The Blogging Journalist

Lawyers Seek Identity of Illinois Paper's 'Bloggers'

Kevin Caufield, a reporter with the LaSalle NewsTribune of LaSalle, Illinois, USA, reported July 31, 2008, that,  "A legal petition has been filed against an Ottawa-based newspaper’s Web site requiring it to relinquish the identification of two of its “bloggers” so that a defamation of character suit can be filed against them at a later date."

The paper is The Times of Ottawa, Illinois, USA. See "Lawyer presses Ottawa newspaper for information on bloggers."

Technorati Tags: LaSalle News Tribune,The Times

Memphis Blogger Files Suit to Unseal a Case About a Blogger

Thaddeus Matthews, described by Alex Doniach of the  Memphis Commercial Appeal in Memphis, Tennessee, USA, as a "Controversial blogger and radio host" in the bluff city, "wants to know the details of a lawsuit between Memphis Police Director Larry Godwin and anonymous bloggers critical of Godwin’s regime."

Doniach reported in a July 25, 2008, article that, "Attorneys from the American Civil Liberties Union Foundation of Tennessee, who are representing Matthews, filed a motion this afternoon in Chancery Court seeking to intervene and view documents involved in the Godwin-blogger case, which was sealed by Chancellor Kenny Armstrong."

Doniach said, "Godwin and the city of Memphis filed the lawsuit July 10, [2008] asking AOL to produce all information related to the identity of the e-mail address linked to MPD Enforcer 2.0, a blog popular with police officers that has been critical of police leadership."

If you want to read more, see "Motion filed to unseal Godwin-blogger case."

Technorati Tags: Thaddeus Matthews,Alex Doniach,Memphis Commerical Appeal,Larry Godwin,MPD Enforcer 2.0

Insurance Journal: 42 Lawsuits Pending Against Bloggers

"As of July 1, 2008, thirty-nine (39) states have seen 149 personal injury lawsuits and 11 criminal suits filed against bloggers," reports Christopher J. Boggs in a July 14, 2008, post at Insurance Journal. Boggs notes:

Forty-two cases are still pending and 18 suits were resolved through pre-trial settlement. Only seven lawsuits have resulted in judgment against the defendant blogger," he reports. Nearly 77 percent of ALL civil cases were found in favor of the blogger or saw the charges dropped by the plaintiff.

Boggs said "92 percent of blog-related suits making it to trial end in blogger triumph (additional information available at Media Law Resource Center). Odds at trial are overwhelmingly in the blogger's favor, but there is no guarantee that this propensity towards blogger victory will continue."

To read his entire post, please see "Blogs Can Get Insurance Clients 'SLAPP'ed!"

Technorati Tags: Sued Bloggers,Insurance Journal,Christopher J. Boggs

Would You Identify An Anonymous Blogger for Prosecutors?

Jonathan D. Glatner has a post in the July 15, 2008, New York Times online headlined "At the Uneasy Intersection of Bloggers and the Law."

According to Glatner:

A grand jury subpoena sent by prosecutors in the Bronx [New York, USA] earlier this year sought information to help identify people blogging anonymously on a Web site about New York politics called Room 8.

"The subpoena carried a warning in capital letters that disclosing its very existence “could impede the investigation being conducted and thereby interfere with law enforcement” — implying that if the bloggers blabbed, they could be prosecuted.

It's something to think about. What would you do if you received such a letter from a prosecutor?

Technorati Tags: Jonathan D. Glatner,The New York Times Co.,Bloggers and the Law

Did a U.S. Attorney Cause a Blogger to Lose His Job?

Raw Story reported July 11, 2008, that, "The abrupt dismissal of a veteran University of Alabama [at Birmingham] employee who blogged about the firing of seven US Attorneys has added a bizarre new twist to allegations that the state's US Attorneys targeted political opponents for prosecution."

According to Raw Story's Lindsay Beyerstein, "Roger Shuler -- a high-profile blogger and leading critic of Alabama's judicial system -- has written extensively about alleged corruption among U.S. Attorneys for over a year."

"In particular," Beyerstein reports, "Shuler focused on two US Attorneys from his home state: Alice H. Martin of the Northern District and Leura G. Canary of the Middle District."

Martin defends herself in a email to Raw Story.

It's a fascinating story. If you want to read more, see "Alabama US Attorney denies any involvement in university editor's termination." 

Roger Shuler blogs at Legal Schnauzer. See his July 11, 2008, post headlined "Blog About Siegelman, Lose Your Job."

Technorati Tags: Raw Story,Lindsay Beyerstein,Roger Shuler,Leura G. Canary,Alice H. Martin,Legal Schnauzer

Bloggers and the Law: Two Online Legal Guides

BuzzMachine founder and proprietor Jeff Jarvis posted two links February 1, 2008, that should be of great benefit to bloggers. Wrote Jarvis:

My colleague at CUNY, Prof. Geanne Rosenberg, has just put up an online course for bloggers and media practitioners of any stripe with the 10 things you need to know to stay out of court.

Jarvis also noted that, "For a graduate-level course with lots of in-depth details, the amazing Berkman [Center for Internet and Society at Harvard Law School] is, at the same time, putting online a legal guide with information on such topics as setting up a publishing business."

Thanks, Jeff. That's why I try to read you daily. There's always something of value.

If you want to read Jeff's entire post, see "For bloggers: A stay-out-of-jail card."

By the way, as a litigation paralegal since 1991 and a former freedom of information officer, newsletter publisher and journalist, I always think about the legal implications of what I write. I also follow changes in the law, especially as it relates to Internet publishing, copyrights and fair use.

In fact, I'm currently taking advantage of the Massachusetts Institute of Technology's OpenCourseWare offering Introduction to Copyright Law through video lectures. According to the course description:

This course is an introduction to copyright law and American law in general. Topics covered include: structure of federal law; basics of legal research; legal citations; how to use LexisNexis®; the 1976 Copyright Act; copyright as applied to music, computers, broadcasting, and education; fair use; Napster®, Grokster®, and Peer-to-Peer file-sharing; Library Access to Music Project; The 1998 Digital Millennium Copyright Act; DVDs and encryption; software licensing; the GNU® General Public License and free software.

I'm fairly familiar with the "structure of federal law; basics of legal research; legal citations; how to use LexisNexis®; the 1976 Copyright Act; copyright as applied to music." I use LexisNexis almost daily for legal research in my day job.

I learned the foundation of the U.S. legal system, legal research, etc. at Roosevelt University in Chicago and in continuing legal education course and through continuous independent reading and research. It has served me well. The key is not knowing everything about the law, but how to research what you don't know and how to analyze it.

As an independent blogger, it is imperative that you be prepared if an intimidating, legal complaint is served on you for something you wrote. If you know something about the law, it won't seem so intimidating.

Finally, I recommend free, non-credit courses such as that offered by MIT, Stanford and a number of other universities as a means to become familiar with the law, if you are unfamiliar with it, and don't want to formally go to into law or paralegal studies.

Technorati Tags: Jeff Jarvis,Professor Geanne Rosenberg,CUNY,Berkman Center for Internet and Society

Judge Plans to Order Dallas ISP to Reveal Name of a Sued Texas Blogger

CHICAGO, USA -- Houston Chronicle correspondent R.G. Ratcliffe reported September 20, 2007, that, "An unlikely Internet frontier is Paris, Texas, population 26,490, where a defamation lawsuit filed by the local hospital against a critical anonymous blogger is testing the bounds of Internet privacy, First Amendment freedom of speech and whistle-blower rights."

According to Ratcliffe, "A state district judge [Scott McDowell]  has told lawyers for the hospital and the blogger that he plans within a week to order a Dallas Internet service provider to release the blogger's name. The blogger's lawyer, James Rodgers of Paris, said Tuesday [September 18, 2007] he will appeal to preserve the man's anonymity and right to speak without fear of retaliation."

To read this important article, see "Suit against blogger weaves legal web in Paris, Texas." We need to monitor this case very closely.

Technorati tags: Sued Texas Blogger, Houston Chronicle, Paris, Texas, Judge Scott McDowell

Dan Rather's Lawsuit Against CBS

CHICAGO, USA -- I see former CBS Evening News managing editor Dan Rather has filed a $70-million lawsuit against the network and some current and former CBS honchos.  The reasons are in Dan Rather against CBS Corporation, Viacom, Inc, Les Moonves, Sumner Redstone and Andrew Heyward. 

I guess its hard to let go of the humiliation he suffered at the hands of bloggers who questioned the authenticity of purported Texas National Guard documents used in a 60 Minutes Wednesday broadcast about President George W. Bush's service in the Texas Guard during the Vietnam War. CBS aired the report on September 8, 2004. The documents are known as the Killian Documents.

Since the report aired two months before the November 2004, elections, some observers wondered if Rather and CBS were trying to influence the outcome. President Bush was re-elected by defeating Massachusetts senator John Kerry.

The onslaught from the right was too much for CBS and Rather was forced to resign. Three years is a long time to mull over humiliation. At least he filed a lawsuit rather than pick up a gun and shoot up CBS.

Mary Mapes, who was rather's producer on the 60 Minutes piece and was fired for her role in it, has a commentary on the lawsuit. See "Courage for Dan Rather."

Technorati tags: Dan Rather, CBS, Sumner Redstone, Les Moonves, Andrew Heyward, Rather Sues CBS, Killian Documents

Groklaw Excelled in Coverage of The SCO Group, Inc v. Novell, Inc

When I heard on August 10, 2007, that Utah-based U.S. District Court Judge Dale Kimball had issued a 102-page opinion in The SCO Group, Inc v. Novell, Inc, I was anxious to read it. I was also anxious to see what paralegal and blogger Pamela "PJ" Jones , founder of Groklaw and an expert on the case, had to say about the opinion. Even lawyers in the case and those with impending litigation involving The SCO Group and the companies they represent turn to her blog for news about the case. See "Lawyers Flock to Mystery Web Site's Coverage of SCO-IBM Suit."

As a litigation paralegal with a journalist background, reading well-crafted legal opinions is as natural as reading a good novel. Judge Kimball's August 10, 2007, Memorandum Decision and Order in The SCO Group, Inc v. Novell, Inc fit the bill as a good read. It was comprehensive and lacked the legal jargon that often keeps those uninitiated in law in the dark.

A civil litigation defense paralegal since 1991, I naturally gravitated towards Novell and its claim that it, not SCO, owned UNIX and UnixWare copyrights, and that SCO only had a license for UNIX. As P.J and many others expected he would, Judge Kimball ruled that Novell, Inc is the rightful owner of UNIX and UnixWare copyrights.

If you are interested in this case--it's not over yet--I suggest you visit Groklaw for background.  P.J has followed it from day one. She is perhaps the foremost authority on it. Her views on Judge Kimball's ruling are in "Court Rules: Novell owns the UNIX and UnixWare copyrights! Novell has right to waive! 

Note: A longer version of this post can be found at The Technology Free Press, my blog about "tech news, web/tech, tech blogging and tech politics.

Technorati tags: The SCO Group Inc v. Novell Inc., Novell, SCO, Judge Dale Kimball, Groklaw, Paralegal and Blogger Pamela "PJ" Jones

Do Homeowners Insurance Policies Cover Libelous Blogging?

I visited The Berkman Center for Internet and Society at Harvard Law School's web page on July 27, 2007, to see if there was anything useful for bloggers.

The was. pmckiernan had submitted a useful post "from David Ardia of Citizen Media Law Project... Arcadia noted that, [UCLA law professor] Eugene Volokh "has reposted a very useful analysis of whether homeowner's insurance policies cover libel lawsuits, entitled Blogger -- You Might Have Already Had Libel Insurance."

"Volokh concludes -- in my opinion, correctly -- that homeowner's insurance policies, and possibly some renter's insurance policies, generally cover libel lawsuits," Ardia writes. "While these policies don't cover punitive damages (almost all policies exclude intentional or willful conduct), they do cover compensatory damages and attorney's fees.
This is obviously good news for citizen journalists. But the picture is not quite so rosy," he warns.

To learn why, please see "Libel Insurance For Bloggers?

Technorati tags: The Berkman Center for Internet and Society, David Arcadia, Citizen Media Law Project, Eugene Volokh, Blogger Libel Insurance

Correction: Dave Winer Wasn't Sued For Defamation

The headline on my May 28, 2007, post headlined Dave Winer Gets Legal Relief From Defamation Suit" is erroneous.  So is the following paragraph:

Dave Winer at Scripting News has posted good news about his legal problems with his former lawyers and UserLand.  If  you've followed Dave as I have, you most likely know that he was sued for defamation by Jack Russo of Russo & Hale.

The California law firm sued Winer and Scripting News, Inc, Winer's company, in August 2006, on behalf of minority shareholders of UserLand Software, Inc. It also sued UserLand while representing the minority shareholders in the action against Winer. See "Register of Actions/ Docket in Russo & Hale, LLP, et al v UserLand Software, Inc, et al. The case is listed as "open."

But Winer was not sued for defamation. It was a "derivative action" against him. He was the majority shareholder of UserLand, and was sued by the minority shareholders "with regard to claims for breach of fiduciary duty, waste, unjust enrichment, and fraud."

According to Russo & Hale's Michael Risch, who brought the error to my attention in a May 28, 2007, e-mail:

The lawsuit at issue was not for defamation, it was a derivative action for misappropriation of corporate assets 2. The motion for reconsider [link added] referenced in your blog has not been decided. It is therefore inaccurate to call it either successful or unsuccessful.

Risch is correct. It is "inaccurate to call it either successful or unsuccessful" as long as a ruling is pending on Russo and Hale's motion asking Judge Joseph Huber of the Superior Court of Santa Clara County, California, USA,  to reconsider his March 8, 2007, ruling that said Russo & Hale was

representing itself in a  direct action against UserLand and Winer with regard to a claim that Russo & Hale LLP is entitled to a 10% equity interest in UserLand and NEWCo.

Judge Huber, a Stanford Law School graduate, who was admitted to the bar in 1967 and appointed judge by former California Governor Gray Davis, noted in his decision on Winer motion's to disqualify Hale & Russo:

As was the case in Apple Computer, Inc v. Superior Court (2005) 126 Cal.App.4th 1253, 1273, we are dealing with more than speculative conflicts and the appearance of impropriety. Russo & Hale LLP has placed itself in a position of divided loyalties by attempting to represent the minority shareholders on a claim against the majority shareholder while simultaneously representing itself on a separate claim that is adverse to the minority shareholders. This a direct conflict of interest and a ground for disqualification. Accordingly, Russo & Hale LLP are hereby disqualified from serving as counsel in the derivative causes of action.

I welcome and accept Risch's opinion. I also accept that the motion to reconsider has not been decided, and that it is a question that could conceivably be appealed if Russo & Hale don't prevail in their motion.

Dave Winer Gets Legal Relief From Defamation Suit

Dave Winer at Scripting News has posted good news about his legal problems with his former lawyers and UserLand. If  you've followed Dave as I have, you most likely know that he was sued for defamation by Jack Russo of Russo & Hale. 

"Russo & Hale sued UserLand, Scripting News, and myself, in August 2006," he notes.

 Interestingly, "Russo was UserLand's attorney, a board member, secretary and my personal attorney, from 1988 to 2005," which presented a conflict for the firm when it tried to represent minority shareholders against majority shareholder Winer, while at the same time suing the minority shareholder and Winer. Here's the legal opinion on it. Here's Russo & Hales' attorney Michael Risch's unsuccessful motion to reconsider and Winer's successful opposition to the motion to reconsider.

Fortunately, the case was settled through mediation before anymore expenses were incurred. On May 10, 2007, Winer wrote:

 Amount spent so far defending against Russo & Hale lawsuit (my former lawyers): $115,000.

As for conclusion of the litigation, Winer wrote on May 25, 2007:

It was a marathon mediation, starting at 10 AM, finishing at 9 PM, but we reached a settlement, drafted an agreement, and signed it. Most of the terms are confidential, but the important point is that we executed mutual releases, so there won't be any lawsuits.

Here is more background on the case. Here's is Russo & Hale's case docket on it.

Unfortunately, prior to this experience, Dave was like many people who go into business and do things on solely on handshakes rather than contracts. This utopian approach suggest that cutting corners is costly, and that you will likely pay the lawyers and the accountants sooner or later.  He wrote on March 31, 2007:

... if I want to clean up the mess that UserLand has become, now I have the ability to do so. It will still cost me personally many thousands of dollars, but it's a price I have to pay for having cut corners over the years. If I want my freedom, a bunch of lawyers and accountants and the government have to be paid. So be it.

So, what's the lesson that Dave has learned from all of this: "I learned a very important lesson here, one that my friend Jason Calacanis [link added] said at the OPML Road Show in NYC in 2005. If a deal is worth doing, it's worth documenting with a good agreement. Anyone who is doing business with me these days knows that I have embraced this ethos wholeheartedly! Wish I had been following it through the 80s and 90s. A word to the wise."  See "An Untold Story of UserLand."

Editor's Note: According to Wikipedia, the photo used in this article was taken by Betsy Devine in Boston, Massachusetts, USA, on January 3, 2006. It "is licensed under the Creative Commons Attribution ShareAlike License v. 2.5: http://creativecommons.org/licenses/by-sa/2.5/."

Technorati tags: Dave Winer, Scripting News, Userland, Jack Russo, Russo & Hale, Jason Calacanis, Betsy Devine

Defamation Suit Against Abe Olandres Dismissed

I glad to see that the libel suit against  Abraham "Yuga" Olandres, proprietor of Yugatech, a popular technology news site in the Philippines, has been dismissed. He wrote about it in a May 27, 2007, post headlined Surviving a Libel Case. 

Yuga provides background in the post and thanks those who helped him financially, legally and otherwise.

I've worked on hundreds of lawsuits and it's not easy enduring them emotionally, especially if you don't have the resources to fight a well-funded plaintiff, and you are intimidated by the legal process.

Abe, will you be going back to your role at The Blog Herald?

By the way, we can all learn from Abe's experience. Any of us can get sued at anytime. Don't think it can't happen.

Do You Use Images Without Permission?

Science Writer David Bradley offers good advice in a May 25, 2007, post at Sciencebase headlined "Credit where credit is due." It's a warning against using images without permission.

Susan Jacobson's List Of 'Legal Considerations For Audio-Visual Journalists'

Highly recommend: Temple University professor and blogger Susan Jacobson's invaluable, February 25, 2007, article headlined "Legal Considerations for Audio-Visual Journalists.

MediaNews Group, Hearst Antitrust Suit Set For April 2007

San Francisco, California-based U.S. District Court Judge Susan Illston is scheduled to preside in April 2007 over an antitrust trial that will decide whether "MediaNews Group Inc. and Hearst Corp.", described by the Sacramento Business Journal (SBJ) as the San Francisco Bay areas "two biggest newspaper owners," can "collaborate on distribution and advertising."

The Tokyo-born Illston ruled December 19, 2006 that they could not in the months leading up to the trial, which resulted from a lawsuit "by local real estate investor Clinton Reilly who says their acquisition of former Knight Ridder Inc. papers from The McClatchy Co. (NYSE: MNI) violates antitrust laws," SBJ noted in its December 20, 2006, edition."

SBJ said, "Sacramento-based McClatchy publishes 32 newspapers, including The Sacramento Bee and Star Tribune of Minneapolis," whose sale was announced December 26, 2006.

The SBJ article provides great background on who owns media properties in the Bay Area. To read more, please see "Judge blocks Bay Area newspaper agreement.

Technorati tags: Judge Susan Illston, MediaNews Group, Inc., Hearst Corporation, Clinton Reilly, Sacramento Business Journal

Blogger Perez Hilton Sued

"Celebrity blogger Perez Hilton has been hit with a $7.6 million copyright infringement lawsuit by a Los Angeles photo agency," according SFGate.com and other publications.

For details see "Perez Hilton Hit with $7.6 Million Lawsuit." By the way, Hilton has one of the most successful celebrity blogs in the world. The suit has drawn attention as far away as China. China Daily reported it in a post headlined "Paparazzi sues celeb blogger for $7.6M."

Why Bloggers Aren't Liable For Republishing Defamatory Articles

As Blogging Journalist readers probably know by now, the California Supreme Court on November 20, 2006, issued a  41-page opinion in Stephen J, Barrett, et al v. Ilena Rosenthal that says bloggers and other online publishers cannot be held liable for republishing defamatory material. The court overturned this opinion.

 The court based its opinion on the Communications Decency Act of 1996, which says:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. (47 U.S.C. § 230(c)(1).)1 No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.(§ 230(e)(3).)

The court said "These provisions have been widely and consistently interpreted to confer broad immunity against defamation liability for those who use the Internet to publish information that originated from another source. The immunity has been applied regardless of the traditional distinction between “publishers” and “distributors.”

Note: Links to Supreme Court opinion cited above and the Communications Decency Act are courtesy of The Jurist.

Opinion: Louisiana Ethics Laws Don't Cover Bloggers

John Hill at Shreveporttimes.com, the online presence of The Shreveport (Louisiana) Times, reported October 10, 2006, that "Louisiana political bloggers and Web site operators stirred Monday [October 9, 2006], alarmed by an item on the State Ethics Board's Thursday [October 12, 2006] meeting agenda that they said would lead to a discussion about regulation and political ad placements on the sites."

"But the Ethics Board staff says there's nothing in state law that could be construed as regulating an Internet Web site, so there will be little discussion," Hill wrote.

To read more, see "State ethics laws don't cover bloggers, attorney says."

USA TODAY: Some People 'Harmed' By Bloggers Beginning To Fight Back

On October 2, 2006, USA TODAY published a highly recommended article headlined "Courts are asked to crack down on bloggers, websites." It's about how bloggers are "increasingly... being targeted by those who feel harmed by blog attacks."

According to  USA TODAY, "In the past two years, more than 50 lawsuits stemming from postings on blogs and website message boards have been filed across the nation. The suits have spawned a debate over how the "blogosphere" and its revolutionary impact on speech and publishing might change libel law."

Also see Hard OCP's October 3, 2006, post "It’s Popular To Sue Bloggers.

Technorati tags: Lawsuits Against bloggers, blog attacks

Blog Posts As Court Evidence

In a September 28, 2006, article on blogging and litigation, Boston Globe reporter Sacha Pfeiffer said, "First came the hard-learned lesson that e-mail can be used as evidence in legal proceedings. Now blogs -- basically, continuous public Internet journals -- are emerging as fair game in civil disputes, criminal cases, and government investigations, where they are used as evidence with growing frequency."

Pfeiffer cites several cases where blog posts have been used as evidence, To read about them, see "In court, blogs can come back to dog the writers."

HP Scandal About Spying On Journalists, Board Members Escalates

The New York Times'  Damon Darlin reported September 18, 2006, that, "A secret investigation of news leaks at Hewlett-Packard was more elaborate than previously reported, and almost from the start involved the illicit gathering of private phone records and direct surveillance of board members and journalists, according to people briefed on the company’s review of the operation."

To read The Times report, see "Deeper Spying Is Seen in Hewlett Review." May require registration.

Contemporary Media And The JonBenet Ramsey Story

Dana Robbins, editor-in-chief of The Hamilton (Ontario, Canada) Spectator, says in an August 19, 2006 post that, "The arrest this week in Thailand of a man charged in the slaying of JonBenet Ramsey is but the latest chapter in a story that says much about contemporary media, and something about human nature."

To read what she thinks it says, see "Weighing the value of a child's life."

The Case of Videoblogger Josh Wolf

As those who monitor the Blogosphere know, on August 1, 2006, Judge William Alsup of Federal District Court in San Francisco ordered videoblogger Josh Wolf into Federal custody for refusing to testify before a federal grand jury and to give the Feds what Time Magazine calls "unpublished video footage he shot during a raucous clash on the streets between San Francisco police officers and anti-G8 protesters" on July 8, 2005.

 

You can follow his travails at his blog, The Revolution Will Be Televised,"

 

The name reminds me of Gil Scott-Heron's poem and song "The Revolution Will Not Be Televised," with the "not" left out. Some may think of Joe Trippi's book "The Revolution Will Not Be Televised: Democracy, the Internet, and the Overthrow of Everything."

Peoples Daily: 'Dell Faces Class-Action Lawsuit In China'

People's Daily Online of China reported August 4, 2006 that, "The US-based PC giant Dell is facing fraud accusation by Chinese customers. A Shanghai court will hear a petition against Dell by an IT engineer and Beijing consumers are preparing for legal action against Dell. Consumers in Anhui, Jilin provinces are also considering same actions. The anger is caused by Dell's substitution of Intel Conroe T2300E CPU for Intel Conroe T2300 in their laptops.

To read more, see "Dell faces class-action lawsuit in China."

Slate: Should The Law Protect 'Kiss-and-tell Bloggers?'

Here is a an important question about the legal implications of bloggers publishing their sexual doings with others without the consent of their partner or partners: "Should the law protect us from kiss-and-tell bloggers?"

 

The question is asked by Dahlia Lithwick, "a Slate senior editor," in a  July 29, 2006 post headlined "Private I's?" Her article continues the debate surrounding Robert Steinbuch's "civil action" against former Washingtonienne blogger and congressional staff assistant Jessica Cutler who, like Steinbuch, worked for Ohio Republican Senator Mike DeWine when the sexual activity described in the lawsuit took place.

 

Earlier, Seattle Attorney Bruce Johnson, who has experience defending journalists, dealt with the issue in a March 29, 2006 article headlined "Steinbuch v. Cutler: When is a Personal Blog Considered Publicity?" His post is in the Privacy and Security Law Blog.

 

T.R. Goldman at Legal Times.com raised great points in a May 22, 2006 article headlined "A Man Scorned."

As Wikipedia notes, Washingtonienne "was brought to the attention of the public by popular Washington blogger Wonkette, (who at the time was Ana Marie Cox, whom Steinbuch wants to add to the suit) resulting in her being fired from her job by DeWine on June 11, 2004, for "unacceptable use of Senate computers".

 

While Cutler, who currently blogs at "Jessica Cutler Online," only used the initials R.S. to describe her dalliances with Steinbuch, some readers knew to whom she was referring. Apparently he did too. He sued her in June 2005

for invasion of privacy for public revelation of private facts arises from the dissemination, on the World Wide Web, of a “blog” compiled by the Defendant Jessica Cutler, describing in graphic detail the intimate amorous and sexual relationship between Cutler and the Plaintiff. Cutler’s outrageous actions, setting before anyone in the world with access to the Internet intimate and private facts regarding Plaintiff, constituted a gross invasion of his privacy, subjecting him to humiliation and anguish beyond that which any reasonable person should be expected to bear in a decent and civilized society.

Steinbuch is currently an assistant professor at the William H. Bowen School of Law at the University of Arkansas at Little Rock. I wonder what his students think.

Here are my thoughts: If I were in a similar situation, and I'd engaged in the activity described, I hope I would swallow my pride and not file such a suit.  The discovery process, which I specialize in during my day job, can be brutal in these suits. You open yourself up to humiliation and more than you might want to reveal.

 

Finally, I can't understand why Steinbuch included everything Cutler wrote about him in his complaint. When you read it, it's no different than reading the salacious content in Washingtonienne. Before the suit, I'd say very few people knew his identity, or what Cutler wrote for that matter. Now, his case will be cited in similar suits whether he wins or loses.

 

As the law says, the best defense against Libel and slander is the truth. Is what Washingtonienne wrote true?

 

Is this a justifiable defense for a blogger in a similar situation?

 

What if a lover blogged about your sexual preferences, skill as a lover or lack of skill. Would you sue? Would you get angry? Is this something bloggers should think about before we dig deep into a person's personal life? Just asking.

Why Did Rabbi Drop Legal Challenge Against Bloggers?

Oliver Luft at Journalism.co.uk noted July 21, 2006 that "Rabbi Mordecai Tendler, former leader of Kehillat New Hempstead in New Hempstead, New York," has "dropped a legal challenge against bloggers who published details of his alleged sexual misconduct."

Luft recalled that Tendler "had filed petitions in an effort to force blog host Google to disclose the identities of those behind blogs Jewish whistleblower, rabbinic integrity, Jewish survivors and New Hempstead news."

"He initially claimed the bloggers had defamed him and filed petitions both in Ohio and California, but has since dropped the Ohio petition," Luft wrote

To learn why he dropped the challenge, see "Disgraced US Rabbi drops legal challenge to identify bloggers."

For background, see the Forward's June 14, 2006 article headlined "Rabbi Challenges Right to Anonymity on Internet."

Has Apple Decided Not To Appeal Blogging Decision?

"Apple Computer has decided not to appeal a California state appeals court ruling that went against the company in May and said bloggers were entitled to the same privacy privileges for their sources as mainstream journalists," reports Andy Patrizio in a July 12, 2006 article in Internet News.com.

To read the story, see "Apple Declines To Appeal Blogging Decision."

Killer of Ex-Times Reporter To Serve Only 7.5 Years

George Thompson, the man convicted May 16, 2006  for causing the May 17, 2003 death of former Time magazine reporter Julie R. Grace, has been sentenced to only "71/2 years in prison for involuntary manslaughter." 

 

I guess that's all her life was worth. The defense argued that her chronic alcoholism led to her death

 

For the story, see the Chicago Sun-Times article headlined "Man gets 7.5 years in death of ex-Time reporter." 

 

Grace's family members issued victims impact statements. They were published by the Chicago Abused Women Coalition.

MySpace, Inc. Reportedly Sues Theglobe.com Inc.

MarketWatch.com reported June 12, 2006 that, "Theglobe.com Inc.  said Friday [June 9, 2006] that it was served with a lawsuit filed by News Corp.'s  MySpace Inc. alleging that Theglobe.com sent "unsolicited and unauthorized commercial email messages" to MySpace members using MySpace user accounts."

 

For more, see "Theglobe.com served with suit by News Corp's MySpace."

CNetNews.com: 'AT&T Leaks Sensitive Info In NSA Suit'

"Lawyers for AT&T accidentally released sensitive information while defending a lawsuit that accuses the company of facilitating a government wiretapping program, CNET News.com has learned," Declan McCullagh, staff writer at CNET News.com, reported May 26, 2006.

McCullagh said, "AT&T's attorneys this week filed a 25-page legal brief striped with thick black lines that were intended to obscure portions of three pages and render them unreadable (click here for PDF).”

"But,” he added, “the obscured text nevertheless can be copied and pasted inside some PDF readers, including Preview under Apple Computer's OS X and the xpdf utility used with X11."
Both the article and the brief are quite revealing. For more, please see "AT&T leaks sensitive info in NSA suit."

Jonathan Bailey’s Plagiarism Today Blog

 I think Jonathan Bailey’s informative and useful Plagiarism Today is a blog that every blogger should regularly read. Bailey tracks plagiarists the way a hound tracks an escaped convict.

By the way, his May 20, 2006 post on the “Digital Millennium Copyright Act (DMCA),” which, as Bailey notes, “set forth the requirements for a copyright holder to submit a complaint to a host and get any infringing materials removed,” is a reminder that bloggers have to be concerned about legal issues.

Bloggers with a tendency to copy entire articles should definitely read it. I frequently come across articles in blogs copied directly from newspapers and magazines. Even with attribution, that goes beyond the fair use exception to the Copyright Act.

3rd Circuit Court Of Appeals to Rule On Delaware's FOI Act

The New York Times reported May 12, 2006 that, "A panel of U.S. federal appeals court judges will rule on the constitutionality of Delaware's Freedom of Information Act, which denies nonresidents access to public records in the state, the legal home of many major American corporations."

 

The Times said, "The three-judge panel of the Third U.S. Circuit Court of Appeals held a hearing here Thursday [May 11, 2006] in the case. Ten other states have laws similar to the one in Delaware.

Irish Bloggers and Ireland's New Defamation Laws

Maxim Kelly of ENN (Electric News Net), which describes itself as "one of Ireland's first pure digital communications companies," asks in a May 5, 2006 post: "Will new defamation laws diffuse the legal minefield for online publishers?"

For ENN's answer, please see "New Laws to Make Impact on Blogosphere."

'Constitutionally Protected Blogging': An Analysis

Blogger Craig Martelle has an April 26, 2006 post over at ThreatWatch on "Constitutionally Protected Blogging." It's an analysis of "legal developments" that should be of importance to all bloggers. He cites legal cases involving bloggers

Recommended: 'The Shifting Legal Landscape of Blogging'

Jennifer L.Peterson, "an associate at LaFollette Godfrey & Kahn" in Madison, Wisconsin, has an important article in the March 2006 issue of Wisconsin Lawyer headlined "The Shifting Legal Landscape of Blogging." I strongly encourage every Blogging Journalist reader to carefully study it as it you've been hit with a defamation suit. Her conclusion:

Blogs are changing the way people communicate. By their nature, however, blogs may not fit neatly in the private/public figure distinction in defamation law, established more than 30 years ago, or the framework of the Communications Decency Act, passed fewer than 10 years ago. Although the law has yet to catch up with this new technology, everyone should be aware of their blogging rights and responsibilities as well as the rights of those they criticize and discuss in blogs.

Peterson, a member of LaFollette Godfrey & Kahn's "litigation and media law teams," according to the bio accompanying her article, also wrote:

As a practical matter, every blogger should know and understand basic defamation standards and the parameters of immunity applied pursuant to section 230. Future blogging defamation cases likely will refine the parameters for liability and immunity with courts basing their decisions, at least in part, on the context of the blog at issue.

Again, I highly recommend Peterson's article. Also see "Local Legal Experts Warn Of Potential Risks Of Blogging."