first class action complaint and alleges an extortion scheme, in which Yelp! supposedly promises to positively manipulate user reviews in exchange for the purchase of advertising, and implicitly threatens to detrimentally manipulate reviews if business owners refuse.  Like the first complaint, this one relies heavily on press accounts detailing complaints from other businesses about the alleged extortionate behavior. 

Yelp CEO Jeremy Stoppleman responded with a blog post calling the allegations "false and easily refuted." He added:

These copy cat suits get filed in what is known as a "race to the courthouse," where lawyers jockey to be named the lead lawyer of the case and take the biggest share of legal fees; being among the first to file a suit increases the chance of being put in charge of the case.

So, as I said: it's not a surprise to see another such frivolous suit. In fact, it's kind of expected.

This doesn't change a thing however: this suit, like the other, is without merit, we will fight it aggressively and we believe we will win.

This case presumably will be consolidated with the other class action lawsuit pending in the same district court.

Jurisdiction: 

Content Type: 

Subject Area: 

Palm Coast Travel v. Elliott

Date: 

12/29/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Christopher Elliott; Peter Lay

Type of Party: 

Organization

Type of Party: 

Individual

Court Name: 

Circuit Court of the 15th Judicial Circuit in and for Palm Beach, County, Florida

Case Number: 

50 2009 CA 043673

Legal Counsel: 

Gregory W. Herbert, J. Seth Galloway - Greenberg Traurig, P.A. (for Elliott); David Paul Bradley - Cole, Scot & Kissane, P.A. (for Lay)

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

Palm Coast Travel sued travel journalist Chris Elliott after he reported Elliott.org that Florida regulators had warned three travel insurance agencies, including Palm Coast, that offering policies from bankrupt Prime TravelProtection Services might violate state law. The complaint includes claims for defamation and tortious interference with contract.

In a March 2009 blog post, Elliott quoted a Florida Department of Financial Services spokeswoman as saying the state had ordered the agencies to “stop transacting business” and that “they’re on notice that further activity is pending [by the state]." Florida then issued a press release that clarified what steps regulators had taken: “As a result of ongoing investigations into complaints about the sale of unauthorized travel insurance in Florida, Chief Financial Officer Alex Sink has notified three travel agencies that she intends to order them to stop selling insurance.” Elliott added this information as an update to his post.

In December 2009, Palm Coast sued Elliott claiming that his reporting defamed the company:

Elliott included among his reporting recent regulatory investigations of customer complaints regarding Prime Travel Protection and Jerry Watson. Elliott’s reporting included publication of false information regarding Palm Coast, which has and will continue to damage Palm Coast’s business unless it is properly remedied.

Among the statements Elliott published were falsehoods that stated that Palm Coast had been ordered to cease doing business by the State of Florida. No such order exists, and therefore that report was false.

Further, Elliott, when purporting to “clarify” his deliberately false statement regarding the State of Florida’s investigation of travel insurance, did not fully remedy the false impression he fostered regarding Palm Coast’s role.

Elliott’s falsehoods were directed at, among other aspects of Palm Coast’s business, its reputation in the trade or industry of travel. Moreover, Elliott did not properly correct, clarify, or retract his falsehoods, despite proper notice.

In the same lawsuit, Palm Coast also sued Peter Lay, one of its customers, for allegedly making false statements to Florida regulators about his experience with Palm Coast.

In March 2010, both Elliott and Lay filed motions to dismiss the complaint, arguing that it fails to state a cause of action for defamation or tortious interference. Lay also argued that the court lacks personal jurisdiction over him.

Update:  On June 26, 2010, Elliott announced on his blog that the case had settled:

I offered my apologies for passing along the wrong information, however unintentional. Lee Smolinski, Palm Coast Travel's president, accepted. 

Jurisdiction: 

Content Type: 

Subject Area: 

Xcentric Ventures LLC v. Bird

Date: 

01/21/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Sarah L. Bird, John Doe Bird, SEOMONZ, Inc. d/b/a SEOMonz.org

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Arizona

Case Number: 

CV 09-1033-PHX-ROS

Legal Counsel: 

Debora Lynn Verdier and Mark G Worischeck, Sanders & Parks PC

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

On January 21, 2009, plaintiffs Xcentric Ventures, LLC and Edward
Magedson, operators of the website RipOffReport.com, filed a complaint
in Arizona state court against defendants Sarah L. Bird and John Doe
Bird, as well as their company, SEOMONZ, Inc. d/b/a SEOMonz.org.  The
Complaint asserted a claim for defamation, based statements made by Ms. Bird in an article on the SEOMonz.org website entitled "The Anatomy of a RipOff Report Lawsuit."  According to the Complaint, the article made false and libelous statements about the plaintiffs, including the "implication" that "Rip-Off Report is actually drafting 'defamatory titles'" that appear on the Rip-Off Report website, as well as advice to readers suing Rip-Off Report that they should "'allege that the website created and/or substantially altered the meaning of the content', regardless of whether they have actual evidence of that fact."  The Complaint futher cited the "implication" from the article that "the plaintiffs and attorneys who have sued Rip-Off Report for violations of the RICO Act have had a legitimate basis for making these allegations."

On May 14, 2009, defendants removed the case to federal court and filed a Motion to Dismiss for lack of personal jurisdiction.  On February 4, 2010, the District Court granted defendants' motion, holding that defendants actions were not "expressly aimed" at Arizona, and that plaintiffs failed to show a connection between the alleged tort (the publication of an article containing allegedly defamatory statements) and the forum (Arizona), other than plaintiffs' residence in the state. Plaintiffs have appealed the case to the Ninth Circuit.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Blog Post

Righthaven LLC v. MoneyReign, Inc.

Date: 

03/13/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

MoneyReign, Inc.

Type of Party: 

Organization

Type of Party: 

Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Nevada

Case Number: 

2:10-cv-0350

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

Righthaven LLC, a Las Vegas company associated with Las Vegas Review-Journal owner Stephens Media LLC, filed a copyright infringement lawsuit against MoneyReign, Inc., a New Jersey corporation that runs CasinoReign.com, a website which publishes "gambling & casino news."  The complaint, filed in federal court in Nevada, alleges that MoneyReign posted a copy of a Review-Journal article, "All's fair in Super Bowl prop bets," on CasinoReign.com without permission.

The CasinoReign.com website was not loading as of the time of writing.

Jurisdiction: 

Content Type: 

Subject Area: 

Righthaven LLC v. NORML

Date: 

03/15/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

National Organization for the Reform of Marijuana Laws

Type of Party: 

Organization

Type of Party: 

Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Nevada

Case Number: 

2:10-cv-0351

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Righthaven LLC, a Las Vegas company associated with Las Vegas Review-Journal owner Stephens Media LLC, filed a copyright infringement lawsuit against the National Organization for the Reform of Marijuana Laws (NORML) on March 15, 2010.  The complaint, filed in federal court in Nevada, alleges that NORML reproduced a copy of a Review-Journal article, "Marijuana as medicine," on NORML's website without permission.

A spokesperson for NORML told the Las Vegas Sun that Righthaven "seems to have sued the wrong entity since NORML receives its news feed from a company called MAP Inc., which is the Media Awareness Project and calls itself a worldwide network dedicated to drug policy reform." 

Jurisdiction: 

Content Type: 

Subject Area: 

Kehoe v. Craigslist

Date: 

03/01/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Craigslist, Inc.; Jane Doe

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Supreme Court of the State of New York, Queens County

Publication Medium: 

Forum

Status: 

Pending

Disposition: 

Material Removed

Description: 

Leo Kehoe, a Queens accountant, sued Craigslist, Inc. in New York state court after an anonymous individual posted ads on Craigslist calling him a "crook" and a "fraudulent scumbag." Kehoe also sued the anonymous poster. According to Gothamist, the postings have since been removed and the following were posted in their place: "Leo Kehoe is a great CPA. He charged me a lower fee than what I had payed with someone else and he did a much better job" and "Leo Kehoe: Much better than Cats. I'm going to see him again and again."  These postings have expired.

Kehoe's lawyer told the Daily News: "Craigslist should have known the posting was false and untrue and would subject Kehoe to 'ridicule, disgrace and prejudice.'"  The claim against Craigslist will almost certainly be dismissed under Section 230 of the Communications Decency Act.

Jurisdiction: 

Content Type: 

Subject Area: 

Thompson v. Shawty The Comedian

Date: 

03/19/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Doe a/k/a Shawty Shawty, Shawty The Comedian, and Shawty Champagne

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of Fulton County, State of Georgia

Case Number: 

2010CV183037

Publication Medium: 

Micro-blog

Relevant Documents: 

Status: 

Pending

Description: 

Tina Thompson, an exotic dancer who performs under the stage name "Nairobi," filed a lawsuit in Georgia state court against a comedian going by the names "Shawty The Comedian," "Shawty Shawty," and "Shawty Champagne." Thompson claims that Shawty posted a message to his Twitter page falsely claiming that she is a man. According to the complaint, which includes claims for libel, false light, and intentional infliction of emotional distress, Shawty's tweet caused Thompson to lose nearly all her clientele and income, and resulted in Thompson receiving threats of bodily harm. 

Jurisdiction: 

Content Type: 

Subject Area: 

Williams-Sonoma, Inc. v. Knock Off Wood

Date: 

03/04/2010

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Ana White d/b/a Knock Off Wood

Type of Party: 

Large Organization

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Material Removed

Description: 

On March 4, 2010, a lawyer representing Williams-Sonoma, Inc. sent a demand letter to Ana White, a rural Alaskan housewife and publisher of Knock Off Wood, a blog that teaches readers how to build designer-looking furniture at home.  The letter claimed that White's blog infringed and diluted Williams-Sonoma's Pottery Barn trademarks by referring to Pottery Barn products names in the course of explaining how to make similar looking products. The letter also claimed that White infringed Williams-Sonoma's copyrights in catalog photographs by displaying them on the blog. 

White took the letter in good spirits: 

This is perhaps the biggest compliment that I have ever received!  A gigantic corporation  is THREATENED by a housewife that lives 100 miles from a stoplight, 1000s of miles from a Pottery Barn store, most of the time in her bathrobe (right now included), who writes a simple blog that makes NO money.

And you should really pat yourself on the back, too!  You building furniture has made this gigantic corporation take note and hand write a letter! (source)

White decided to take down the photographs and product name references, presumably ending the matter. 

Jurisdiction: 

Content Type: 

Subject Area: 

Lee v. Young, Black, and Fabulous

Date: 

03/05/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Natasha Eubanks; Young, Black, and Fabulous, LLC

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Superior Court of Fulton County, State of Georgia

Case Number: 

2010cv182439

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

In March 2010, Latosha Lee sued celebrity gossip blog Young, Black, and Fabulous and its author in Georgia state court.  The complaint alleges that blogger Natasha Eubanks defamed Lee by calling her "Shaq's stripper mistress," when in fact she has never worked as a stripper.  The complaint also alleges that the blog invaded her privacy by publishing copies of personal emails and photographs "obtained illegally and as a result of unauthorized access to the personal email account of the recipient."  In addition, the complaint includes a copyright infringement claim for unauthorized distribution of three photographs taken by Lee. 

Jurisdiction: 

Content Type: 

Subject Area: 

Global Wildlife Center v. Hammond Action News

Date: 

03/01/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Nicholas Brilleaux d/b/a Hammond Action News

Type of Party: 

Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

21st Judicial District Court, Parish of Tangipahoa, State of Louisiana

Legal Counsel: 

J. Parker Layrisson

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Injunction Denied
Injunction Issued

Description: 

Global Wildlife Center, a wildlife preserve in Folsom, Louisiana, sued Nicholas Brilleaux, publisher of the Hammond Action News blog, after he published a satirical article about a fake giraffe attack at the preserve. Hammond Action News publishes Onion-style fake news stories about regional happenings in the Hammond area northwest of New Orleans.

On March 2, 2010, Judge Brenda Bedsole Ricks of the 21st Judicial District Court in Amite, Louisiana granted Global Wildlife Center a temporary restraining order requiring Brilleaux to remove the story from his blog. 

Brilleaux's lawyer told the First Amendment Center that the restraining order was issued without a hearing. The court will hold a hearing on Global Wildlife Center's request for a preliminary injunction on March 15, 2010.  The ACLU filed an amicus curiae brief in support of Brilleaux, arguing that the First Amendment protects his satirical work.

Update:

03/15/2010 - District Judge Beth Wolfe dissolved the temporary restraining order and denied the request for a preliminary injunction. The court also ordered Global Wildlife to pay Brilleaux $500 in attorneys' fees and court costs.

03/01/2013 - about three years after the dissolution of this case, Ken Matherne, the owner of the Global Wildlife Center, sent an email to Ken White of the blog Popehat, threatening legal action for his blog post from March 2010 concerning this case. 

3/06/2013 - the website Techdirt, after reporting on the threat received by Ken White from Ken Martherene, received a similar threat via email.

Jurisdiction: 

Content Type: 

Subject Area: 

Citizens United v. Wisconsin Democracy Campaign

Date: 

03/10/2010

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Wisconsin Democracy Campaign

Type of Party: 

Organization

Type of Party: 

Organization

Publication Medium: 

Social Network
Website

Relevant Documents: 

Status: 

Pending

Description: 

On March 10, 2010, a lawyer representing the conservative non-profit organization Citizens United sent a demand letter to Mike McCabe, director of the Madison-based Wisconsin Democracy Campaign.  The letter claimed that Wisconsin Democracy Campaign's "Citizens United Against Citizens United" facebook page and online petition, which were created to galvanize opposition to the Supreme Court's controversial decision in Citizens United v. FEC (large pdf), infringed Citizens United's trademark in its name.  The letter demanded that Wisconsin Democracy Campaign cease all use of the trademark and destroy any writings and/or articles bearing the trademark.

Jurisdiction: 

Content Type: 

Subject Area: 

France v. Weiler

Date: 

09/28/2008

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Joseph Weiler

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

International

Court Name: 

Paris Criminal Tribunal

Publication Medium: 

Website

Status: 

Pending

Description: 

In September 2008, New York University law professor Joseph Weiler was summoned to appear before a French Examining Judge in connection with a complaint of alleged criminal libel made by Dr. Karin Calvo-Goller, a senior lecturer at the Academic Centre of Law and Business in Israel.  Professor Weiler will appear for trial before the Paris Criminal Tribunal in June 2010.

Professor Weiler is the editor in chief of the European Journal of International Law and the affiliated book review sites, Global Law Books and European Law Books. In 2007, Global Law Books published a book review written by Professor Thomas Weigend, Director of the Cologne Institute of Foreign and International Criminal Law and Dean of the Faculty of Law at the University of Cologne.  Professor Weigend reviewed Dr. Calvo-Goller's book, The Trial Proceedings of the International Criminal Court. ICTY and ICTR Precedents, and criticized it as an "exercise in rehashing the existing legal set-up" and "unproductive," among other things. 

In June 2007, Dr. Calvo-Goller wrote to Professor Weiler in his capacity as editor of Global Law Books, requesting that he remove Professor Weigend's review from the site. Her letter detailed several perceived factual inaccuracies in the review, claiming that it went "beyond the expression of an opinion, fair comment and criticism" and contained "false factual statements which the author of the review, a professor of criminal law, could not reasonably believe to be true." It also claimed that "[t]he review is an indirect insult to former ICTY and actual ICC officials, defense counsel of the ICTY and ICTR, who took the time to read and comment on previous drafts of the book."

In a response to Dr. Calvo-Goller, Professor Weiler declined to remove the review, expressing his sympathy for Dr. Calvo-Goller's hurt feelings, but also pointing out the unorthodox character of the request:

 I have seen all manner of reviews and from time to time received letters from unhappy authors. In these long years of experience I have never received a letter such as yours both in content and tone. It departs from what in my view are considered common conventions of academic discourse and academic publication.

. . . 

It is a very extreme request to ask for a critical review to be removed. I could imagine acceding to such a request only in most egregious circumstances of, say, bad faith, conflict of interest etc. In reviewing a complaint such as yours the task of the editor is not to engage in a de novo review, but to assess whether the review falls into one of those extreme categories of egregious unreasonableness.

After noting Professor Weigend's distinguished professional credentials and addressing each specific factual/substantive contention in turn, Professor Weiler concluded that removing the review was not justified:

My conclusion from this preliminary enquiry is that the heavy burden needed in my eyes to suppress a book review has not been met. In fact not even a prima facie case has been made. I found nothing to impugn the integrity or professionalism of the reviewer and, independently of whether or not I share his opinions or conclusions on your book, I must decline your request to suppress the book review by removing it from the site. 

Professor Weiler also explained that he would forward Dr. Calvo-Goller's comments to Professor Weigend and would consider a request by Professor Weigend, if any, to change the review. Professor Weiler also pointed out the comment feature on the website and suggested that it would be "perfectly in order for you to write a comment which, after editorial approval, could be posted on the website and seen by anyone who reads the review."

Professor Weigend declined to make any changes, Dr. Calvo-Goller posted no comment, and Professor Weiler stood by Professor Weigend's decision.

Jurisdiction: 

Content Type: 

Subject Area: 

O'Malley v. Liner

Date: 

02/22/2010

Threat Type: 

Denial of Access

Party Receiving Legal Threat: 

Jay Liner

Type of Party: 

Government

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Maryland Circuit Court for Anne Arundel County

Case Number: 

02C10149414

Legal Counsel: 

Howard E. Goldman, Rochlin & Goldman, P.A.; Eric B. Easton, University of Baltimore School of Law

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

Blogger Jay Liner of the Baltimore Organ sought a press pass to cover the Maryland state legislature, but was denied. He then filed a lawsuit, claiming that the denial violated his First Amendment rights.

Liner, a former Baltimore County Attorney who writes on various topics including politics, sought a press pass from Maryland Governor Martin O'Malley's press office so that he could interview legislators throughout the 2010 legislative session.  The press credentials allow their holder to bypass security and to enter the floors of both legislative houses.

According to an aide to State Senator James Brochin, who assisted Liner in applying for credentials via the state's interim process currently in effect, the Governor's press office denied the application on several grounds, including that the Baltimore Organ has "no original content regarding state government."

Liner then filed a lawsuit against Governor O'Malley on February 22, 2010, arguing that the press office's denial of his credentials, along with the state's failure establish an orderly and public procedure for obtaining credentials, violate the First and Fourteenth Amendments of the U.S. Constitution. The lawsuit seeks a writ of mandamus requiring the Governor's office to issue the press pass.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

George Logan v. Fred Ross

Date: 

01/07/2010

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Fred Ross; Does I-XX

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of the State of California, County of Merced

Case Number: 

CV000745

Publication Medium: 

Print
Website

Relevant Documents: 

Status: 

Pending

Description: 

In January 2010, George Logan, City Attorney for Patterson, California, filed a lawsuit against John Doe defendants individually and collectively referring to themselves as "Fred Ross" over statements appearing on the Patterson IrriTator website and in comments posted to the Patterson Irrigator's website. According to the complaint, filed in California state court, the statements in question asserted that Logan was "in the pocket of developers" and a "joke."  The complaint includes claims for libel and conspiracy to libel.

A post on the Patterson IrriTator recommends that readers refrain from posting comments on the website "if you are concerned about your identity being revealed."

Update: 

03/10/2010-Fred Ross filed a motion to strike the complaint under California's anti-SLAPP law.

Jurisdiction: 

Content Type: 

Subject Area: 

McVicker v. Trib Total Media, Inc.

Date: 

01/22/2010

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Trib Total Media, Inc.

Type of Party: 

Individual

Type of Party: 

Organization
Media Company

Court Type: 

Federal

Court Name: 

United States District Court for the Western District of Pennsylvania

Case Number: 

2:09-cv-00436

Legal Counsel: 

Ronald Barber

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Concluded

Disposition: 

Subpoena Quashed

Description: 

William McVicker subpoenaed Trib Total Media, publisher of the South Hills Record and YourSouthHills.com, for "information that would disclose the true identities" of the users of seven identified screen names. McVicker, the plaintiff in an employment discrimination case, sought the identities of the posters in order to impeach the testimony of city council members who made the decision to fire him.  The United States District Court for the Western District of Pennsylvania denied McVicker's motion to compel the newspaper to turn over identifying information.

Jurisdiction: 

Content Type: 

Subject Area: 

Pages

Subscribe to RSS - Text