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Home > Clem v. Doe

Clem v. Doe [1]

Submitted by DMLP Staff on Thu, 01/07/2010 - 19:16

Summary

Threat Type: 

Lawsuit

Date: 

08/25/2008

Status: 

Pending

Location: 

Kentucky

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
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. ... read full description
Parties

Party Receiving Legal Threat: 

John Doe a/k/a 12bme

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Kentucky

Location of Party: 

  • Kentucky

Legal Counsel: 

Wesley Browne
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.

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

Relevant Documents: 

PDF icon 2008-08-25 - Clem Complaint.pdf [10]
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 - 11:09pm): https://www.dmlp.org/threats/clem-v-doe

Links
[1] https://www.dmlp.org/threats/clem-v-doe
[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/
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-25%20-%20Clem%20Complaint.pdf