Republican presidential candidate Ron Paul loses bid for identities of those posting online spoof

A federal judge ruled that Republican presidential contender Ron Paul could not force YouTube and Twitter to provide the identities of whoever uploaded videos with a spoof of Ron Paul bashing former candidate Jon Huntsman for being a Chinese agent. It is unusual for a candidate to sue in these matters given the courts’ tolerance [...]

Public has options in dealing with Twitter’s new country-specific censorship

After Twitter announced last week they would engage in country-specific censorship, EFF’s Eva Galperin says there are ways to fight the plan including checking to see if Twitter makes use of the Chilling Effects Project which publishes a country’s censorship orders and puts it in an archive. Galperin also says that a user can circumvent [...]

Gap claims Kardashians too tarnished to suffer defamation

In defending themselves from a Kardashian lawsuitover the use of a double in an ad mocking the Kardashian lifestyle, the Gap is contending that the Kardashians have no reputation left to protect, that  they have already sought so much negative publicity that they are libel-proof. The Kardashians are asking for $15-20 million in damages. -db [...]

D.C. appellate court rules for whistelblower’s anonymity

The District of Columbia Court of Appeals ruled that a software trade association did not have to disclose the name of an anonymous tipster. Solers, a software company, had sued the trade association to determine the identity of the tipster who they claimed made a false accusation that the company used unlicensed software. -db From [...]

Law blog suggests ways to avoid libel suits for online postings

A Los Angeles media lawyer provides eight strategies for avoiding libel and concludes by saying that retractions and apologies must be done carefully so that you don’t make the situation  worse. -db From the California Defamation Law Blog, January 17, 2012, by Gordon Firemark. Full story  

Georgia Supreme Court rules for The Atlanta-Journal-Constitution in Jewell libel case

The Georgia Supreme Court upheld a ruling in the Richard Jewell defamation suit against The Atlanta Journal-Constitution. Jewell’s survivors sought damages for stories the newspaper ran identifying Jewel as a suspect in the 1996 Olympic Games bombing, hurting his reputation. The newspaper said they had reported correctly that Jewell was a only a suspect in [...]

Case over alleged defamation by Oregon blogger heats up

A couple of legal heavyweights are joining the appeal of a $2.5 million judgment against an Oregon blogger accused of defaming the Obsidian Finance Group. An Oregon federal judge had ruled that the blogger was not a member of the media and not protected by Oregon’s shield law. -db From a commentary for the Citizens [...]

Former ball boys say Syracuse basketball coach defamed them

Former ball boys for the Syracuse University  who claimed an associate coach molested them filed a lawsuit in a county court against head coach Jim Boeheim for calling the men liars. Among other things, Boeheim said the men were trying to play on the Penn State scandal to obtain money. -db From the Courthouse News [...]

Citizens Media Law Project explains decision in Oregon blogger’s defamation lawsuit

Commentary about the decision a federal judge made in a defamation suit about a blogger not protected by the Oregon shield law is based on an erroneous reading of the decision, writes Eric P. Robinson for the Citizens Media Law Project. “He did not deny Cox the protection of the shield law primarily because she [...]

Dominican Republic sugar owners suffer setback in defamation case

A federal court of appeals said owners of Dominican Republic sugar cane plantations were public figures, making it more difficult for to prove they were defamed by a documentary film about the harsh treatment of Haitian laborers on the plantations. To prove defamation, the owners must show that documentary film makers acted with actual malice. [...]

Sex scandal: Gannett newspaper in Ohio must face defamation lawsuit

The Milford-Miami Advertiser must defend itself in court in a defamation claim over an article it ran that a police officer “had sex with a woman while on the job.” The reference was to allegations 13 years before a current sex scandal investigation. Even though he was fired for various other offenses, the officer said [...]

Professional wrestler Hulk Hogan sues ex-wife for defamation

Saying that her claims of abuse in a recently published book were false, professional wrestler and actor Hulk Hogan filed a lawsuit against his ex-wife. The couple divorced in 2009. The ex-wife had also claimed that Hogan had a sexual encounter with another male wrestler. -db From The Tampa Bay Times, December 9, 2011, by [...]

Federal judge dismisses defamation suit against The Washington Post

A man who had written a fictionalized version of his youth during which he murdered his father sued a Washington Post reporter for an article that he claimed presented him unfavorably and defamed him. The article concerned the man’s attempts to regain control of his manuscript. The federal  judge wrote, “A description of Bond’s legal [...]

California: Desert Hot Springs contractor sues for defamation

A  Desert Hot Springs contractor claims that a KNEWS talk show host defamed him. The contractor said the host depicted him as a wanted felon who collected child pornography. The contractor was convicted for writing a bad check in 2008 but says the current allegations against him were false, invaded his privacy, brought his children [...]

Opinion: Columnist says Oregon blogger got justice in loss of defamation suit

In ruling against an Oregon blogger who lost a $2.5 million defamation suit, a federal judge refused to grant the woman standing as a journalist. Writing for The New York Times, David Carr argued that in examining the facts, he found that the blogger had mounted a scurrilous campaign of  lies to ruin a lawyer [...]

Georgia inmate sues Fox News for defamation in story on lawsuit contesting dearth of porn in prison cell

A Georgia inmate took his grievance to federal court charging Fox News with defaming him with coverage of his lawsuit against Georgia for denying him pornography in prison. The inmate claimed the coverage caused his school-age brother and sister embarrassment and ridicule and made light of his nervous and sexual disorders. -db From the The [...]

Reporter held blameless in sex abuse case suicide

A Lousiana state appeals court ruled that a reporter with KNOE-TV was not liable for the suicide of a blind man who allegedly committed a sexual assault against a blind student. The reporter had reported that the alleged crime was under investigation and named the accused. -db From the Courthouse News Service, December 6, 2011, [...]

A&A: Blogger ‘s identity exposed, and legal threats made against her

Q: I am writing today for guidance regarding my rights as a blogger. I am the author of a cosmetics complaints blog and creator and one of the admins of the complaints Facebook Page. The blog and page initially were started in an effort to obtain a refund from a cosmetics company due to sanitation [...]

Blogger’s right to anonymity upheld in federal court

A federal district judge held that a blogger could remain anonymous since his First Amendment rights were paramont to discovery needs in a defamation case. The “Skywalker,” as the blogger is known, is charged with defaming the spiritual leader of the Art of Living Foundation. From the Courthouse News Service, November 16, 2011, by Maria [...]

Kardashian set to sue ex-publicist for slander

Reality star Kim Kardashian is gearing up to sue her ex-publicist for suggesting that her marriage to basketball player Kris Humphries was “staged.” Kardashian is divorcing Humphries after only 72 days of marriage and a glitzy, celebrity marriage ceremony. -db From Cover Media, November 10, 2011. Full story    

Minnesota TV station loses million dollar libel judgment

A Minnesota jury found that an ABC affiliate station acted with reckless disregard for the truth and awarded a naturopathic healer $1 million in a defamation suit. The suit hung on the testimony of one of the healer’s clients that the healer had advised her to stop taking an anti-anxiety medication. The jury found the [...]

Rapper responds to Lohan defamation lawsuit

Through his lawyers the Rapper Pitbull struck back at Lindsay Lohan who sued him for defamation for a hit song that mentioned Lohan’s incarceration. Providing a detailed account of her encounters with the law to prove Lohan is a California resident, the lawyers said she did not have standing to sue in Long Island. Lohan’s [...]

Bloggers’ ranting style protects in free speech cases but may hurt in other realms

Bloggers may win victories in defamation cases since their heated critical commentary is easily identified as opinion rather than fact and not libelous, but the advantage may have a serious down side, writes John Sharkey for the Citizen Media Law Project. Sharkey is concerned that in ruling for bloggers in defamation cases,  judges are making [...]

Woman claims documentary defames her as rapist and prostitute

A woman is suing a documentary maker for portraying her as a rapist and prostitute 30 years ago when she followed her fiance to England. The woman said she granted interviews with the filmmakers on the belief that they were making a film on paparazzi.-db From the Courthouse News Service, November 7, 2011, by Matt [...]

Chicago doctors bring defamation suit against Google after negative online review

Two Chicago doctors are suing Google for a review complaining of “facial lumps” after plastic surgery. The doctors want $50 million for damage to their reputation. The review most likely appeared on Google Place, a site allowing users to rate local businesses and post comments. -db From paidContent, November 4, 2011, by Jeff Roberts. Full [...]

California: Santa Rosa Press Democrat wins defamation suit

A district judge ruled for the Santa Rosa Press Democrat in a suit that claimed the newsaper had defamed a woman by calling her a “serial squatter” and a “tenant from hell.” The judge said the newspaper used court records correctly in portraying the woman. -db From the SF Weekly, October 26, 2011, by Ellen [...]

Pittsburgh: Defamation countersuit can proceed in sexual assault case

A federal judge ruled that a man accused of hypnotizing his employee and sexually molesting her could counter sue the employee for defamation. The woman made a number of statements to ABCNews.com describing the hypnosis and sexual assault that her employer says were made with malice and reckless disregard for the truth. -db From the [...]

Opinion: Complicated student speech case not ideal for U.S. Supreme Court

A columnist for Justia argues that the U.S. Supreme Court should not take the case of Kara Kowalski suing her high school for suspending her for the mean comments she made at home about a fellow student on MySpace. The columnist notes that Kowalski speech involved the bullying of another student so that if the [...]

Salt Lake: Prosecutor claims newspaper libeled her

A prosecutor alleged that the Salt Lake Tribune libeled her in a report accusing her of making racially charged remarks about a candidate for district attorney. She was demoted before the Tribune acknowledged that the accusations were not true. The prosecutor said the article was written to promote a Democratic candidate over the Republican incumbent [...]

European court upholds right to sue Internet publishers in each country

Internet publishers may face a deluge of lawsuits in Europe after the European Court of Justice ruled that individuals can sue for invasion of privacy in each country where the offensive information can be accessed. “Publishers, though, should not be subject to stricter laws than would apply if the court action was taking place in [...]

Former Southern California bank vice president claims request for public officials’ salaries led to his firing

A Riverside man claims the bank that employed him fired him for taking an interest in local politics on his own time by attending a public meeting of the City Council to ask about pay of public officials. The former bank vice president said in the meeting he had not made any accusations but said [...]

Employee of private security firm in Iraq claims Pulitzer prize-winning reporter libeled him

An ex-Marine and former employee of a private security firm in Iraq is suing reporter Steve Fainaru for defamation in the book, “Big Boy Rules” about mercenaries in Iraq. The man claims Fainaru called him “a sadistic killing machine” and libeled him with a number of false statements including some about his  lack of care [...]

Two Tea Party workers claim party leaders defamed them on Facebook

Two Tea Party Patriots workers sued the organization and two leaders for posting comments under an alias that claimed one was a child molester and the other a victim of rape and child molestation. The complaint states that the leaders knew the statements were false and as a result they should pay punitive damages. -db [...]

Federal judge rules for ‘The Hurt Locker’ in suit over use of soldier’s identity

A federal judge in California ruled that writers and producers of  “The Hurt Locker,” a film about bomb-disposal in Iraq, were protected by the First Amendment in presenting important information about a public issue. A soldier sued the film-makers for benefiting from his identity without permission. “The court found, however, that on-screen depictions of the [...]

Oregon Twitter defamation case may be difficult to prove

In an unprecedented case in Oregon, a doctor is suing a blogger for stating incorrectly on Twitter that the doctor lost his medical license and his right to practice. In fact, the doctor was reprimanded for allegedly touching a female patient inappropriately and required to have a chaperone present when treating female patients. -db From [...]

‘Basketball Wives’ cast member claims website defamed her

NFL football player Chad Ochocinco’s fiance is suing the website Media Take Out for an article that says she cheated on Ochocinco with his friend NFL player Terrell Owens. The webisite also said she was quitting the reality show “Basketball Wives” because she was “knocked up” and wanted to become a “full-time mom.” -db From [...]

California court rejects libel suit against Korean-language news company

A California appeals court ruled that the Korean Broadcasting System had not defamed Yuin University in statements that it was a “degree factory.” A judge wrote that “since the ‘degree factory’ statement was cautiously phrased in terms of apparency, the statement is less likely to be reasonably understood as a statement of fact rather than [...]

Palin faces steep climb in proving ‘The Rogue’ defamation

Former Alaskan Governor and GOP vice-presidential candidate Sarah Palin has threatened to sue Random House and author Joe McGinniss for false statements in an unauthorized biography, “The Rogue.” But lawyers specializing in libel say that as a public figure, Palin will have to meet the actual malice standard, showing  that McGinniss had malicious intent in [...]

Miami food company sues Yelp for defamation

A Miami company that delivers meals has sued Yelp for defamation claiming Yelp showed negative reviews before positive ones. One legal expert thinks the company, YS Catering, does not have a strong case since the Federal Communications Decency Act exempts online service companies from defamation claims based on users’ posts. -db From MediaPost, September 26, [...]

Tradition of anonymous speech threatened by vicious defamatory postings

Cyberbullies have sullied Internet freedom in defamatory and cruel attacks against innocent citizens that have ruined lives. It is difficult to know what to do about it while defending the American tradition of anonymous speech, especially speech critical of the government. A Chicago lawyer makes a proposal that he thinks balances the interests of those [...]

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