State of Oklahoma (Gene Stipe) v. King [1]

Harold King runs the forum site "McAlester Watercooler [2]," which he describes as a forum for citizens of McAlester, Oklahoma to "voice their views about the on-going City events." In August 2005, former state senator Gene Stipe filed a police report alleging that King had published false information about Stipe and his family on the forum (the precise nature of the statements was not disclosed).

The police passed Stipe's complaint and evidence on to the local district attorney, but the district attorney did not pursue criminal charges.

Oklahoma has a criminal libel statute, making libel "punishable by imprisonment in the county jail not more than one (1) year, or by fine not exceeing One Thousand Dollars ($1,000.00), or both." 21 Okla. Stat. § 773 [3]. "Libel" is defined as "a false or malicious unprivileged publication by writing, printing, picture, or effigy or other fixed representation to the eye, which exposes any person to public hatred, contempt, ridicule or obloquy, or which tends to deprive him of public confidence, or to injure him in his occupation, or any malicious publication as aforesaid, designed to blacken or vilify the memory of one who is dead, and tending to scandalize his surviving relatives or friends." 21 Okla. Stat. § 771 [4].