Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Holsten v. Uptown Update and What the Helen

Holsten v. Uptown Update and What the Helen [1]

Submitted by DMLP Staff on Wed, 02/04/2009 - 17:07

Summary

Threat Type: 

Subpoena

Date: 

01/12/2009

Status: 

Pending

Location: 

Illinois

Verdict or Settlement Amount: 

N/A
In the midst of a lawsuit over efforts to redevelop Wilson Yard in Chicago, developer Peter Holsten sent a subpoena to Google, Inc. for information regarding two anonymous Chicago blogs.  In December 2008, community group Fix... read full description
Parties

Party Receiving Legal Threat: 

What the Helen (blog); Uptown Update (blog); Google, Inc.; Uptown Neighborhood Council; Buena Park Neighbors

Type of Party: 

Organization

Type of Party: 

Organization

Location of Party: 

  • Illinois

Location of Party: 

  • California

Legal Counsel: 

Thomas E. Johnson

Legal Counsel: 

Matt Zimmerman - Electronic Frontier Foundation
Description

In the midst of a lawsuit over efforts to redevelop Wilson Yard [2] in Chicago, developer Peter Holsten sent a subpoena [3] to Google, Inc. for information regarding two anonymous Chicago blogs. 

In December 2008, community group Fix Wilson Yard [4] filed a lawsuit in opposition to a plan by Holsten's development company and the City of Chicago to redevelop the Wilson Yard area of Chicago.  According to Holsten's attorney, Holsten has asked Google, which hosts the Uptown Update [5] and What the Helen [6] blogs, to provide "all the information for [the] two particular sites [7]."

It is not clear what connection the blogs have to the lawsuit.  However, both blogs are known as Uptown-related watchdog sites: Uptown Update discusses a wide range of information regarding the Uptown area, while What the Helen (now defunct) focused on the 2007 election campaign of Uptown alderman Helen Schiller.

Update:

The  Chicago News-Star [8] is reporting that Holsten's attorney sent subpoenas to two additional websites operated by "neighborhood block club" Buena Park Neighbors [9] and the Uptown Neighborhood Council [10].  

The neighborhood organizations are being asked to produce all posts in "the form of a blog, chat room comment, website (sic) post or any other form that relates to the Wilson Yard development, Alderman [Helen] Shiller, or Uptown development."

In addition, the subpoenas ask for all documents pertaining to the six Uptown residents named as plaintiffs in the Fix Wilson Yard lawsuit.

Neither the blog sites nor Buena Park Neighbors are affiliated with Fix Wilson Yard or its lawsuit. Katharine Boyda, the current president of the Uptown Neighborhood Council, which was originally formed to oppose the Wilson Yard development, is one of the resident-plaintiffs named in the lawsuit.

Matt Zimmerman from EFF told the News-Star that Holsten's attorney had extended the February 4, 2009 return date for the subpoenas so the parties can discuss the requests.

Update: 

06/22/09 - EFF filed a motion to quash the subpoenas on behalf of the Does.

07/09/09 - The court stayed enforcement of the subpoenas.

8/21/09 - EFF filed a renewed motion to quash [11] the subpoenas on behalf of the Does.

Related Links: 

  • Uptown Update: "Holsten's Attorney Subpoenas Google" [12]
  • Gapers Block: Uptown Throwdown [13]
  • WindyPundit: Google Subpoenaed Over Anonymous Blogs in Connection With Controversial Chicago TIF Project [14]
  • Marathon Pundit: Google subpoenaed about two anonymous Chicago blogs [15]
  • Chicago News Bench: Developer Targets Bloggers in Chicago [16]
  • Chicagoist: Don't Shoot the Messenger: Uptown Bloggers Subpoenaed [17]
  • Chicago Journal: Holsten's attorney subpoenas Google [18]
  • Chicago News-Star: Served! [8]
  • CMLP Blog: Chicago Developer Shovels Out Subpoenas by the Bucketful Over Wilson Yard Redevelopment [19]
  • EFF: Chicago Development Critics Fight for Anonymity [20]
Details

Web Site(s) Involved: 

Uptown Update [5]

What The Helen.blogspot.com [21] (defunct)

What The Helen.com [6] (redirects to Uptown Update)

Buena Park Neighbors [9] 

Uptown Neighborhood Council [10]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Real Estate
Court Information & Documents

Jurisdiction: 

  • Illinois

Source of Law: 

  • Illinois

Court Name: 

Cook County Chancery Court (Illinois)

Court Type: 

State

Relevant Documents: 

PDF icon 2009-01-12-Wilson Yard Defendants Subpoena to Google.pdf [22]
PDF icon 2009-01-12-Wilson Yard Defendants Subpoena to Buena Park Neighbors.pdf [23]
PDF icon 2009-01-12-Wilson Yard Defendants Subpoena to Uptown Neighborhood Council.pdf [24]
PDF icon 2009-08-21-Renewed Motion to Quash.pdf [25]
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

User Feedback

CMLP Notes: 

MCS editing

Source: e-mail from John Bracken (MacArthur Foundation)

DMLP Logo


Source URL (modified on 08/20/2014 - 11:08pm): https://www.dmlp.org/threats/holsten-v-uptown-update-and-what-helen

Links
[1] https://www.dmlp.org/threats/holsten-v-uptown-update-and-what-helen
[2] http://www.chicagojournal.com/main.asp?SectionID=49&SubSectionID=142&ArticleID=6567&TM=62792.15
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2009-01-12-Wilson%20Yard%20Defendants%20Subpoena%20to%20Google.pdf
[4] http://fixwilsonyard.org/
[5] http://www.uptownupdate.com/
[6] http://www.whatthehelen.com
[7] http://www.chicagojournal.com/main.asp?SectionID=49&SubSectionID=142&ArticleID=6914&TM=42781.54
[8] http://www.chicagojournal.com/main.asp?SectionID=49&SubSectionID=142&ArticleID=6960&TM=83994.7
[9] http://www.buenaparkneighbors.org/
[10] http://www.uncchicago.org/
[11] https://www.dmlp.org/sites/citmedialaw.org/files/2009-08-21-Renewed%20Motion%20to%20Quash.pdf
[12] http://www.uptownupdate.com/2009/01/news-star-holstens-attorney-subpoenas.html
[13] http://www.gapersblock.com/merge/archives/2009/01/29/uptown-throwdow/
[14] http://www.windypundit.com/archives/2009/01/google_subpoenaed_over_anonymo.html
[15] http://marathonpundit.blogspot.com/2009/01/google-subpoenaed-about-two-anonymous.html
[16] http://rogersparkbench.blogspot.com/2009/01/developer-targets-bloggers-in-chicago.html
[17] http://chicagoist.com/2009/01/30/dont_shoot_the_messenger_uptown_blo.php
[18] http://www.chicagojournal.com/main.asp?SectionID=49&SubSectionID=142&ArticleID=6914&TM=83353.75
[19] https://www.dmlp.org/blog/2009/chicago-developer-shovels-out-subpoenas-bucketful-over-wilson-yard-redevelopment
[20] http://www.eff.org/press/archives/2009/08/21
[21] http://what-the-helen.blogspot.com
[22] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-01-12-Wilson%20Yard%20Defendants%20Subpoena%20to%20Google.pdf
[23] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-01-12-Wilson%20Yard%20Defendants%20Subpoena%20to%20Buena%20Park%20Neighbors.pdf
[24] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-01-12-Wilson%20Yard%20Defendants%20Subpoena%20to%20Uptown%20Neighborhood%20Council.pdf
[25] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-08-21-Renewed%20Motion%20to%20Quash.pdf