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Moore v. Jezebel.com

Date: 

12/15/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Jezebel.com; Anna Holmes

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

In December 2009, counsel for Demi Moore sent a demand letter to Anna Holmes, Editor-In-Chief of Jezebel.com, in regard to a Jezebel post from November that speculated about whether Moore's cover photo for W Magazine had been photoshopped because of an extremely skinny looking left hip. 

The letter asserted that the post defamed Ms. Moore by suggesting that she "secretly uses extraordinary artificial means to alter her appearance," and by insinuating that Ms. Moore had been untruthful in informing people that the image accurately reflected her body and hip. The letter also enclosed supporting letters from W's Creative Director Dennis Freedman and from Mert Alas and Marcus Piggott, the photographers who took the photo. Freedman's letter stated that "no one at the magazine did any retouching of the image of Demi Moore," and the photographers' letter said "there was ABSOLUTELY no retouching on her lips or waist or legs!!"

Moore's letter demanded an apology and retraction, and that Jezebel.com remove all false and defamatory statements about Ms. Moore or the photo from the website.  The letter also warned: "Confidential Legal Notice, Publication or Dissemination Is Prohibited." 

In response, Jezebel.com posted the letter and wrote a follow-up piece on the situation.  No photos or statements were removed, but Holmes did publish an apology, of sorts:

That said, we would like to take this opportunity to sincerely apologize if we cast aspersions on, or in any way hurt the feelings of Ms. Moore's left hip, waist, or legs. Our only intention was to call attention to distorted and disturbing-looking magazine covers... and the editors, photographers, art directors and retouchers who commission and create them.

Moore's counsel sent a nearly identical letter to Boing Boing and fashion photography blogger Anthony Citrano.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Stone v. Hipcheck16

Date: 

04/01/2009

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Paddock Publications, Inc., d/b/a The Daily Herald; Hipcheck16

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Circuit Court of Cook County, Illinois

Case Number: 

2009L005636

Legal Counsel: 

Michael Furlong (for Hipcheck16)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Subpoena Enforced

Description: 

In November 2009, an Illinois Circuit Court judge ruled that Buffalo Grove Village Trustee Lisa Stone was entitled to pre-suit discovery of the identity of "Hipcheck16," an anonymous commenter who allegedly defamed her son in the comments section of a Daily Herald article.  The comments in question arose in the course of a heated political debate between Hipcheck16 and Ms. Stone's son:

The comments at the heart of the case came at the end of a series of posts between Hipcheck16 and Stone's son, who was concerned about online remarks the teen regarded as critical of his mother.

At one point, the teen asked to know the poster's identity and challenged him to debate the issues in person.

Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

The post then continues with references to the boy's "mommy," saying that statements made by her son may cause her political problems after her election, according to court records. (Chicago Breaking News)

According to Chicago Breaking News, the newspaper turned over Hipcheck16's IP address, and Stone sought his identity from Comcast.  Although the record is not entirely clear, it looks like counsel for Hipcheck16 then intervened and sought a protective order, which the court denied in November 2009, though the court ruled that only Stone and a process server—should she file eventually file a lawsuit—could learn of Hipcheck16's identity.  

Later in November, the court granted a stay of the order for a month, to give Michael Furlong, Hipcheck16's lawyer, time to appeal.  Furlong told Chicago Breaking News that he intended to appeal.

Update:

03/15/2010 - EFF and The Media Freedom and Information Access Practicum filed an amicus curiae brief in support of Hipcheck16's appeal.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Vision Media TV Group v. Forte

Date: 

03/09/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Julia Forte; Julia Forte d/b/a www.800Notes.com Advent LLC

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of Florida

Case Number: 

9:09-cv-80396

Legal Counsel: 

Paul Alan Levy, Deepak Gupta - Public Citizen Litigation Group; Judith M. Mercier - Holland & Knight, LLP

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Description: 

In February 2009, Vision Media TV, a company that makes video segments that advertise nonprofit companies, sued Julia Forte, who runs the website 800Notes, a forum site on which members of the public can discuss telemarketing companies and practices. Vision Media filed suit in federal district court in Florida after Forte refused to identify users who posted critical comments about the company and to remove the postings. The complaint, which has been amended several times, currently includes claims for libel, trademark dilution under Florida law, and "defamation by implication."

In January 2010, Forte moved to dismiss the complaint, or alternatively for summary judgment.  She argued, among other things, that the court lacked personal jurisdiction over her, and that Section 230 of the Communications Decency Act immunized her for publishing the statements of her users.  In an unusual move, Vision Media TV moved to strike Forte's motion to dismiss because her counsel posted the motion papers on the Public Citizen Litigation Group website. 

Update:

1/27/10 - Forte filed an Opposition to Motion to Strike and for Gag Order.

2/04/10 - The Court denied the Motion to Strike. 

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

2/19/10 -AVM added motion to strike denial

Priority: 

1-High

Florida Court Restricts Reporter's Use of Laptop During Murder Trial

As if there hasn't been enough judicial scrutiny of live media coverage during ongoing trials recently, last week a Florida court banned a Florida Times-Union reporter from live-blogging during a high-profile murder trial in the Fourth Judicial Circuit Court of Duval County, Florida.

Jurisdiction: 

Content Type: 

Subject Area: 

Levinson Axelrod v. Heyburn

Date: 

11/04/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Edward Harrington Heyburn; The Law Offices of Edward Harrington Heyburn, PC

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal
State

Court Name: 

Superior Court of New Jersey, Chancery Division, Middlesex County; United States District Court for the District of New Jersey

Case Number: 

3:09-cv-05627 (federal)

Legal Counsel: 

Pro Se

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Injunction Issued

Description: 

In November 2009, Levinson Axelrod, a New Jersey law firm, sued its former associate Edward Harrington Heyburn and his law firm over a gripe site Heyburn operated at www.levinsonaxelrod.net and later http://levinsonaxelrodreallysucks.com/.

The complaint included claims for trademark infringement and dilution, violation of the Anticybersquatting Consumer Protection Act, unfair competition, and breach of duty of loyalty.  The law firm also sought a temporary restraining order, enjoining Heyburn from using its trademark in domain names, disclosing confidential client information, and "portraying on [his] website the Plaintiff's law firm in any manner which is contrary to the Rules of Professional Conduct."  Brief, at 31-32. 

Heyburn filed a motion to dismiss the complaint and Levinson Axelrod's request for temporary restraints.  In January 2010, after a hearing, the court issued an order converting the law firm's motion into a motion for a preliminary injunction, granting a preliminary injunction barring Heyburn from using "www.LevinsonAxelrod.net," and denying his motion to dismiss.

Jurisdiction: 

Content Type: 

Subject Area: 

Peabody Energy Corporation v. DeSmet

Date: 

01/06/2010

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Brian DeSmet

Type of Party: 

Organization

Type of Party: 

Individual

Legal Counsel: 

Corynne McSherry, Matt Zimmerman - Electronic Frontier Foundation

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

On January 6, 2010, Peabody Energy Corporation sent a demand letter to Brian DeSmit, an environmental activist who operates a website at http://cleancoalwustl.org/.

Peabody is part of the Consortium for Clean Coal Utilization (CCCU) with Washington University, which funds research efforts to advance "clean coal" technologies. DeSmet created a spoof website to parody CCCU's official website.  DeSmet's website uses a color scheme and layout marginally similar to the official site, and his text characterizes the consortium's "vision," "mission," and "goals" in an unflattering light, suggesting that it is "a public relations tool for industry" that is deceiving the American public about the purported benefits of clean coal.

Peabody's letter complained about the spoof site using the PEABODY trademark and logo, as well as CCCU's logo, to allegedly mislead the public into believing that various statements on the website were made by Peabody and CCCU. It also claimed that the site "is rife with false statements, false innuendo, and defames Peabody and its officers and employees . . . mentioned by name in the Site."  Peabody demanded that DeSmet "immediately, completely, and permanently disable" the website and refrain from posting it in the future. 

In response, DeSmet voluntarily removed Peabody's logo, placed a "censored" box over CCCU's logo, and added a disclaimer: "This website is not endorsed by or connected with Washington University and the 'Clean Coal' Consortium."  Peabody continued to object to the look and feel of the site, however.  Assisted by EFF, DeSmet send a response letter to Peabody, disputing its legal claims and declining to make any further changes.

Content Type: 

Subject Area: 

Circuit Court v. Florida Times-Union

Date: 

01/14/2010

Threat Type: 

Denial of Access

Party Receiving Legal Threat: 

Morris Publishing Co., LLC, d/b/a The Florida Times-Union

Type of Party: 

Government

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Circuit Court of the Fourth Judicial Circuit of the State of Florida, in and for Duval County (trial level); District Court of Appeal First District of Florida (appeal)

Case Number: 

162006CF018283; 162006CF018284; 162006CF018285;

Legal Counsel: 

George D. Gabel, Jr., Timothy J. Conner; Jennifer A. Mansfield; Gigi Rollini - Holland & Knight, LLP

Publication Medium: 

Blog

Relevant Documents: 

Status: 

Pending

Description: 

On January 14, 2010, during the second day of a high-profile murder trial, Circuit Judge L. Page Haddock of the Fourth Judicial Circuit Court in Duval County, Florida, ordered a reporter for the Florida Times-Union's Jacksonville.com to stop live-blogging the trial. Reporter Bridget Murhpy had been posting her live updates to a Jacksonville.com page dedicated to the trial, which also hosts streaming video coverage of the trial. 

The judge stated that that the computer was distracting the jury and that live-blogging violates a Florida Supreme Court order about how many transmitting devices are allowed in a courtroom.  According to regular court practice in the jurisdiction, one television camera and one still photographer also were covering the proceedings, and the judge ruled that only two devices total were permitted.  Later that day, counsel for the newspaper presented argument before the court and filed a written motion, but Judge Haddock denied its motion to allow live-blogging. (The judge's order and the newspaper's motion are contained in Exhibits 1 and 3 of Petitioner's Appendix.) 

The next day, Judge Haddock issued an amended order (contained in Exhibit 5 of the Petitioner's Appendix), which appears to allow use of electronic media on a limited basis.  According to MediaPost, the Times-Union is interpreting the new order as allowing it to alternate between taking still photos and live-blogging in the case.

On January 15, the newspaper filed an emergency petition with the District Court of Appeal for review of the trial court's orders.

Update:

1/20/10 - The District Court of Appeal granted the petition for emergency appeal and quashed the order denying the newspaper's motion for laptop access. He appellate court sent the case back to the trial court with instructions to allow the newspaper's reporter to use a laptop in the courtroom "unless the court finds a specific factual basis to conclude that such use cannot be accommodated without undue distraction or disruption."  According to Jacksonville.com, this ruling was fiollowed by a new decision from Judge Haddock that leaves in place the reporting restrictions he imposed on January 15. 

Jurisdiction: 

Content Type: 

Subject Area: 

Grayson v Langley

Date: 

12/15/2009

Threat Type: 

Other

Party Receiving Legal Threat: 

Angie Langley

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Other

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Representative Alan Grayson (D-Fla.) sent a letter to Attorney General Eric Holder requesting an investigation of Angie G. Langley for violating 18 U.S.C. § 1001 by falsely representing to the Federal Elections Commission that her PAC "supports or opposes more than one candidate," when in fact it only opposes Grayson.  Grayson points to the website for the PAC—MyCongressmanIsNuts.com—as evidence that Langely only opposes him, and also claims that the website falsely implies that Langley is a constituent of Grayson's, when in fact she lives outside his district. 

The "About Us" section of the website reads: 

Central Floridians formed My Congressman Is Nuts PAC as a response to the outrage and embarrassment within Central Florida over Alan Grayson's liberal positions and childish approach in Washington, D.C. We could no longer sit by and accept his inappropriate behavior and leftist big government agenda. He does not represent the values of Central Florida.

To be successful, we need your help. Please join our effort by making a contribution today! Through paid advertising and grassroots activities, we will hold Alan Grayson accountable for his votes and actions. 

It is not clear whether the Attorney General has taken any action in response to Grayson's letter. 

Jurisdiction: 

Content Type: 

Subject Area: 

Castaldi v. Goetz Fitzpatrick LLP

Date: 

07/02/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Goetz Fitzpatrick LLP; Helene Byrnes; Matthew Byrnes

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Supreme Court of the State of New York, County of Westchester

Case Number: 

015018/2009

Legal Counsel: 

Goetz & Fitzpatrick, P.C.

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

In July 2009, Marc Castaldi, a real estate developer, brought a defamation lawsuit in New York state court against Goetz Fitzpatrick, LLP, after he discovered LegalLawComplaints.com (no longer available), which linked to documents related to legal claims involving Castaldi or his business. Goetz Fitzpatrick is a law firm that represented Matthew and Helene Byrnes against Castaldi in a different case regarding a real estate development matter.

Castaldi's complaint alleged that the Byrnes funded the creation of the website and claimed that the unfairly selective nature of the documents was intended to harm his business. It also accused the firm of tortious interference with Castaldi's prospective business and asked for an injunction to remove the website and for damages.

The website has since been removed, but the lawsuit is still pending.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

United States v. Madison

Date: 

09/24/2009

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Elliott Madison (Elliot Madison); Michael Wallschlaeger; Elena Madison; Jennifer Sobolewski; James Weiss, Irina Weiss; Maik Hasenbank

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal
State

Court Name: 

Pennsylvania Court of Common Pleas; U.S. District Court Eastern District of New York (Brooklyn)

Case Number: 

1:09-mc-00647-DLI (federal)

Legal Counsel: 

Martin R. Stolar (primary in New York); Claudia Davidson

Publication Medium: 

Micro-blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Withdrawn

Description: 

Elliott Madison (also spelled as Elliot Madison), along with Michael Wallschlaeger, was arrested by the Pennsylvania state police after using Twitter messages to relay information from police scanners and maps to protestors of the G-20 summit in Pittsburgh. They were charged with "hindering apprehension or prosecution, criminal use of a commnication facility, and possession of instruments of crime". According to Martin Stolar, Madison's attorney, the charge of hindering prosecution arose from the fact that Madison announced that the police had issued an order to disperse to the protestors.

A week after the G-20 summit arrest, Joint Terrorism Task Force agents searched Madison's New York home and seized his property, including his computers and the records he keeps for his occupation as a mental health facility counselor. Elena Madison, Jennifer Sobolewski, Michael Wallschlaeger, James Weiss, Irina Weiss, and Maik Hasenbank were also residents of this address at the time. The search warrant used in the search "asked for evidence that indicated...[potential] violations of federal rioting laws." If Madison is found guilty of violating the rioting law (18 U.S.C. §2101), he could face a penalty of up to five years in prison. Madison asked the court for a temporary order to prevent officials from examining the seized property until the court had the opportunity to examine the search warrant.  He also filed a motion to recover the seized property. Stolar argued that the search was unconstitutional and violated Madison's free speech rights. However, an Eastern District New York judge ruled that the government's search was not illegal and lifted the temporary stay, finding that the search warrant was "sufficiently particular and in compliance with the First Amendment".

The criminal charges in Allegheny County, Pennsylvania were dropped after the New York investigation commenced, as the law enforcement agencies felt that the G-20 activities "were not isolated incidents." Madison has not been charged in New York yet, and although he has attempted to appeal the court's order, officials are not prohibited from examining the property that they seized.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

EK - editing [11/24/09]

Priority: 

1-High

Clem v. Richmond Register

Date: 

08/25/2008

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Richmond Register

Type of Party: 

Individual

Type of Party: 

Media Company

Court Type: 

State

Court Name: 

Madison Circuit Court

Case Number: 

08-CI-01296

Legal Counsel: 

Kenyon Meyer

Publication Medium: 

Website

Status: 

Pending

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.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

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

6/24/09 CMF

Priority: 

1-High

Clem v. Doe

Date: 

08/25/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

John Doe a/k/a 12bme

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Madison Circuit Court

Case Number: 

08-CI-01296

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

On August 25, 2008, a Kentucky college student who was kicked out of a mall for wearing a short dress filed suit in Kentucky state court against an anonymous commenter for allegedly posting a defamatory comment about her on a newspaper's website.  According to news reports, the comment appeared 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. Clem filed suit against 12bme and subpoenaed the Register for the identity of the poster. 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.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

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

6/24/09 CMF

Priority: 

1-High

Rakofsky v. South Florida Sun-Sentinel

Date: 

12/17/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Sun-Sentinel Company; Tribune Interactive, Inc.; Tribune Company of Chicago

Type of Party: 

Individual

Type of Party: 

Individual
Large Organization
Media Company

Court Type: 

State

Court Name: 

Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida

Case Number: 

0967800

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Pembroke Pines Police Officer Daniel Rakofsky filed a "Complaint for Pure Bill of Discovery" against the publishers of the South Florid Sun-Sentinel newspaper, seeking the identities of several pseudonymous commenters to a Sun-Sentinel article about him. 

On November 5, 2009, the Sun-Sentinel published an article about Officer Rakofsky under the headline "Officer accused of sending nude photos of ex-lover."  (The article is no longer available on the Sun-Sentinel site, but is available on its mobile news platform and WPTV.com.)  According to Rakofsky's complaint, the comments section associated with the article contained unspecified, allegedly defamatory statements about him posted by pseudonymous users of the website.  

The "pure bill of discovery" used by Rakofsky is a procedural mechanism recognized in Florida, through which the plaintiff can obtain factual information from a defendant (here, the newspaper) in anticipation of filing another lawsuit against an ultimate wrongdoer (here, the commenters).  It is similar to the petition for "pre-action discovery" involved in the Liskula Cohen case in New York.

It is not clear whether the Sun-Sentinel has formally responded as of the date of writing.

Update:

2/24/2010 - The Sun-Sentinel moves to dismiss.

4/16/2010 - Rakofsky opposes the paper's motion.

4/26/2010 - The court denies the Sun-Sentinel's motion to dismiss.

5/18/2010 - The Sun-Sentinel files an answer to the complaint.

Jurisdiction: 

Content Type: 

Subject Area: 

U.S. Chamber of Commerce v. Yes Men

Date: 

10/26/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Jacques Servin aka Andy Bichlbaum; Igor Vamos aka Mike Bonanno; Support and Commitment, Inc.; David Sievers; Morgan Goodwin; John and Jane Does 1-20

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the District of Columbia

Case Number: 

1:09-cv-02014-RWR

Legal Counsel: 

Robert Corn-Revere, Lisa B. Zycherman, Bruce E. H. Johnson, Ambika Doran, Thomas R. Burke - Davis Wright Tremaine, LLP; Matthew Zimmerman, Corynne McSherry - EFF

Publication Medium: 

Verbal
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Material Removed

Description: 

In October 2009, the U.S. Chamber of Commerce sued a group of political activists including members of the Yes Men and the Action Factory for trademark infringement and other claims in federal district court in the District of Columbia.

The dispute arose when the Yes Men issued a fake press release and held a fake press conference at the National Press Club in which the Chamber of Commerce ostensibly reversed its position and promised to stop lobbying against strong climate change legislation. After the fake press conference began, a real representative of the Chamber of Commerce interrupted and revealed that the Chamber had not in fact reversed its position.  As part of the hoax, the Yes Men published a parody website designed to look like the Chamber's, which featured a fake statement by CEO Thomas J. Donahue about the supposed change of policy.

The Chamber first sent a DMCA takedown notice to the Yes Men's upstream service provider demanding that the parody website be taken down.  According to EFF, this resulted in the temporary shutdown of not only the spoof site but of hundreds of other sites hosted by May First/People Link.  The Yes Men retained EFF as counsel, and EFF responded to the Chamber on their behalf, disputing the validity of the copyright claim, requesting that the Chamber withdraw its letter, and threatening a DMCA action for knowing, material misrepresentation of a copyright claim under 17 U.S.C. § 512(f).  Despite the takedown notice, the parody site remained available for a time, but now no longer appears to be online.

The Chamber then filed its lawsuit in federal court, abandoning the copyright claim but asserting trademark infringement, trademark dilution, cybersquatting, false advertising and other claims.  On January 5, 2010, the Yes Men and Action Factory defendants filed a motion to dismiss the complaint and a motion to stay discovery. The motion to dismiss argues that the Chamber's lawsuit is designed to punish core political speech, rather than to vindicate any actual trademark harm, and should therefore be dismissed.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Siegal v. Kardashian

Date: 

12/28/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Kim Kardashian

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida

Publication Medium: 

Micro-blog

Relevant Documents: 

Status: 

Pending

Description: 

Dr. Sanford Siegal, creator of the "Cookie Diet" weight-loss program, and his company, Dr. Siegal's Direct Nutritionals, LLC, filed a defamation lawsuit against celebrity socialite, model, and actress Kim Kardashian after she posted negative comments about the "Cookie Diet" on Twitter.  

The controversy began when Dr. Siegal's company placed a hyperlink on its website to a third-party article that incorrectly claimed that Kardashian, among other celebrities, used the "Cookie Diet" program.  According to the complaint, Kardashian then posted the following comments on her Twitter page in October 2009:

14(a) Dr. Siegal's Cookie Diet is falsely promoting that I'm on this diet.  NOT TRUE!  I would never do this unhealthy diet! I do QuickTrim! . . .

14(b) If this Dr. Siegal is lying about me being on this diet, what else are they lying about?  Not cool!  . . .

The complaint alleges that these statements are false and defamatory, and that Kardashian had a "commercial motive" to defame Dr. Siegal's company because she is a paid spokesperson for QuickTrim diet products.  

Jurisdiction: 

Content Type: 

Subject Area: 

Route 60 Hyundai v. Alascio

Date: 

12/04/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Thomas J. Alascio

Type of Party: 

Organization

Type of Party: 

Individual

Legal Counsel: 

Marc J. Randazza - Randazza Legal Group

Publication Medium: 

Micro-blog
Social Network

Relevant Documents: 

Status: 

Pending

Description: 

Counsel for Route 60 Hyundai, a car dealership in Florida, sent a demand letter to Thomas Alascio after he posted critical comments about the dealership on Twitter and Facebook.  The letter accused Alascio of defaming the company and demanded that he cease and desist from making futher defamatory comments and take all steps necessary to remove comments about Route 60 from the Internet.

Alascio published a series of comments over a two-week period in October 2009 after a dispute with a Route 60 employee. His tweets took the form of a running joke harping on Route 60's alleged inadequacies, saying that Route 60 is "the worst car dealership on the planet," that it "sucks," and that its service "stinks," among other things.

After receiving the demand letter, Alascio retained Marc Randazza as counsel, and Randazza sent a response letter disputing the legal and factual sufficiency of Route 60's claims.  In particular, Randazza argued that all of Alascio's alleged statements were statements of opinion or rhetorical hyperbole, which are not capble of supporting a defamation action.  In addition, Randazza warned that his client would pursue sanctions and file a counterclaim for abuse of process if Route 60 filed a complaint.  

Jurisdiction: 

Content Type: 

Subject Area: 

TSA v Chris Elliott and Steve Frischling

Date: 

12/29/2009

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Chris Elliott; Steve Frischling

Type of Party: 

Government

Type of Party: 

Individual

Legal Counsel: 

Anthony N. Elia - The Law Office of Anthony N. Elia (for Elliott); Electronic Frontier Foundation (for Elliott); Mark Holsher, Francis DiScala, Jr.

Publication Medium: 

Blog

Status: 

Concluded

Disposition: 

Withdrawn

Description: 

On December 29, 2009, agents of the Transportation Security Administration (TSA) interrogated and served subpoenas on two travel bloggers who had posted a TSA security directive put in place after the failed Christmas day "underwear bomber" attempt. The two bloggers, Steven Frischling and Chris Elliott, posted the text of the directive on December 27 after confusion arose over air travel procedures and restrictions in the wake of the failed terrorist attack.

Frischling, a freelance travel writer and photographer who publishes a blog for KLM Airlines and Flying With Fish, complied with the subpoena, in part because he did not know the identity of the source, there is no federal shield law to protect him, and he felt that he could lessen the ordeal by cooperating. According to Wired, agents went through his phone contacts and determined it was necessary to take an image of his hard drive. In the process of trying to copy files, agents damaged Frischling’s laptop. With Frischling’s permission, they seized the computer, departed, and later returned it.

Elliott, who publishes the blog Elliott and writes a column for the Washington Post and MSNBC, refused to divulge his source and retained counsel. The TSA then backed off and ultimately withdrew the subpoena on December 31.

That same day, the TSA notified Frischling that it was withdrawing the subpoena.  It is not clear whether the agency will compensate Frischling for damaging his laptop. 

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Carmichael v. White

Date: 

07/22/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

William A. White

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

Superior Court of New Jersey Law Division, Bergen County

Case Number: 

L-005825-08

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

On July 30, 2008, Alexander Carmichael sued William White for defamation in New Jersey state court.  Carmichael runs the League of American Patriots, a white supremacist group.  White operates Overthrow.com, the website of the American National Socialist Workers Party.

According to the complaint, White posted several articles in May 2008 stating or suggesting that Carmichael and his organization had ties to child pornography and a "pedophile sex network." 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

MLRC

CMLP Notes: 

Docket available on Westlaw.

Carabelli v. The Michigan Messenger

Date: 

10/01/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

The Michigan Messenger; Center for Independent Media; Eartha Jane Melzer; Jefferson Morley; David Bennahum

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Macomb County Circuit Court

Case Number: 

2008-004340-CZ

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

James Carabelli, chairman of the Republican Party in Macomb County, Michigan, sued The Michigan Messenger, a news site owned by the Center for Independent Media, for defamation in Michigan state court in October 2008. The lawsuit revolves around a September 10, 2008 article entitled "Lose your house, lose your vote," written by staff reporter Eartha Jane Melzer. The lawsuit also named as defendants Melzer, Jefferson Morley, editorial director of the website, and David Bennahum, President and CEO of the Center for Independent Media.

Melzer's article discussed alleged plans on the part of Republican officials in Michigan to challenge voters based on lists of home foreclosures. It attributed the following quote to Carabelli: "We will have a list of foreclosed homes and will make sure people aren’t voting from those addresses." Carabelli denies having made this statement and the existence of any such plans. The article drew national attention and spurred a lawsuit by the Obama campaign against the Michigan Republican Party, which subsequently settled.

The Michigan Messenger stands behind the accuracy of the quotation. After the suit was filed, Jefferson Morely told the First Amendment Center:

We've reviewed Eartha's phone records and e-mails to recreate what Eartha reported and how she did it. . . . This review of the record leaves no doubt that the conversation with Mr. Carabelli took place, that the question of voter challenges was discussed, that Mr. Carabelli said what he said, that Eartha reported those comments immediately and accurately to her editors, and then to readers.

Doug Preisse, an Ohio G.O.P. official, also challenged the accuracy of remarks attributed to him in Melzer's article. The website issued a clarification regarding Preisse's comments on September 19.

Update:

01/13/2009 - Judge ordered dismissal of the case for non-service. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

Source: RSS first amendment center

Priority: 

1-High

Sedersten v. The Springfield News-Leader

Date: 

09/02/2009

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Gannett Missouri Publishing, Inc. d/b/a The Springfield News-Leader

Type of Party: 

Individual

Type of Party: 

Large Organization
Media Company

Court Type: 

Federal

Court Name: 

United States District Court for the Western District of Missouri

Case Number: 

09-3031-CV-S-GAF

Legal Counsel: 

Jason C. Smith, Bryan O. Wade - Husch Blackwell Sanders, LLP-Spfd

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Subpoena Quashed

Description: 

John Sedersten subpoenaed The Springfield News-Leader to obtain information about "bornandraisedhere," a pseudonymous commenter who posted a comment to an article on the News-Leader's website.  The subpoena issued in conjunction with Sedersten's civil lawsuit against the City of Springfield, Missouri, Springfield's police chief, and a former Springfield police officer.  The News-Leader article discussed county prosecutors' decision to drop charges against the police officer, a decision that "bornandraisedhere" sharply criticized in his/her comment.

Gannett Missouri Publishing, the publisher of the News-Leader, objected to the subpoena, and Sedersten moved to compel the newspaper to turn over information.  In December 2009, the court denied Sedersten's motion to compel, ruling that bornandraisedhere's identity was not central to establishing Sedersten's negligence case against the City and its police chief.  The court also recognized that the commenter was entitled to First Amendment protection and had not waived that protection by agreeing to the News-Leader's privacy policy, which reserves to the newspaper "the right to use, and to disclose to third parties, all of the information collected from and about [users] while [using] the Site in any way and for any purpose."

Jurisdiction: 

Content Type: 

Subject Area: 

Pages

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