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Home > Johnson v. Tucker Max

Johnson v. Tucker Max [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:58

Summary

Threat Type: 

Lawsuit

Date: 

05/02/2003

Status: 

Concluded

Disposition: 

Injunction Issued
Withdrawn

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Publication of Private Facts
Right of Publicity
Other
Tucker Max maintains a website detailing his sexual exploits with women. He had a relationship with former Miss Vermont, Katy Johnson, and put the entire story on his website under the title, the "Miss Vermont Story." Johnson sued Max in... read full description
Parties

Party Issuing Legal Threat: 

Katy Johnson

Party Receiving Legal Threat: 

Tucker Max

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Florida

Location of Party: 

  • Illinois

Legal Counsel: 

Michael Santucci

Legal Counsel: 

Richard Mockler, John Carey
Description

Tucker Max maintains a website detailing his sexual exploits with women. He had a relationship with former Miss Vermont, Katy Johnson, and put the entire story on his website under the title, the "Miss Vermont Story."

Johnson sued [2] Max in Florida Circuit Court for misappropriation of her publicity rights, invasion of privacy based on publication of private facts, and battery. On May 6, 2003, the judge issued a temporary injunction [3] that forbid Max from

  • using, including, or even making reference to, "the name 'Katy Johnson,' 'Katy,' 'Johnson,' or title 'Miss Vermont' in any periodicals or books, and on his website located at www.tuckermax.com";
  • "Disclosing any stories, facts or information, notwithstanding its truth, about any intimate or sexual act engaged in by" Katy Johnson; and
  • linking to Johnson's website.

Max then removed the case to the United States District Court for the Southern District of Florida and filed a motion to dismiss. The temporary injunction expired on June 20, 2003. Johnson voluntarily dismissed [4] the case in July 2003.

Related Links: 

  • The New York Times: Internet Battle Raises Questions About the First Amendment [5]
  • MLRC's Legal Actions and Developments Involving Blogs [6]
  • Tucker Max's Posting on the Lawsuit [7] (warning: explicit content)
  • Wikipedia Entry: Tucker Max [8]
Details

Web Site(s) Involved: 

TuckerMax.com [9]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Right of Publicity
  • Publication of Private Facts
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County; United States District Court for the Southern District of Florida

Court Type: 

State

Case Number: 

2003 CA 004867 AF (state); 9:03-CV-80515 (federal)

Relevant Documents: 

PDF icon 2003-05-02-Johnson's Complaint.pdf [10]
PDF icon 2003-05-06-Temporary Injunction.pdf [11]
PDF icon 2003-06-06-Notice of Removal to Federal Court.pdf [12]
PDF icon 2003-06-17-ACLU Amicus Brief in Favor of Dissolving the Temporary Injunction.pdf [13]
PDF icon 2003-06-13-Tucker Max's Motion To Dismiss.pdf [14]
PDF icon 2003-06-17-Tucker Max's Motion to Dissolve the Temporary Injunction.pdf [15]
PDF icon 2003-06-23-Notice of Mootness of Max's Motion to Dissovle Temporary Injunction.pdf [16]
PDF icon 2003-07-18-Johnson's Notice of Voluntary Dismissal.pdf [17]
PDF icon 2003-06-30-Tucker Max's Brief Regarding Subject Matter Jurisdiction.pdf [18]
PDF icon 2003-07-07-Tucker Max's Response to Johnson's Motion for Remand.pdf [19]
CMLP Information (Private)

CMLP Notes: 

SB Reviewed

DMLP Logo


Source URL (modified on 08/20/2014 - 11:02pm): https://www.dmlp.org/threats/johnson-v-tucker-max

Links
[1] https://www.dmlp.org/threats/johnson-v-tucker-max
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2003-05-02-Johnson's%20Complaint.pdf
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2003-05-06-Temporary%20Injunction.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2003-07-18-Johnson's%20Notice%20of%20Voluntary%20Dismissal.pdf
[5] http://www.tuckermax.com/archives/images/tuckernytimesweb.pdf
[6] http://www.medialaw.org/bloggerlawsuits
[7] http://www.tuckermax.com/archives/entries/date/the_almost_banned_miss_vermont_story.phtml#705
[8] http://en.wikipedia.org/wiki/Tucker_Max
[9] http://www.tuckermax.com
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-05-02-Johnson%27s%20Complaint.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-05-06-Temporary%20Injunction.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-06-06-Notice%20of%20Removal%20to%20Federal%20Court.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-06-17-ACLU%20Amicus%20Brief%20in%20Favor%20of%20Dissolving%20the%20Temporary%20Injunction.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-06-13-Tucker%20Max%27s%20Motion%20To%20Dismiss.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-06-17-Tucker%20Max%27s%20Motion%20to%20Dissolve%20the%20Temporary%20Injunction.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-06-23-Notice%20of%20Mootness%20of%20Max%27s%20Motion%20to%20Dissovle%20Temporary%20Injunction.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-07-18-Johnson%27s%20Notice%20of%20Voluntary%20Dismissal.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-06-30-Tucker%20Max%27s%20Brief%20Regarding%20Subject%20Matter%20Jurisdiction.pdf
[19] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2003-07-07-Tucker%20Max%27s%20Response%20to%20Johnson%27s%20Motion%20for%20Remand.pdf