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Home > Clem v. Richmond Register

Clem v. Richmond Register [1]

Submitted by DMLP Staff on Thu, 01/07/2010 - 19:22

Summary

Threat Type: 

Subpoena

Date: 

08/25/2008

Status: 

Pending

Location: 

Kentucky

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
A Kentucky college student who was kicked out of a mall for wearing a short dress issued a subpoena to the Richmond Register seeking the identity of an anonymous poster on the newspaper's website.  The subpoena was issued in connection with a... read full description
Parties

Party Receiving Legal Threat: 

Richmond Register

Type of Party: 

Individual

Type of Party: 

Media Company

Location of Party: 

  • Kentucky

Location of Party: 

  • Kentucky

Legal Counsel: 

Wesley Browne

Legal Counsel: 

Kenyon Meyer
Description

A Kentucky college student who was kicked out of a mall for wearing a short dress issued a subpoena to the Richmond Register seeking the identity of an anonymous poster on the newspaper's website.  The subpoena was issued in connection with a case filed in Kentucky state court against the anonymous commenter for allegedly posting a defamatory comment about her on the Richmond Register's site on Aug. 13, 2008, under a story about the mall incident. According to the complaint, the commenter, identified only as 12bme, claimed Clem was kicked out because she exposed herself to another woman and her children. 

The newspaper subsequently deleted the comment and banned 12bme from the site for violating the site's terms of service. According to the Student Press Law Center, the newspaper opposed Clem's subpoena, claiming that the identity of the commenter  should fall under the Kentucky's reporter shield law because a Register reporter wrote an article about the lawsuit, which mentioned the comment.

Related Links: 

  • Bluegrassbeat: Short-dress wearer sues over Web posting [2]
  • The Richmond Register: You can buy it at the mall, but you can't wear it there (original story) [3]
  • The Richmond Register: Woman sues over Web site posting [4]
  • Student Press Law Center: Ky. student sues anonymous poster over allegedly defamatory comments on paper's Web site [5]
  • WKYT: Lawsuit filed over remarks on Web [6] (video)
  • Social Media Explorer: Newspapers: Stop Hiding Behind The First Amendment [7]
  • Reporter's Committee for Freedom of the Press: Kentucky lawsuit seeks anonymous commenter's identity [8]
Details

Web Site(s) Involved: 

http://www.richmondregister.com/ [9]

 

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
  • False Light
  • Anonymity
  • User Comments or Submissions
Court Information & Documents

Jurisdiction: 

  • Kentucky

Source of Law: 

  • Kentucky

Court Name: 

Madison Circuit Court

Court Type: 

State

Case Number: 

08-CI-01296
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

6/28/09 AVM - court website has no images, nothing in W, similar to the LVR case 

6/24/09 CMF

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/clem-v-richmond-register

Links
[1] https://www.dmlp.org/threats/clem-v-richmond-register
[2] http://bluegrassbeat.bloginky.com/2008/08/28/short-dress-wearer-sues-over-web-posting/
[3] http://www.richmondregister.com/localnews/local_story_225080948.html
[4] http://www.richmondregister.com/localnews/local_story_239083002.html
[5] http://www.splc.org/newsflash.asp?id=1933
[6] http://wkyt.videogenesis.net/watch?v=6346
[7] http://www.socialmediaexplorer.com/2009/06/30/newspapers-stop-hiding-behind-the-first-amendment/
[8] http://www.rcfp.org/newsitems/index.php?i=10863
[9] http://www.richmondregister.com/