This list, maintained by the MLRC Institute, lists incidences in the United States in which online speech is threatened, whether through libel suits, criminal investigations, or other means. If you know of something we missed, please let us know. For more details on this list, see “Notes and Sources” below.
Buckles v. Brides Club, Inc.
Technology & Marketing Law Blog
A federal district court in Utah recently concluded that several individuals who were allegedly involved in the creation of a false blog and LinkedIn account targeting a Utah resident are properly subject to personal jurisdiction in Utah.
http://blog.ericgoldman.org/archives/2010/08/creation_of_fal.htm
-- Decision, Buckles v. Brides Club, Inc.: http://www.scribd.com/doc/35900821/Buckles-v-Brides-Club-D-Utah-Aug-11-2010
Finkel v. Dauber
Technology & Marketing Law Blog
...The case involves a private Facebook group comprised of 6 high school students apparently mocking and criticizing one of their classmates
http://blog.ericgoldman.org/archives/2010/07/private_faceboo.htm
>> Decision, Finkel v. Dauber: http://www.scribd.com/doc/34896368/Finkel-v-Dauber-Dismissed
Corbett v. Twitter
STATUS: Dropped
Pennsylvania prosecutors sought a grand jury subpoena to Twitter, demanding the identity of two account holders , allegedly because they criticized the state attorney general. They said the identity of the Twitterers mattered if one was a defendant in a political corruption investigation, because it would show the defendant had a bad attitude that should earn him a higher sentence. According toa spokesman, the grand jury subpoena was dropped on May 21, 2010.
The two Twitterers, CasablancaPA and bfBarbie both received an e-mail from Twitter on Tuesday saying the company would respond tot he subpoena in a week 'unless we receive notice from you that a motion to quash the subpoena has been filed or that this matter is otherwise resolved."
Links and court documents
Subpoena (May 6, 2010)
Pennsylvania AG Dropping Twitter Subpoena, Wired, May 21, 2010
Pennsylvania Attorney General Tries to Unmask Twitter Critics, Wired, May 19, 2010
CRIMINAL CASE: Florida v. Victor Cruz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Felix Cuevas, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Richard Figueroa-Santiago, No. 08-021458CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Antonio Germiniano, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Devin Goldie, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Miguel Jimenez, Jr., (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Erik Hernandez, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Uriel Lujan, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Yan Rocha, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Obduella Soto, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Pablo Ortega, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Priscilla Ortiz, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Elvis Eladio Rodriguez, No. 08-000169CF (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
CRIMINAL CASE: Florida v. Marcos Santiago, (Fla. Cir. Ct., Lee County filed Nov. 14, 2008).
In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.
The suspects ranged in age from 14 to 58 years old, and from those with long criminal records to those with no previous arrests. Prosecutors contended that many of them had displayed their gang membership and criminal intentions on MySpace and other web sites. Examples cited by prosecutors included a 15-year-old's "hit list" of "people I wanna kill," and a 14-year-old's posted pictures of himself dressed in gang colors and displaying gang hand signals.
On August 4, Florida District Court Judge Ramiro MaƱalich heard arguments from attorneys from two of the defendants, Richard Omar Figueroa-Santiago and Elvis Eladio Rodriguez, both contending that the statute is unconstitutional.
It is unclear whether Judge Ramiro MaƱalich has decided the question, but the case is proceeding, with a pre-trial conference held on Dec. 8.
Case Information and Links:
14 accused gang members arrested in Internet recruiting bust (Naples News, Nov. 14, 2008)
Lee County notches 15th arrest in effort to curb gang activity via the Internet (Naples News, Nov. 17, 2008)
Busted on Myspace: Two men headed to court for gang material on Web sites (Naples News, July 28, 2009)
Are gang-related Web postings illegal? Judge listens to arguments (Naples News, Aug. 4, 2009)
Status: Pending.
Social Action Network, operator of the social networking site SoAct!, filed a petition for pre-suit discovery naming Twitter, on order to obtain information to identify a tweeter who, using the pseudonym bobandscott, it alleges is sending defamatory messages about the company. (The tweets also appear on the Bob and Scott website.) According to the suit, the offending comments allege that So Act Network is involved in various financial frauds and stock manipulation.
Links and Court Documents:
SoAct wants Twitter to identify the users defaming it (Chicago Bar-Tender blog, Nov. 19, 2009).
>> Petition for pre-suit discovery
Status: Claims against Facebook dismissed (Sept. 15, 2009); claims against other defendants pending
Recent high school graduate Denise Finkel sued several classmates and their parents over postings to a private Facebook group, "90 Cents Short of a Dollar." Finkel also sued Facebook, claiming that its asserted ownership of material posted to its site in the site's terms of use made it publisher of the material that was not immune from liability under section 230 of the Communications Decency Act.
On Sept. 15, 2009, New York Supreme Court Justice Debra James dismissed the claims against Facebook, rejecting the plaintiff's argument that section 230 did not apply.
Links and Court Documents:
Finkel v. Facebook (Citizen Media Law Project)
Finkel v. Facebook: Court Rejects Defamation Claim Against Facebook Premised on "Ownership" of User Content (Citizen Media Law Project blog, Oct. 21, 2009)
Oceanside teen sues Facebook, ex-classmates for $3M (Newsday, March 2, 2009)
Status: Pending.
Laura Cook, suing on behalf of her minor son, alleges that the defendants -- who are all minors who know the plaintiff, according to the complaint -- created a fake Facebook profile using his real photograph and cell number, and posted racist and sexual comments that appeared to have been written by the plaintiff. The lawsuit claims defamation, placement in false light, and intentional infliction of emotional distress.
Case Information and Documents:
>> Complaint
‘Racist’ and ‘Homosexual’ Facebook Page Leads To Online Bullying Lawsuit
4 Teens Sued for Obscene Fake Facebook Profile
Status: Pending.
The Salon Professional Academy, a cosmetology school in Elgin, Ill., sued Nicholas Blacconiere and a John Doe for comments on a Facebook page disparaging the school and its teachers.
Blacconiere created the page and solicited comments about the school, and posted some himself. The anonymous commenter "John Doe" posted other comments.
Case Information and Documents:
http://www.citmedialaw.org/threats/salon-professional-academy-v-blacconiere
http://www.dailyherald.com/story/?id=310962
http://writ.news.findlaw.com/commentary/20090925_hodes.html
Status: Pending.
The Greenwood County Sheriff's office arrested Deterrance Brown after a 19-year-old man complained that Brown had defamed him in statements on Facebook and MySpace saying that he was holding a cookout for the man “because he is HIV positive.”
Links and Court Documents:
http://www.indexjournal.com/articles/2009/07/30/news/i0730%20facebook.txt
Status: Appeal of summary judgment grant to defendants pending (argued June 2, 2009).
On a home computer, students J.S. and K.L. created and postred a fake MySpace page that appeared to be for the principal of their high school. The fake profile, which used the principal’s photograph but not his name, described him as a pedophile and a sex addict. The two girls were suspended from school for ten days.
One of the girls and her parents sued, arguing that the school could not discipline her for activity that occurred totally outside of school. The district court disagreed, holding that “as vulgar, lewd, and potentially illegal speech that had an effect on campus, we find that the school did not violate the plaintiff’s rights in punishing her for it even though it arguably did not cause a substantial disruption of the school.”
The plaintiffs appealed, and the case was argued before the court of appeals on June 2, 2009. No. 08-4138 (3rd Cir. appeal filed Oct. 6, 2008).
Links and Court Documents:
http://arstechnica.com/news.ars/post/20080922-judge-school-can-suspend-students-over-fake-myspace-profile.html
http://www.law.com/jsp/article.jsp?id=1202424549808
Docket: http://news.justia.com/cases/featured/pennsylvania/pamdce/3:2007cv00585/67046/
Opinion granting summary judgment: http://howappealing.law.com/JSvsBlueMountainSD.pdf
Status: Injunction issued; motion for reconsideration pending.
Tracey Martin, who is involved a child custody dispute with her ex-husband Michael Bouthillier, asked the Family Court judge to enjoin Bouthillier's sister, Michelle Bouthillier Langlois, from writing about the case in updates to her Facebook page (http://www.facebook.com/people/Michelle-Bouthillier-Langlois/1241318577). She also filed a complaint against Langlois with police.
Judge Michael Forte issued such an order in June; Langlois, with the assistance of the Rhode Island affiliate of the American Civil Liberties Union, has asked Forte to reconsider his decision. A hearing is scheduled for July 29.
Links and Court Documents:
http://www.projo.com/news/courts/content/ACLU_FAMILY_COURT_07-23-09_ODF506A_v10.345e5b4.html
http://www.riaclu.org/News/Releases/20090722.htm
Status: Withdrawn by plaintiff
Plaintiff Cyd Duffin, principal of Colony High School in Palmer, Alaska sued MySpace and several John Doe defendants in California, where the company is based, over a fake profile created on the social networking site in her name which claimed that she went to strip clubs after school hours and was a member of the Klu Klux Klan. Duffin dropped the suit after the creators of the fake profile confessed and were punished by the school.
Links and Court Documents:
http://www.dailybreeze.com/ci_11977752
http://chs.matsuk12.us/knightlynews/2008-2009/Dec2008.pdf
http://splc.org/newsflash.asp?id=1935
Status: Dropped by plaintiff.
Larry Dominick, town president of Cicero, Ill., filed a petition seeking an order requiring MySpace to reveal the author of two fake profiles of him, which he alleges included defamatory comments and privacy violations. He dropped the case after the Electronic Frontier Foundation submitted an amicus brief in the case, arguing that the petition did not demonstrate a viable legal claim sufficient to overcome the poster’s First Amendment right to anonymity.
Links and Court Documents:
http://www.eff.org/press/archives/2008/06/13
Case information and documents: http://www.eff.org/cases/dominick-v-my-space
Waters v. Miller, No. 2006 CA 002690 SC (
Status: Settled?
High school teacher Lee Waters is suing over sexual comments posted along with her photo by a
Links and Court Documents:
http://www.theledger.com/apps/pbcs.dll/article?AID=/20060423/NEWS/604230392/-1/NEWS0101
Case docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchby=Name&tb_searchfor=2006+CA+002690+SC
Status: Motion to dismiss pending.
Katherine Evans was suspended for three days from Pembroke Pines Charter high school in November 2007 after she created a Facebook page that criticized one of her teachers as “the worst teacher she had ever had,” and solicited comments about the teacher. Evans’ site received three comments supporting the teacher, and she removed the page. A defense motion to dismiss, filed in March 2009, is pending.
Links and Court Documents:
http://www.splc.org/newsflash.asp?id=1845
ACLU press release: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3689
Complaint: http://www.aclufl.org/pdfs/evans_complaint.pdf
CRIMINAL CASE: State v. _____ (
Status: Investigation for possible criminal libel prosecution
Links and Court Documents:
Fake MySpace profile investigated for libel
Records sought in Web libel case
Chick v. Kuziw, No. RCV-RS093848 (
Status: Settled
The owner of the Chicks Sporting Goods chain, which has stores in southern
Links and Court Documents:
http://www.citmedialaw.org/chick-v-kuziw
Docket available via http://www.sbcounty.gov/courts/flash.asp (search civil cases for case number)
CRIMINAL CASE: Wisconsin v. Bachert, No. 2007CM001559 (
Status: Prosecution deferred
Joshua Bachert, 19, of
Links and Court Documents:
http://www.gmtoday.com/news/local_stories/2007/June_07/06162007_03.asp
http://www.gmtoday.com/news/local_stories/2007/August_07/08222007_04.asp
Status: Voluntarily dismissed by plaintiff
Sorenson's Ranch School and its owners, Burnell and Carrol Sorenson, filed suit against MySpace over a page devoted to the school on the site, created by an unknown party, which alleged that the Sorensons engage in child abuse, their staff is not qualified, and they engage in false advertising. . The page appears to have been removed, and the plaintiffs voluntarily dismissed the action in December 2006.
Status: Trial court dismissal affirmed, No. 4-07-00692-CV, 2008 WL 3457023 (Texas App. -- San Antonio Aug. 13, 2008).
A high school assistant principal sued two students and their parents over a page that the students posted on the MySpace.com website that appeared to be the principal’s personal page and falsely said that she was a lesbian. The trial court dismissed the case, and the dismissal was affirmed after the principal appealed.
One of the students was also charged criminally as a juvenile with retaliation and fraudulent use of identifying information, both misdemeanors.
Links and Court Documents:
http://www.mysanantonio.com/news/metro/stories/MYSA092206.01B.MySpaceLawsuit.2f28841.html
http://www.mtv.com/news/articles/1541646/09252006/id_0.jhtml?headlines=true
http://www.onpointnews.com/061003.asp
Plaintiff’s complaint: http://blog.ericgoldman.org/archives/Draker%20Original%20petition.doc
Appellate docket: http://www.4thcoa.courts.state.tx.us/opinions/case.asp?FilingID=21718


