MLRC Institute: Actions Against Online Speech

AdvanFort v. International Registires

2015-05-21T11:30:00.002-04:00

AdvanFort v. International Registries (5/12/15)

STATUS: Court grants motion to dismiss relating to section 230 defense.

E.D.Va.: Online Magazine Gets Section 230 Protection for Third Party Article
Technology & Marketing Law Blog
The plaintiffs alleged that the Maritime Executive was a partial information content provider. The court's response is on the right track until it suggests that if the Maritime Executive pays for the content, then it might be a partial information content provider.
http://blog.ericgoldman.org/archives/2015/05/online-magazine-gets-section-230-protection-for-third-party-article-advanfort-v-international-registries.htm

Opinion:
http://docs.justia.com/cases/federal/district-courts/virginia/vaedce/1:2015cv00220/314532/45

Mezzacappa v. O'Hare

2015-05-06T11:32:00.002-04:00

Mezzacappa v. O'Hare (March 31, 2015)

STATUS: Court finds blogger not liable.

Pa.Ct.Comm. Pleas.: Blogger Isn't Liable for Anonymous Reader Comments
Technology & Marketing Law Blog
In this case, the Court says that the blog is an interactive computer service, Mezzacappa's claims of defamation and privacy invasion are publisher/speaker claims and it was apparent that the anonymous comments came from third parties.
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1961&context=historical

Opinion:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1961&context=historical

Yelp v. Hadeed Carpet Cleaning

2015-04-22T11:13:00.000-04:00

Yelp v. Hadeed Carpet Cleaning (4/16/15)

STATUS: Virginia Supreme Court rules in favor of Yelp.

Virginia Supreme Court Won't Force Yelp to Reveal Identities of Anonymous Commenters
Reporters Committee for Freedom of the Press
In a victory for Yelp and its anonymous commenters, the Virginia Supreme Court ruled that the Circuit Court could not force the California based online review site to reveal the identity of users who had posted negative reviews of the California carper cleaning service.
http://www.rcfp.org/browse-media-law-resources/news/virginia-supreme-court-wont-force-yelp-reveal-identities-anonymous-c

Opinion:
http://www.courts.state.va.us/opinions/opnscvwp/1140242.pdf

Welch v. University of San Diego

2015-04-22T11:03:00.002-04:00

Welch v. University of San Diego (4/2/15)

STATUS: Court rules in favor of anti-SLAPP lawsuit.

Cal.App.: Law Professor Blogger Wins Anti-SLAPP Ruling But It's Hard to Celebrate the Win
Technology & Marketing Law Blog (Eric Goldman)
On the surface, this is a nice courtroom victory for legal bloggers. It suggests that legal blogging should be protected by both the fair reporting privilege as well as California's strong anti-SLAPP legislation.
http://blog.ericgoldman.org/archives/2015/04/law-professor-blogger-wins-anti-slapp-ruling-but-its-hard-to-celebrate-the-win-welch-v-usd.htm

Opinion:
http://pdfserver.amlaw.com/nlj/welch%20ruling%200408.pdf

Sletten v. Continental Casualty

2015-03-26T12:41:00.001-04:00

Sletten v. Continental Casualty (March 19, 2015)

STATUS: 8th Circuit finds in favor of insurer.

8th.Cir.: Insurer Doesn't Have to Cover Online Libel Claim
In an interesting non-media decision, the 8th Circuit held that an insurer was not required to defend an insured who allegedly posted false and defamatory reviews of a business competitor. Although the policy covered defamation in general, it excluded defamation with the intent to injure.

Order: http://media.ca8.uscourts.gov/opndir/15/03/132918P.pdf

Brannies v. Internet ROI

2015-03-25T12:11:00.000-04:00

Brannies v. Internet ROI

STATUS: Federal Court finds website free of wrong doing.

S.D. Ga.: Libel Claim Tossed
Courthouse News
A Massachusetts-based news website that allegedly portrayed a man as a child molester by linking his photo to the alleged sexual assault of a 10 yr old girl does not have to face libel claims in Georgia.

Order: http://www.courthousenews.com/2015/03/23/Internet%20Defamation.pdf

Burdick v. Superior Court

2015-01-20T13:51:00.001-05:00

Burdick v. Superior Court (1/14/15)

STATUS:California Court of Appeals holds that there is no personal jurisdiction for case to move forward.

Cal.App.: No Personal Jurisdiction Arising from Allegedly Defamatory Facebook Postings
Washington Post (Eugene Volokh)
The California Court of Appeals recently held that posting allegedly defamatory statements on a person's Facebook page is insufficient in itself to create the contacts necessary to support personal jurisdiction.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/20/no-personal-jurisdiction-in-ca-arising-from-allegedly-defamatory-facebook-postings-targeting-ca-residents-herein-of-posts-second-law-of-judicial-decision-making/

Opinion: http://cases.justia.com/california/court-of-appeal/2015-g049107.pdf?ts=1421280050

Enjaian v. ALM Media

2015-01-05T10:52:00.000-05:00

Enjaian v. ALM Media (12/23/14)

STATUS:Court grants defendant's motion to strike.

N.D.Cal.: Tweeted Article About Lawyer Facing Stalking Accusation Isn't Defamatory
Technology & Marketing Law Blog
Defendant's brought an anti-SLAPP motion under California's anti-SLAPP statute and the court grants it.
http://blog.ericgoldman.org/archives/2014/12/tweeted-article-about-lawyer-facing-stalking-accusation-isnt-defamatory-enjaian-v-alm.htm

Order:
http://docs.justia.com/cases/federal/district-courts/california/candce/4:2014cv03872/280243/27

Brown v. Times-Picayune

2014-12-10T14:25:00.003-05:00

Brown v. Times-Picayune (11/3/14)

STATUS: Appellate court reverses lower court decision.

La.App.: Appeals Court Reverses Dismissal of Lawyer's Defamation Suit Against Nola.com
Times-Picayune
Claiborne Brown sued the organization and reporter Claire Galofaro for a headline that ran in the newspaper.
http://www.nola.com/crime/index.ssf/2014/12/appeals_court_reverses_dismiss.html

Opinion:
http://www.la-fcca.org/opiniongrid/opinionpdf/2014%20CA%200160%20Decision%20Appeal.pdf

Huon v. Breaking Media

2014-12-10T13:24:00.001-05:00

Huon v. Breaking Media (12/4/14)

STATUS: District Court will allow defamation claim.

N.D. Ill.: Legal Blog Faces Defamation Liability For Mischaracterizing Prior Legal Proceedings
Technology & Marketing Law Blog
Popular blog Above the Law wrote two stories about plaintiff's brush with the legal system. After the plaintiff was acquitted, ATL added an update to the story reflecting this. Plaintiff sued ATL in 2011 for defamation, intentional infliction of emotional distress and false light.
http://blog.ericgoldman.org/archives/2014/12/legal-blog-faces-defamation-liability-for-mischaracterizing-prior-legal-proceedings-huon-v-above-the-law.htm

Opinion:
http://www.courthousenews.com/2014/12/05/above%20the%20law.pdf

Roca Lab v Does

2014-12-08T11:22:00.002-05:00

Roca Labs v Does (11/14/14)

STATUS: Suit filed in Circuit Court.

Fla.Cir.: Roca Labs Sues Anonymous Commenters In Convoluted Plot To Get Negative Comments De-Indexed From Google
TechDirt
Roca Labs is suing 11 anonymous commenters who posted comments to PissedConsumer.com, but it doesn't seem interested in who posted the comments; instead, it just wants to get a court order to pressure Google and others into no longer linking to those reviews.
https://www.techdirt.com/articles/20141202/15032929299/roca-labs-latest-nutty-strategy-to-delete-negative-reviews-sue-anonymous-commenters-pretend-comments-are-property.shtml

Complaint:
https://s3.amazonaws.com/s3.documentcloud.org/documents/1373944/12-02-03.pdf

Ringgold v. Radar Online

2014-11-10T11:50:00.002-05:00

Ringgold v. Radar Online (11/6/14)

STATUS: Complaint filed in Eastern District court.

E.D.N.Y.: Radar Sullied Name of Tom Cruise Bodyguard, He Says
Courthouse News
When Tom Cruise sued Radar Online over careless reporting, the website doubled down by lying about his former bodyguard, a federal complaint alleges.
http://www.courthousenews.com/2014/11/06/radar-sullied-name-of-tom-cruise-bodygard-he-says.htm

Complaint:
http://www.medialaw.org/images/medialawdaily/ringgold11.07.14.pdf

Concerned Citizens for Judicial Fairness v. Yacucci

2014-09-08T10:39:00.001-04:00

Concerned Citizens for Judicial Fairness v. Yacucci (September 3, 2014)

STATUS: Florida appeals court reverses lower court ruling.

Fla.App.Ct.: Ruling: Judge Couldn't Block Website from Publishing Critical Stories
Palm Beach Post
The 4th District Court of Appeals on Wednesday slapped a senior judge in St. Lucie County for shutting down the website of a political committee after a judge running for re-election claimed it contained defamatory information about him.
http://www.supreme.courts.state.tx.us/historical/2014/aug/120563.pdf

Kinney v. Barnes

2014-09-08T10:33:00.000-04:00

Kinney v. Barnes (August 29, 2014)

STATUS: Texas court sets precedent by ruling that court can't stop republishing of defamatory content.

Tex.: New Remedy for Online Defamation
Texas Lawyer
The Texas Supreme Court recently set precedent by ruling that a court can order an author to delete a defamatory posting, but cannot stop him from reposting the same statements elsewhere.
http://www.texaslawyer.com/id=1202668854527/New-Remedy-for-Online-Defamation?slreturn=20140808102826

Order:
http://www.supreme.courts.state.tx.us/historical/2014/aug/130043.pdf

Cornett v. Gawker Media

2014-09-08T10:27:00.000-04:00

Cornett v. Gawker Media (August 28, 2014)

STATUS: Federal judge refused order of early settlement.

D. Nev.: Surfer Loses Bid to Settle Her Spat with Gawker
Courthouse News
Noting a lack of desire on the part of Gawker, a federal judge refused to order an early settlement conference in a celebrity surfer's defamation case.
http://www.courthousenews.com/2014/09/02/70964.htm

Order:
http://www.courthousenews.com/2014/09/02/gawkorder.pdf

In re John Doe a.k.a "Trooper"

2014-09-08T10:20:00.000-04:00

In re John Doe a.k.a "Trooper" (August 29, 2014)

STATUS: Texas court will not out identity of anonymous blogger.

Texas Supreme Court Voids Order to Identify Blogger
Austin American-Statesman
An Ohio company, seeking to sue a sharply critical blogger who wrote under a pseudonym, cannot use the Texas courts to discover the online author's identity.
http://www.statesman.com/news/news/texas-supreme-court-voids-order-to-identify-blogge/nhB7m/

Opinion:
http://www.supreme.courts.state.tx.us/historical/2014/aug/130073.pdf

Mayfield v. Fullhart

2014-08-27T12:32:00.002-04:00

Mayfield v. Fullhart (August 21, 2014)

STATUS: Texas appellate court rules that single publication rule applies to the Internet.

Tex.App: Single Publication Rule Applies to Online Publication
In the first Texas appellate decision to address the issue, the court held that the single publication rule applied to a television station's news report publicly available on the Internet. The court also held that the discovery rule does not apply when an allegedly defamatory statement is disseminated via the mass media.

Opinion:
http://www.medialaw.org/images/medialawdaily/mayfield08.22.14.pdf

Westlake Legal Group v. Schumacher

2014-08-25T11:56:00.000-04:00

Westlake Legal Group v. Schumacher (8/19/14)

STATUS: Court dismissed case over improper service.

E.D. Va.: Court Sets Aside Default Libel Judgment and Injunctions Against Yelp
A Virginia lawyer and his firm had obtained a $200,000 default judgment over a negative review posted on Yelp. Granting a motion to set aside the judgment, the Court held that service on Yelp was improper and dismissed the complaint as time barred or alternatively barred by Section 230.

Opinion:
http://www.medialaw.org/images/medialawdaily/yelp08.20.14.pdf

Larue/Tucker v. Brown

2014-08-25T11:51:00.000-04:00

Larue/Tucker v. Brown

STATUS: Appellate Court rules that republication of defamatory content restarts clock for filing a lawsuit.

Ariz. App.: Republication on Internet of Alleged Defamation Restarts Clock on Lawsuit Deadline
The Republic
A new appellate court ruling says republication on the Internet of an alleged defamation restarts Arizona's deadline for filing a lawsuit within one year of publication.
http://www.therepublic.com/view/story/0a50c90132064822a2c74410129b0e21/AZ--Internet-Defamation

Opinion:
http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/1%20CA-CV13-0138.pdf

Grissom & Thompson v. Browning

2014-07-10T11:46:00.000-04:00

Grissom & Thompson b. Browning (6/24/2014)

STATUS: Defamation claim filed.

Tex. Dist.: Law Firm Files Defamation Lawsuit Over Ex-Client's Yelp Review
Texas Lawyer
Grissom & Thompson alleges that Austin resident Joseph A. Browning used Yelp to publish "disparaging and blatantly false statements" about his legal representation by the firm. The Austin law firm's attorney claims the review appeared after the firm sued Browning for fees.
http://www.texaslawyer.com/id=1202662317617/Law-Firm-Files-Defamation-Lawsuit-Over-ExClients-Yelp-Review#ixzz36z6YpmgO

Petition:
http://pdfserver.amlaw.com/tx/Grissom-ThompsonVBrowning-petition.pdf

John Doe No.1 v. Burke

2014-06-02T11:34:00.001-04:00

John Doe No.1 v. Burke (May 29, 2014)

STATUS: Appeals Court upheld Anti-SLAAP motion.

In its first decision to interpret the District of Columbia's Anti-SLAPP law, the D.C. Court of Appeals quashed a subpoena to an anonymous Wikipedia user sued for defamation. The D.C. statute goes further than other jurisdictions in protecting anonymous speech by affording anonymous defendants the ability to file special motions to quash subpoenas for their identities. The Court first held that it had jurisdiction to hear an appeal from the trial court's denial of the motion. On the merits of the motion, the Court held that plaintiff, an attorney, was a public figure who failed to show that edits to her Wikipedia page were made with actual malice.

Opinion:
http://www.dccourts.gov/internet/documents/13-CV-83.pdf

Palmer v. KlearGear.com

2014-05-29T11:35:00.001-04:00

Palmer v. KlearGear.com (May 5, 2014)

D.Utah.: Judge: KlearGear Can't Collect $3,500.00 From Couple That Left Negative Online Review
Ars Technica
A federal court judge has ruled in favor of a Utah couple who criticized an online retailer.
http://arstechnica.com/tech-policy/2014/05/judge-kleargear-cant-collect-3500-from-couple-that-left-negative-online-review/

Default Judgment:
http://www.scribd.com/doc/224430518/Palmer-v-Kleargear-Default-Judgment

Kimzey v. Yelp

2014-05-29T11:25:00.000-04:00

Kimzey v. Yelp (May 7, 2014)

STATUS: Court grants defendant's motion to dismiss.

W.D. Wash.: Yelp Wins Another Section 230 Case
Technology & Marketing Law Blog (Eric Goldman)
We don't see arguments too often any more about Section 230 implications of star ratings.
blog.ericgoldman.org/archives/2014/05/yelp-wins-another-section-230-case-kimzey-v-yelp.htm

Opinion:
http://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2013cv01734/196114/26

Vazquez v. Buhl

2014-05-15T15:28:00.002-04:00

Conn. App.: No liability for linking to — and praising — allegedly defamatory article
Washington Post (Volokh Conspiracy)
The Connecticut court concluded that NBC was acting as a “provider … of an interactive service,” that the linked-to-article was “information provided by another information content provider [Buhl]” (even in the absence of evidence that Buhl had deliberately submitted it to NBC or Carney), and that therefore NBC couldn’t be “treated as the publisher or speaker” of such information for libel purposes.
Opinion: Vazquez v. Buhl et al.

Seldon v. Magedson

2014-04-23T14:35:00.000-04:00

Seldon v. Magedson (April 25, 2014)

D. Ariz. Ripoff Report's Latest Section 230 Win
Technology & Marketing Law Blog (Eric Goldman)
Citing Roommates.com for the defense, the court says that screening content is immunized by Section 230.
http://blog.ericgoldman.org/archives/2014/04/ripoff-reports-latest-section-230-win-seldon-v-magedson.htm

Opinion:
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1244&context=historical