Obsidian Finance Group who won a round in court against a blogger for defamation says the blogger does not deserve a new trial. A court awarded Obsidian$2.5 million in damages for one post.

The blogger is seeking to appeal the award with the Electric Frontier Foundation filing an amicus brief arguing the judgment was a threat to free speech. -db

From the Courthouse News Service, February 6, 2012, by Nick McCann.

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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 of robust give and take in presidential campaigns, writes Jeff Roberts in paidContent. -db

From a commentary in paidContent, January 26, 2012, by Jeff Roberts.

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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 the censorship by changing the country listed in their profile. -db

From a commentary for the Electronic Frontier Foundation, January 27, 2012, by Eva Galperin.

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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

From Fox News, January 20 2012, by Jo Piazza.

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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 The Reporters Committee for Freedom of the Press, January 18, 2012, by Haley Behre.

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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.

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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 an ongoing investigation and even questioned the police focus on him. -db

From The Atlanta Journal-Constitution, January 10, 2012, by Andria Simmons.

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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 Media Law Project, January 9, 2012, by Arthur Bright

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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 Service, December 15, 2011, by Adam Klasfeld.

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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 is a blogger, but because she tried to use the shield law in a way that courts have rejected,” writes Robinson.

From a commentary for the Citizens Media Law Project, December 12, 2011, by Eric P. Robinson.

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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. -db

From The Reporters Committee for Freedom of the Press, December 13, 2011, by Chris Healy.

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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 it was never substantiated that he had sex with anyone while on duty and was reinstated as a police officer. -db

From the Courthouse News Service, December 13, 2011, by Kevin Koeninger.

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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 Keyonna Summers.

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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 battle necessarily entails the discussion of parts of his life story” and rejected claims that the Post reporter agreed to keep that history out of the article. -db

From the Courthouse News Service, December 8, 2011, by Ryan Abbott.

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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 ridicule  and ruined his business. The station said it broadcast true information in the public interest. -db

From The Desert Sun, December 10, 2011, by Kate McGinty.

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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 and his business, the Obsidian Finance Group. None of what she reported, that the lawyer committed tax fraud and was a thief and thug was ever collaborated says Carr. -db

From a commentary in The New York Times, December 11, 2011, by David Carr.

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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 Macomb Daily, December 7, 2011, by Jameson Cook.

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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, by Jeff D. Gorman.

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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 questions. The company also had a recall in December of last year. The blog and page have slowly become more of a reporting conduit for the business practices of the company, as well as other safety issues as they relate to indie cosmetics.

Recently the company asked me to work with them to get information out about the refund process for recalls/unshipped items because they were attempting to relaunch after disappearing for a few months. I complied, but also continued to post about other issues involving the company, as well as other safety issues for other companies. The relaunch has not gone well and the company has failed to follow up with commitments regarding the refund process (keeping me advised of how it is going so I could continue to post and inform people due refunds).

I write the blog under a pseudonym for my last name. Late last night the owner of the company posted my name, age, address, and telephone number (the information is not current) and stated that she would continue to release information about my employment, other addresses and living family members until her demands were met. Her demand is that the blog and page be taken down.

She has previously stated she would send C&D’s and file defamation suits against myself and the other admins of the page. She has never pursued that, but is once again gearing up to attempt to pursue it.

I need assistance in knowing my rights to privacy and to guard against this threat. I will not be taking the page or blog down.

Any guidance you could provide would be most appreciated.

A: Your message below raises serious issues with respect to the unwanted dissemination of personally identifying information as well as defamation liability based on blogging or otherwise publishing content on-line.

Very generally speaking, the First Amendment provides fairly broad protection for the dissemination of truthful information that was lawfully obtained.

As you point out, however, dissemination of even truthful information can sometimes implicate privacy rights. Unfortunately, any analysis of this particular situation would be highly fact-intensive and would likely involve expertise in your state’s law and is therefore beyond the scope of what we can provide through this service.

You may, however, want to consider contacting the Online Media Legal Network (http://www.omln.org/), which may be able to provide either direct assistance or point you to other possible resources. You may also be able to find legal assistance through one of the resources for your state listed on the American Bar Association web site at http://apps.americanbar.org/legalservices/findlegalhelp/main.cfm?id=OK.

Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

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 Dinzeo.

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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.

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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 client’s statements about the advise were false and since the station did not verify them, it had acted with disregard for the truth. -db

From The Reporters Committee for Freedom of the Press, November 8, 2011, by Chris Healy.

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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 defamation complaint contended that since the song had an international impact and over 3 million downloads in the U.S., she could sue anywhere in the country. -db

From the Courthouse News Service, November 8, 2011, by Adam Klasfeld.

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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 disparaging  comments about blogging, saying in one case that “blogs are a subspecies of online speech which inherently suggest that statements made there are not likely provable assertions of fact.” Sharkey is afraid that given a number of these judicial judgments, bloggers may have difficulty in the  realm of shield law and news gathering privilege. -db

From a commentary for the Citizen Media Law Project, November 7, 2011 by John Sharkey.

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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 Reynolds.

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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.

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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 Huet.

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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 Courthouse News Service, October 31, 2011, by Erin Mcauley.

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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 Court took the case, the heinous nature of Kowalski’s actions would make it more difficult to clearly define the limits of speech. -db

From a commentary in Justia (Verdict), October 31, 2011, by Julie Hilden

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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 in the race for district attorney. -db

From the Courthouse News Service, October 27, 2011, by Jonny Bonner.

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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 the country in which they are based,” reports Out-Law.com.

From Out-Law.com, October 26, 2011.

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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 that the City Council and city manager could increase public confidence by disclosing their compensation including benefits and other perks. -db

From the Courthouse News Service, October 24, 2011, by Bonnie Barron.

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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 with firearms and excessive drinking.

Fainaru, then a Washington Post reporter,  won the Pulitzer for international reporting in 2008 for a series of articles on Triple Canopy, Blackwater and and other mercenary firms in Iraq. -db

From the Courthouse News Service, October 19, 2011, by Kevin Koeninger.

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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

From the Courthouse News Service, October 18, 2011, by Lisa Coston.

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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 lead character were sufficiently ‘transformative’ to bring the material within the scope of First Amendment protection,” writes Kristen Rasmussen for The Reporters Committee for Freedom of the Press.

From The Reporters Committee for Freedom of the Press, October 14, 2011, by Kristen Rasmussen.

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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 a commentary in the Seattle Weekly, October 11, 2011, by Curtis Cartier.

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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 Courthouse News Service, October 5, 2011, by Marimer Matos.

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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 opinion” and hence protected speech. -db

From the Metropolitan News-Enterprise, October 6, 201, by Sherri M. Okamoto.

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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 publishing false statements. -db

From an analysis for ABC, September 28, 2011, by Shushannah Walshe.

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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, 2011, by Wendy Davis.

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