LIBEL AND RELATED LAWSUITS AGAINST BLOGGERS

Compiled by MLRC Staff Attorney Eric P. Robinson

Last Additions: November 16, 2006

The best link to this page is http://www.medialaw.org/bloggerlawsuits

This list, which is an outgrowth of MLRC’s Pre-Dinner Symposium on Blogging on Nov. 9, 2005, includes legal cases that MLRC is aware of in which bloggers have been sued for libel and related claims, including two cases against bloggers that have gone to trial and resulted in a liability verdict.  The list  also includes criminal cases against bloggers in Ohio.  (The list also includes a few prominent cases involving bulletin boards, including a one that ended which resulted in a $11.3 million verdict.)  Cases that have resulted in monetary verdicts are in red.

Note that this list includes only cases that were actually filed in a United States court; threats to file lawsuits are not included.  This list does not include lawsuits outside of the United States.  Also, links and information are current as of the date they were added to this list; status and information may have changed.

The list is also limited to cases based on the content of blogs, which leads to the question, what is a blog?  While various commentators have different answers, for our purposes a blog is a web site that is created by and features periodic postings (comments, links, etc.) by an individual or a small group of contributors, usually on a specific topic or theme.  (This includes individual pages within a larger site, such as blogger or MySpace.) 

Blogs differ from forums, which are generally maintained by an operator who generally does not regularly contribute material to the site, but maintains and edits a forum or bulletin board that is open to postings from anyone.  (If the person or people contributing material is also the editor(s), it is more likely a blog than a forum.  For more on this distinction, see wikipedia.)  The timing of updates can vary, but must not be so infrequent that the site is more properly classified as a static web site.  Admittedly, this definition leads to a sort of “you know it when you see it” quality.  But given the shifting nature of the web technology and its uses, this is simply the best we’ve been able to come up with for now.

Cases are listed by forum jurisdiction.

Other sources:

·                                 Committee to Protect Bloggers

·                                 Electronic Frontier Foundation

·                                 First Amendment Center: blogging

·                                 Media Bloggers Association

·                                 USA Today article: http://www.usatoday.com/printedition/news/20061003/1a_cover03.art.htm

ARKANSAS

Romeo v. Ballard, No. _____ (Ark. Cir. Ct. filed Oct. 24, 2006).
Status: Pending
A detective in the Saline County, Ark. sheriff’s office sued Gary Ballard, the operator of a web site (philmask.com) that focuses on criticism of Saline County Sherriff Phil Mask.  The detective, Sgt. Sandy Romano, sued over an article from the Benton Courier -- republished on the site -- over allegations by Gary Ballard’s wife that Romano had threatened her.  The article states that Romano had been “dismissed from the Benton Police Department after she was charged with possession of drugs with intent to deliver;” elsewhere, the site refers to Romano as a “drug user.”  The suit says that the charges were dismissed, but that this is not mentioned on the web site.
http://www.bentoncourier.com/articles/2006/10/25/news/36unews.txt
http://www.bentoncourier.com/articles/2006/10/27/news/36mnews.txt

CALIFORNIA

Apple Computer, Inc. v. DePlume, No. 05-CV-33341 (Cal. Super. Santa Clara County  filed Jan. 4, 2005).
Status: Pending
In addition to the Doe case below, Apple is pursuing a separate lawsuit in California against the 19-year-old operator of the Boston-based website "Think Secret" (www.thinksecret.com) and various anonymous entities for allegedly publishing trade secrets on that website. A motion to dismiss the suit is scheduled to be heard on Dec. 5, 2006.
http://www.wired.com/news/mac/0,2125,66213,00.html
http://www.zeropaid.com/news/4970/Teen+Sued+For+Disclosing+Apple's+Secrets
Case docket: http://www.sccaseinfo.org/pa5.asp?full_case_number=1-05-CV-033341

Apple Computer, Inc. v. Doe , No. 1-04-CV-032178 (Cal. Super. Mar. 11, 2005), rev’d sub. nom. O'Grady, et al. v. Superior Court of Santa Clara County , Case No. H028579 (Cal. App. 6th Dist. May 26, 2006).
Status: Dismissed
In Dec. 2004, Apple Computer, Inc., filed suit against numerous unknown entities in connection with the leak of confidential information prior to the release of an Apple product codenamed "Asteroid."  The information, which Apple claims are trade secrets, was posted on a number of websites, including AppleInsider (www.appleinsider.com) and PowerPage (www.powerpage.org). In the course of discovery, Apple subpoenaed Nfox, the e-mail service provider for PowerPage, seeking e-mail messages that could identify the source(s) of the leaked information.
The trial court ruled that Apple is entitled to subpoena an e-mail provider to try and identify the source(s), but declined to determine whether the bloggers qualified as journalists under the California shield law.  But the Court of Appeals reversed, holding that bloggers and webmasters have the same protections against divulging confidential sources as tradional media.  In July 2006, Apple announced hat it would not appeal the ruling.
http://www.eff.org/Censorship/Apple_v_Does/
Cal. App. decision at http://www.courtinfo.ca.gov/opinions/documents/H028579.PDF

Chick v. Kuziw, No. RCVRS093848 (Cal. Super., San Bernardino County  filed March 14, 2006).
The owner of the Chicks Sporting Goods chain, which has stores in southern California, sued James M. Kuziw for defamation over content of his MySpace page.  The defendant has not yet responded to the suit.
Docket: http://170.164.50.60/openaccess/civil/civildetails.asp?casenumber=RS093848&courtcode=X&dsn=&casetype=RCV

Cohen v. Ford, No. 00-CV-5966 (C.D. Cal. dismissed Feb. 21, 2001)
Status: Dropped
In 1998, Gary Kremen sued Stephen Michael Cohen, alleging that he had fraudulently obtained the sex.com domain name owned by Kremen by forging a letter to Network Solutions in 1995, asking for transfer of ownership of the URL.  (That suit eventually ended with a $65 million award to Kremen, and restoration of control of the domain, although the judgment has not been collected.)  While that case was pending, in 2000 Cohen sued Luke Ford over coverage of the sex.com lawsuit on his lukeford.com porn-industry blog.  But the case was dropped by the plaintiff in 2001.

Guajome Park Academy, Inc. v. Duperry, Civil No. 06-658 (S.D Cal. Filed March 24, 2006).
Status: Pending
In March 2006, the Guajome Park Academy, a charter school in Vista, Cal., sued two a former employee and former student, alleging that they had improperly accessed the computer system containing student grades.  (In July, the former student settled.) In November, the school amended its complaint to add the individuals, all former employees, behind the web site guajomeunderground.org, a bulletin board site where the grade information was posted along with allegations that a student’s grade was improperly changed.
http://www.nctimes.com/articles/2005/07/17/news/coastal/21_41_317_16_05.txt
http://www.nctimes.com/articles/2006/07/18/news/top_stories/22_18_317_17_06.txt
http://www.nctimes.com/articles/2006/11/07//news/sandiego/5_00_4311_6_06.txt
Amended complaint at http://www.nctimes.com/pdf/GUAJOMEVMcCulloch.pdf

Holmes v. Ford, No. BC221609 (Cal. Super. defense motion for summary judgment granted Oct. 31, 2000).
Status: Summary Judgment Granted
Porn actress Laurie Holmes, the widow of porn actor John Holmes, sued webmaster Luke Ford over comments posted on his lukeford.com porn-industry blog in 1999.  The comments were statements made by John Holmes’ manager, Bill Amerson, in a film documentary entitled "Wadd: The Life and Times of John Holmes."  In October 2000, the court granted Luke’s motion for summary judgment, and awarded him costs.
Case noted in http://www.wired.com/news/culture/0,1284,39297,00.html

Lake v. Ford, No. SC059805 (Cal. Super. dismissed Jan. 18, 2001).
Status: Dismissed
Porn actress Christy Lake sued porn-industry blog lukeford.com owner Luke Ford after he posted pictures that he described as showing her having sex with a dog.  The case was eventually dismissed.
Case noted in http://www.wired.com/news/culture/0,1284,39297,00.html

News America, Inc. v. Google, Inc., No. 05-MC-80179 (N.D. Cal. filed Aug. 4, 2005).
Status: Dismissed by court
News Corp. subsidiary News America, publisher of the New York Post, subpoenaed Google to try to find the identity of a blogger who was posting the Post’s "Page 6" daily gossip column in total, except for the advertising.  There was no further action in the case, although the site (http://page6blog.blogspot.com/) has been removed.  The case was terminated by the court on May 4, 2006.
http://www.adrants.com/2005/06/adfree-gawker-and-page-six-blogs.php
NY Post letter to Google: http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=2121

The Permanente Medical Group, Inc. v. Cooper, No. RG05-203029 (Cal. Super., Alameda County filed 2005).
Status: Summary judgment granted to plaintiff.  Appeal dismissed  No. A113601 (Cal. App., 1st Dist.  July 13, 2006).
In July 2004, Elisa D. Cooper discovered that internal, technical computer information available on a public web site maintained for computer maintenance purposes by her former employer, Kaiser Health Plan, included patient information.  She posted a link to the data on her blog, Corporate Ethics (http://www.livejournal.com/users/corphq/), and later posted the information itself.  She also filed a complaint with the federal Office of Civil Rights, which enforces the Health Insurance Portability and Accountability Act (HIPAA).  That office, in turn, notified Kaiser, which sought and eventually received a preliminary injunction against Cooper’s posting of the material, arguing that her dissemination of it violated the confidentiality agreement that Cooper signed while working for the company.  The California Department of Managed Health Care then ordered Cooper to remove the material -- its first action against an individual, rather than a health plan, since the agency’s founding in 2000. The agency also fined Kaiser $200,000 for posting the patient data to a publicly-accessible site.  In the suit against Cooper, the court granted summary judgment to Kaiser on Dec. 19, 2005.  Cooper’s appeal of this was dropped.
http://www.blogherald.com/2005/03/18/kaiser-permanente-sues-blogger-over-patient-information/
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/03/24/BAGFIBU2AT1.DTL
http://www.thestandard.com/internetnews/002902.php

Wald v. Ford, No. SC086263 (Cal. Super., L.A. County  filed May 19, 2005)
Status: Settled
Jeff Ward, who manages the careers of various entertainers including George Carlin, George Forman and Donna Summer, sued owner Luke Ford and various unnamed contributors to the lukeford.net porn-industry blog for allegedly libelous comments about Ward on the site.  Ford did not respond to the suit, and was held in default on Oct. 10, 2005.  After Ford filed a motion to set aside the default judgment, the parties settled and the case was dismissed in Aug. 2006.
Case documents (including complaint, motion to set aside default): http://www.lukeford.net/Images/photos3/WaldFord.doc
Docket available at http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil (enter case number)

COLORADO

Mink v. Dominguez, No. 04-1496 (10th Cir. appeal filed Nov. 26, 2004).

The 10th Circuit heard oral argument on January 9, 2006 in a civil suit challenging the constitutionality of Colorado’s criminal libel statute, brought after Mink  was threatened with a felony prosecution for mocking one of his college professor on his “Howling Pig” website (www.geocities.com/thehowlingpig/).  The appeal seeking to reverse the district court’s dismissal of the the civil suit on grounds of official immunity and standing.  344 F.Supp.2d 1231 (D. Colo. 2004).  The Associated Press, Bloomberg News, the Colorado Press Association, Dow Jones & Company, MLRC and the Reporters Committee for Freedom of the Press filed an amicus brief in the case, arguing that Colorado’s criminal libel statute violates the First Amendment.
http://www.usatoday.com/tech/news/2004-01-20-howling-legal_x.htm
http://www.firstamendmentcenter.org/news.aspx?id=12451
http://www.greeleytrib.com/article/20050405/NEWS/104050057&SearchID=7322286462859
http://www.splc.org/newsflash_archives.asp?id=1160&year=2006

State v. _____ (Boulder County sheriff’s investigation) (Nov. 2006).
Status: Sheriff is investigating for possible criminal libel prosecution
Boulder County sheriff’s detectives are investigating to determine who created a MySpace web page that purported to be a profile of a Superior, Colo. Woman, but had not been created by her.  The profile was named  “Dirty Whore,”  and stated that she was interested in meeting “men, women and/or couples who are looking to have a fun time.”  The page also featured photos taken from the woman’s legitimate MySpace profile.
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5136536,00.html

CONNECTICUT

Bell v. Shah, Civil No. 05-0671 (D. Conn. filed April 27, 2005).
Status: Transferred to S.D. Fla. (March 31, 2006). Now Bell v. Shah, Civil No. 06-21063 (S.D. Fla.).
Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging Bell.  Ruling on a motion to dismiss, the federal court in Connecticut held that it lacked personal jurisdiction over the defendant, a Florida resident, even though the website was set up and registered by a one-time Connecticut resident.  The federal court in Connecticut moved the case to the federal court in southern Florida, where it is currently pending (see below).
http://www.realgm.com/boards/viewtopic.php?t=379483&view=next&sid=e9b32f008e98909a27989cb35a3f1f98

 Choy v. Boyne, No. HHD-CV-06-5005693-S (Ct. Super. Ct., Hartford  filed Aug. 17, 2006).
Status: Motion to dismiss pending
James Boyne set up a web site about a doctor from whom his wife had won a malpractice settlement; the doctor sued for libel in New York.  The New York court dismissed the case (see below), but the doctor has refiled the suit in Connecticut.  Boyne filed a motion to dismiss the suit on Oct. 16, 2006.
Docket at http://www.jud2.ct.gov/Civil_Inquiry/DispDetail.asp?DocNum=HHD-CV-06-5005693-S

DELAWARE

Doe v. Cahill, No. 266, 2005, 2005 WL 2455266, 2005 Del. LEXIS 381 (Del. decided Oct. 6, 2005)
Status: Dismissed in part; settled in part
Smyrna, Del. town councilman Patrick Cahill and his wife are sued the anonymous posters to a blog (http://www.newszapforums.com/forum47) operated by the Delaware State News for libel, also naming the newspaper as a defendant.  While the Cahills were able to trace some of the postings to a computer owned by Smyrna Mayor Mark Schaeffer, another of the anonymous posters sought to quash a subpoena to his Internet service provider seeking to determine his identity. 
On Oct 6, 2005, the Delaware Supreme Court reversed a lower court's decision ordering the ISP to reveal the poster’s identity, holding that in order to obtain the identities, Cahill had to present sufficient evidence to establish a prima facie case for each essential element of libel.  It then ruled that the plaintiffs had not met the burden in this case, and thus reversed the lower court's ruling.  After a discussion of the nature and reliability of blog postings, the court also dismissed the libel claims against the anonymous poster, since the statements "were no more than unfounded and unconvincing opinion."
Meanwhile, the case proceeded against Schaeffer.  In early February 2006, Schaeffer admitted that his step-daughter had posted the comments.  In June 2006, the Schaeffers and Cahills reached a confidential settlement.
http://www.firstamendmentcenter.org/%5Cnews.aspx?id=15890
http://www.nytimes.com/2005/10/06/technology/06blog.html
Decision: http://courts.delaware.gov/opinions/(ck3ywyzv4ghputn02pdfiy34)/download.aspx?ID=67130
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060622/NEWS/60622016
NOTE: This case involves a bulletin board, not a blog.

DISTRICT OF COLUMBIA

Steinbach v. Cutler, Civil No.  05-00970 (D.D.C. filed May 16, 2005).
Status: Motion to dismiss denied in part (April 4, 2006); case pending.
In May 2004, Captial Hill aide Jessica Culter published a  pseudonymous blog (http://washingtonienne.blogspot.com; no longer existent, but archived at http://washingtoniennearchive.blogspot.com/) detailing her sexual escapades, identifying several men only by their initials.  Cutler's blog became a widespread story after it was publicizied on another blog, wonkette.com, and Cutler was fired.  Robert Steinbach filed suit on May 18, 2005, saying that he was one of the men whose initials were given in the blog, but that other identifying information was included.  Ruling on a motion to dismiss, the court held that the one-year statute of limitations on in the District of Columbia applied, and that this barred claims for all but one of the blog postings.  On Oct. 30, 2006, the court allowed Steinbach to add Ann Marie Cox, operator of the Wonkette site, as a defendant.
http://www.calicocat.com/jessica_cutler_washingtonienne.htm
http://www.wonkette.com/politics/robert-steinbuch/index.php
Complaint at http://files.findlaw.com/news.findlaw.com/hdocs/docs/torts/steinbuchvcutler51805cmp.pdf


FLORIDA

Bell v. Shah, Civil No. 06-21063 (S.D. Fla. transferred April 28, 2006).
Status: Pending
Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging Bell.  Ruling on a motion to dismiss, the federal court in Connecticut held that it lacked personal jurisdiction over the defendant, a Florida resident, even though the website was set up and registered by a one-time Connecticut resident.  The federal court in Connecticut (see above) moved the case to the federal court in southern Florida, where it is currently pending.
http://www.realgm.com/boards/viewtopic.php?t=379483&view=next&sid=e9b32f008e98909a27989cb35a3f1f98

Haberman v. Rhoad, No. 2006 DR 007754 SC (Fla. Cir. Ct., Family Div.  Sarasota County  injunction issued Sept. 7, 2006).
Status: Motion to dissolve injunction denied (Sept. 12, 2006).
Kristen Rhoad, who accuses her ex-husband Phil Haberman of abuse and of falsifying his military record, has posted several statements about his on her blog, rhoadwarrior.blogspot.com, and several other web sites and some newspapers have posted and published similar materials regarding Haberman’s alleged exaggerations of his military experience.   Haberman filed a complaint alleging that the statements on Rhoad’s blog and elsewhere were cyberstalking under Florida law, and constituted domestic violence.  The judge agreed, and issued a standard injunction barring Rhoad from contacting Haberman or committing any violence against him, and also ordered a psychiatric evaluation of Rhoad.   In a section of the form labeled “other provisions regarding contact,” the judge handwrote into injunction the order that Rhoad to “remove, or cause to remove, all blogs, e-mails or other web-based communications to [Haberman] or third parties that refer to [Haberman], and which are posted, or caused to be posted, by [Rhoad].”  Rhoad filed a motion to dissolve the injunction on jurisdictional grounds, but the motion was denied.  Nevertheless, Rhoad continues to update her site, and there does not appear to have been any effort to enforce the order against other sites.
http://www.pressofatlanticcity.com/news/story/6760022p-6629130c.html

Hunt v. Patten, No. 2006 CA 002857 SC (Fla. Cir. Ct., Sarasota County  filed March 29, 2006).
Status: Pending.
Former Venice, Fla. city manager sued veniceflorida.com writer John Patten, alleging that Patten helped spread lies about him that led him to be fired from the Venice, Fla. position and have kept him from getting a similar job elsewhere.
http://www.venicegondolier.com/NewsArchive3/033106/tp1vn6.htm
Docket: http://www.clerk.co.sarasota.fl.us/srqapp/civdetail.asp?tb_searchfor=2006+CA+002857+SC&tb_searchby=Case+Number&cb_search=Search

Johnson v. Tucker Max, No 2003 CA 004867 (Fla. Cir. Ct. filed May 2, 2003); Civil No. 03-80515 (S.D. Fla. dismissed July 2003).
Status: Dismissed by plaintiff
Plaintiff, formerly Miss Vermont and Miss Vermont U.S.A., sued over postings on the tuckermax.com blog in which the author recounted his alleged sexual exploits with her.  Initially, a Florida state court judge issued a temporary injunction against continued availability of the postings.  After the injunction was lifted, the case was removed to federal court .  The plaintiff then voluntarily dismissed the case.
http://www.tuckermax.com/archives/entries/the_almost_banned_miss_vermont_story.phtml
http://maroon.uchicago.edu/news/articles/2003/05/16/college_graduate_tuc.php
Initial complaint: http://www.tuckermax.com/images/Complaint%20for%20Injunctive%20Relief%20and%20Damages.PDF

Lexington Homes, Inc. v. Siskind, No. 2004-CA01018 (No. 04-CA-1018WS-G) (Fla. Cir. Ct., Pinellas/Pasco County  dismissed March 2006).
Status: Dismissed; motion for reconsideration pending.
A housing developer sued the creator a web site (www.bad-lexingtonhomesinc.net; not longer active) that criticized the quality of its homes, saying that it led to decreased sales.  The court granted the defendant’s motion to dismiss on jurisdictional grounds, since the defendants are not Florida residents (they live in New York, but own property in Florida).  The company filed a motion asking the court to reconsider its decision.
http://www.legaline.com/2006/03/florida-court-dismisses-web-defamation.html
http://www.sptimes.com/2004/05/01/Hernando/Builder_sues_man_for_.shtml
Legal documents and rulings at http://www.bad-lexingtonhomesinc.net/pages/5/index.htm

Ligonier Ministries, Inc. v. Vance, No. ________ (Fla. Cir. Ct., Seminole County  filed Aug. 2006).
Status: Dismissed at request of plaintiff.
A religious organization is suing a critic, Frank Vance, for comments posted on his blog about the group and its leaders, http://vancetribe.blogspot.com/.  The religious group also sought a court order prohibiting additional postings.  The organization dropped the case in late September 2006.
http://ministrywatchman.com/wp-content/uploads/orlando_sentinel092906.html
http://www.orlandosentinel.com/news/local/seminole/orl-blog0506sep05,0,931489.story?track=rss
http://www.worldmagblog.com/blog/archives/026345.html
Complaint: http://ministrywatchman.com/wp-content/uploads/Ligonier_Ministries_v_Vance_complaint.pdf
Plaintiff’s emergency motion for ex parte hearing: http://ministrywatchman.com/wp-content/uploads/Ligonier_Ministries_vs_Vance_Ex_Parte.pdf

Scheff v. Bock, No. CACE03022837 (Fla. Cir. Ct.  default verdict Sept. 19, 2006).
Status: $11.3 million default verdict for plaintiff
The owner of a company that consults parents of troubled teenagers won $11.3 million against such a mother of such a child for her postings on various Internet bulletin boards disparaging the consultancy.  The woman posted the comments after the company had helped her remove her sons from a school operated by the World Association of Specialty Programs and Schools, but had refused to put the woman in touch with other students who alleged sexual abuse at schools operated by the association.  Although the defendant initially appeared in the suit, she later defaulted.  After a trial on damages, the jury awarded $6.3 million in compensatory and $5 million in punitive damages. 
NOTE: This case involves a bulletin board, not a blog itself.  But it is included because the high award makes it an important indicator of the risks of libel on the Internet.
http://www.usatoday.com/tech/news/2006-10-10-internet-defamation-case_x.htm
http://www.webwire.com/ViewPressRel.asp?aId=21761 (an opinionated reaction to the case)

Waters v.  Morris, No. 2006 CA 002690 SC (Fla. Cir. Ct.  filed March 24, 2006).
Status: Trial pending.
High school teacher Lee Waters is suing over sexual comments posted along with her photo by a North Port High School student on his MySpace profile page.  The student was suspended from school, and other disciplinary action was taken.  In August 2006, a trial date was set for the case.
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

GEORGIA

Banks v. Milum, No. _____ (Ga. Super. Ct. verdict for plaintiff  Jan. 27, 2006)
Status: $50,000 verdict for plaintiff
NOTE: This is the first case against a blogger of which MLRC is aware that has gone to trial and resulted in a liability verdict.
Attorney Rafe Banks III sued political activist David Milum for statements made on his website on local politics in Forsyth County, Georgia, aboutforsyth.com  (under new management).  Several postings on the site alleged that Banks had delivered bribes from drug dealers to a now-deceased judge.  After a four-day trial and six hours of deliberation, the jury awarded Banks $50,000 in compensatory damages, but no punitive damages.  After the verdict, Milum said that someone else was taking over the web site.  He also said that he may appeal.
http://www.forsythnews.com/news/stories/20060129/localnews/61856.shtml

Fisher & Phillips, LLP v. Doe, Civil No. 05-01719 (N.D. Ga. dismissed Nov. 10, 2005)
Status: Dismissed
Atlanta-based employment law firm Fisher & Phillips LLP sued five "John Does," claiming they published "false and malicious communications" about the firm on the Internet. (The complaint did not identify the web sites at issue.)  The firm agreed to dismissal of the case after the court cited it for failure to effectuate service of process.
http://www.bizjournals.com/atlanta/stories/2005/07/18/newscolumn2.html?from_rss=1

Goodens v. Milum, No. _____ (Ga. Super. Ct. filed March 2005).
Status: Pending
In addition to the 2006 verdict above, David Milum is also being sued by former county employee Joseph Gooden for other comments on the aboutforsyth.com web site (under new management).  The case, which seeks $2 million in damages, is pending.

ILLINOIS

Welch v. Nyberg, No. 2005L009751 (Ill. Cir. Ct. dismissed Dec. 5, 2005); Bill Welch v. Nyberg, No. 2005L009752 (Ill. Cir. Ct. dismissed Dec. 5, 2005).
Status: Dismissed
Emanuel “Chris” Welch, president of the District 209 (Proviso Township High Schools) school board, and his brother Bill Welch filed suit against blogger Carl Nyberg after Nyberg filed an ethics complaint against Emanuel Welch over his vote in Aug. 2005 to hire Bill Welch as a school custodian.  Besides being his brother, Emanuel Welch represented Bill Welch when he was indicted on drug possession charges in 2003 (the charges were eventually dropped).  The ethics complaint alleges that Emanuel Welch did not disclose this representation when voting on his brother's employment.  The Welches responded with a libel suit based on postings on Nyberg’s blog (provisoprobe.blogspot.com) about the ethics complaint and the drug charges, as well as a letter that Nyberg sent to the head of Emanuel Welch’s law firm.  In Late November, the court granted plaintiffs’ motion to dismiss the case without prejudice.
http://forestparkreview.com/main.asp?SectionID=1&SubSectionID=38&ArticleID=631&TM=63543.2
http://provisoprobe.blogspot.com/2005/09/welch-brothers-file-suit-against.html
http://provisoprobe.blogspot.com/2005/12/defam-welch-suits-dismissed-without.html
http://forestparkreview.com/main.asp?SectionID=1&SubSectionID=38&ArticleID=839&TM=3636.928

MAINE

The Gentle Wind Project v. Garvey, Civil No. 04-103 (D. Me. summary judgment granted, case dismissed Jan. 3, 2006);
The Gentle Wind Project v. Garvey, No. ____ (Me. Dist. Ct. dismissed Nov. 9, 2006).
Status: Dismissed
The Gentle Wind Project, which describes itself as “not-for-profit world healing organization with a remarkable healing technology,” sued critics who called the organization a cult for libel and other claims, including alleged violations of the federal Racketeer Influenced and Corrupt Organizations (“RICO”) law.  On a motion by the defendants, the federal district court granted summary judgment on the RICO claim.  Since this claim was the only basis for federal jurisdiction, the court then dismissed the entire case.  Gentle Wind  then refiled the suit in Maine state court, but voluntarily withdrew that suit in November 2006.
federal case mentioned in http://www.law.com/jsp/article.jsp?id=1136838328818
state case: http://www.boston.com/news/local/maine/articles/2006/11/10/gentle_wind_project_drops_lawsuit_against_whistle_blowers/

Warren Kremer Paino Advertising v. Dutson, Civil No. 06-047 (D. Me. dismissed May 5, 2006).
Status: Dismissed
An advertising agency responsible for online advertising for Maine tourism sued the Maine Web Report blog (http://www.mainewebreport.com), which criticized the ads and the selection of the agency,   for defamation, libel, and copyright infringement.  The agency dropped the suit after it was criticized on various blogs.
http://www.mainewebreport.com/2006/04/27/state-contractor-files-federal-lawsuit-against-me/
http://www.mainewebreport.com/2006/05/05/warren-kremer-paino-withdraws-lawsuit/
Complaint available at http://www.mainewebreport.com/Complaint.pdf

MASSACHUSETTS

McMann v. Doe, Civil No. 06-11825-JLT (D. Mass. dismissed Oct. 31, 2006).
Status: Dismissed
Real estate developer Paul McMann sued the unknown creator of the www.paulmcmann.com web site, which promised to feature tales of his alleged misdealings.  The court rejected two attempts by McMann to unmask the identity of the site’s creator, and dismissed the case for lack of jurisdiction.  The court also noted that the contents of the site were actionable under Massachusetts law.
http://pacer.mad.uscourts.gov/dc/opinions/tauro/pdf/mcmann_subpoena.pdf

MINNESOTA

Gregerson v. Vilana Financial, Inc., Civil No. 06-1164 (D. Minn.  filed Oct. 2005).
Status: Pending
In March 2006, Chris Gregerson filed a copyright suit against Andrew Vilenchik, alleging that Vilenchik had used a photo from his website in advertisements for his company, Vilana Financial, without permission.  Gregerson wrote about the lawsuit on his website www.phototour.minneapolis.mn.us, leading Vilenchik to file a separate suit in Minnesota state court for libel.  The libel claim was moved to federal court in August 2006, and in November 2006 the court denied Vilenchik’s motion to enjoin Gregerson from referring to his company and web site.
http://www.phototour.minneapolis.mn.us/essays/vilana.html#defamation_lawsuit

Olson v. Brodkorb, No. ______ (Minn. Dist. Ct., Dakota County  filed Jan. 4, 2006).
Status: Motion to dismiss denied.
Democratic public relations consultant Blois Olson has sued Republican operative Michael Broadkorb, the blogger behind the site Minnesota Democrats Exposed (www.minnesotademocratsexposed.com), for libel.  The suit stems from a report in late December posted on the blog by Broadkorb, who published the blog anonymously from July 2004 until he revealed his name when the lawsuit was filed.  The post claimed that while Olson publicly criticized the Congressional campaign of Coleen Rowley in several news stories, Olsen did not reveal that the campaign had declined to hire his consulting firm.
http://www.firstamendmentcenter.org/news.aspx?id=16262
http://www.startribune.com/587/story/163827.html
http://www.legaline.com/2006/01/minnesota-political-blogger-sued-for.html
http://blogs.citypages.com/blotter/2006/01/blog_fight.asp
Denial of motion to dismiss: http://www.minnesotademocratsexposed.com/olsonvmdemotiondenied6062006.pdf

MISSISSIPPI

Moore v. O'Bannon, No. _____ (Miss. Cir. Ct.  filed March 2006).
Status: Pending
Jackson, Miss. minister Rev. Ronald K. Moore and his wife are suing Valerie O'Bannon, a Jackson native now living in Minnesota, over a web site she launched in January 2006 which claims that she and Moore had a five-month affair.  In February, Moore won an order from a Mississippi Chancery Court judge ordering O'Bannon to take down the site, and tried to have her jailed for contempt when she did not do so. But the Chancery judge held that the matter belonged in Circuit Court, and Moore filed suit in that court shortly thereafter.
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20060328/NEWS/603280383/1002/NEWS01

NEVADA

Software Development and Investment of Nevada, d/b/a Traffic-Power.com v. Wall, Civil No. 05-1109 (D. Nev. dismissed Feb. 13, 2006).
Status: Dismissed
In this case, an Internet marketing company sued the owner of a blog on search engine optimization (www.seobook.com) for libel and publication of trade secrets. The suit, which also names several posters to the blog as defendants, was removed from state to federal court, then dismissed for lack of personal jurisdiction.
Grant of motion to dismiss: http://www.seobook.com/decision-on-motions.pdf
Complaint and commentary from plaintiff: http://www.seobook.com/archives/001130.shtml 
http://online.wsj.com/public/article/0,,SB112541909221726743-Kl4kLxv0wSbjqrkXg_DieY3c8lg_20050930,00.html
http://www.redherring.com/Article.aspx?a=13715&hed=Bloggers+Face+the+Law
http://www.post-gazette.com/pg/05277/582101.stm
http://www.ecommercetimes.com/rsstory/46326.html

NEW JERSEY

Landmark Education LLC v. The Rick A. Ross Institute of New Jersey, Civil No. 04-3022 (D. N.J. case dropped Dec. 28, 2005).
Status: Dropped
Landmark Education, which describes itself as “a leader and innovator in the field of training and development,” sued  “cult de-programmer” Rick Ross over statements on his website challenging the organization’s legitimacy, and his refusal to post Landmark’s response.  But Landmark dropped its case after a New Jersey appeals court ruled in Donato v. Moldrow, 374 N.J. Super. 475 (App. Div. 2005) that a website operator is immune for suit for anonymous postings on the site, under section 230 of the federal Communications Decency Act.
http://www.cultnews.com/archives/000777.html
http://biz.yahoo.com/prnews/051221/nyw149.html?.v=36
mentioned in http://www.law.com/jsp/article.jsp?id=1136838328818

NXIVM Corporation and First Principles, Inc. v. The Ross Institute, Civil No. 03-CV-976, 2003 WL 22298756 (N.D.N.Y. preliminary injunction denied Sept. 9, 2003), aff’d, 364 F.3d 471 (2d Cir. April 20, 2004), cert. denied, 543 U.S. 1000 (U.S. Nov 29, 2004).
Status: Pending
The organization NXIVM sued a "cult de-programmer" and two writers who authored and posted on the Internet a report on plaintiff’s program using quotes from their copyrighted seminar manual.  A federal court in New York (see below) denied a preliminary injunction barring the defendants from using the materials, which was affirmed.  In February 2006, the case was transferred to federal court in New Jersey, where the case is pending.
mentioned in http://www.law.com/jsp/article.jsp?id=1136838328818

NEW YORK

 Choy v. Boyne, No. 115577/2005 (N.Y. Sup. Ct., New York County  dismissed April 8, 2006).
Status: Dismissed
James Boyne set up a web site about a doctor from whom his wife had won a malpractice settlement; the doctor sued for libel.  The court dismissed the case, but the doctor has refiled the suit in Connecticut (see above).

Citywide Sewer & Drain Service Corp. v. Carusone, No. 18160/2005 (N.Y. Sup. Ct., Nassau County  dismissed Sept. 18, 2006).
Status: Summary judgment granted to defendant.
On Oct. 13, 2005, WPIX-TV in New York broadcast a consumer report focused on complaints against Citywide Sewer & Drain Service Corp.  The next day, defendant Angelo Carusone – whose father had worked for the company, and himself had had a summer job there – posted an item titled “Citywide really is shitywide” on his blog (www.angelocarusone.com, now dormant), which repeated the allegations of the WPIX report.  The company sued Carusone and his father for libel.  A defense motion for summary judgment was granted on Sept. 18, 2006.
http://www.angelocarusone.com/?p=102
Complaint: http://www.angelocarusone.com/files/1Complaint.pdf
Defendant’s motion for summary judgment: http://www.angelocarusone.com/files/4MotionSummaryJudgment.pdf

NXIVM Corporation and First Principles, Inc. v. The Ross Institute, Civil No. 03-976, 2003 WL 22298756 (N.D.N.Y. preliminary injunction denied Sept. 9, 2003), aff’d, 364 F.3d 471 (2d Cir. April 20, 2004), cert. denied, 543 U.S. 1000 (U.S. Nov 29, 2004).
Status: Transferred to D. N.J. (Feb. 2006).
The organization NXIVM, which provides an expensive training program called “Executive Success" and requires participants to sign a non-disclosure agreement, sued a "cult de-programmer" and two writers who authored and posted on the Internet a report on plaintiff’s program using quotes from their copyrighted seminar manual.  The defendants posted the material, which they obtained from a former seminar participant, on their web site.
The federal district court denied a preliminary injunction barring the defendants from using the materials.  The appeals court agreed, and the U.S. Supreme Court declined to review the decision.  In February 2006, the case was transferred to federal court in New Jersey (see above).
2d Circuit decision: http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAzLTc5NTJfb3BuLnBkZg==/03-7952_opn.pdf#xml=http://10.213.23.111:81/isysquery/irl81a7/1/hilite
mentioned in http://www.law.com/jsp/article.jsp?id=1136838328818

Penn Warranty Corp. v. DiGiovanni, Index No. 600659/04 (N.Y. Sup. Ct., N.Y. County dismissed Oct. 24, 2005).
Status: Dismissed
The court dismissed a libel suit against a New Jersey man for his 45-page Web site (www.pennwarrantylitigation.com, now inactive) detailing his gripes against car insurer, holding that the comments on the site were protected free speech and did not constitute defamation.
http://biz.yahoo.com/law/051101/09ff0649ee5c88176d85f611a15b84b2.html?.v=1
http://news.findlaw.com/andrews/bt/ebl/20051107/20051107pennwarranty.html
Decision: http://decisions.courts.state.ny.us/fcas/fcas_docs/2005oct/30060065920045sciv.pdf

Sollami v. Sheppard, No. 007550/2003 (N.Y. Sup. Ct.,  Orange County filed Oct. 6, 2004).
Status: Trial pending
In August 2006, the Appellate Division reversed a trial court ruling dismissing former Cornwall Supervisor Jim Sollami's defamation case against Tom Sheppard, who publishes the blog Cornball-local.com.  The appeals court held (21 A.D.3d 408, 799 N.Y.S.2d 427, 2005 N.Y. Slip Op. 06311 (N.Y. Sup. Ct.,  App. Div. Aug. 8, 2005)) that eight of the statements at issue in the case were capable of defamatory meaning and should proceed to trial, which is scheduled for May 15, 2007.
Decision and order available at http://www.courts.state.ny.us/reporter/3dseries/2005/2005_06311.htm
Coverage: http://www.recordonline.com/archive/2005/08/12/blogthis.htm

NORTH DAKOTA

Wagner v. Miskin, 660 N.W.2d 593, 2003 ND 69 (N.D. May 6, 2003), cert. denied, 540 U.S. 1154 (2004).
Status: $3 million verdict for plaintiff affirmed
(NOTE: Although this award predates the award in Banks v. Milum, supra, this case involves a more traditional web site, not what is traditionally referred to a a blog)
Former University of North Dakota student Glenda Miskin created a website, undnews.com, that criticized the university and its professors.   Miskin was suspended from the university in 1990 after an internal disciplinary committee found that she had stalked UND physics professor John L. Wagner.  But the site alleged that Wagner had harassed Miskin with sexually provocative phone calls.  Wagner sued, and won $2 million for libel, $500,000 for slander, and $500,000 for interference with his business relationships.  The North Dakota Supreme Court upheld the award, and the U.S. Supreme Court declined to review the case.

OHIO

Ohio v. Baumgartner, No. CR-05-470184-A (Ohio C.P. Ct., Cuyahoga County  indictment Aug. 30, 2005); Ohio v. DuBois No. CR-05-470184-B (Ohio C.P. Ct., Cuyahoga County  indictment Aug. 30, 2005)
Status: Baumgartner appealing conviction; Charges against DuBois dismissed pursuant to plea bargain (see below)
Elsebeth Baumgartner of Oak Harbor, Ohio and Bryan DuBois of Sandusky, Ohio allegedly used their site www.erievoices.com to libel and harass retired Cuyahoga County Judge Richard Markus, who had presided over a libel lawsuit based on letters that Baumgartner, a former attorney who was disbarred in 2003, sent to a school board member.  That trial ended with a $175,000 verdict against Baumgartner.  In April 2004, Judge Markus also declared Baumgartner a “vexatious litigator” under Ohio law.  
On Nov. 14, 2005, trial judge Shirley Strickland Saffold ordered her sent back to jail for contempt after Baumgartner said that she would be renewing her motion to have Saffold removed from the case.  Then, on Dec. 12, Baumgartner presented a note from her doctor that she was not competent to stand trial, and Saffold ordered her admitted to a psychiatric hospital for evaluation.   On June 1, 2006, Baumgartner was again found in contempt and jailed; she was released on Oct. 5.  On Oct. 31, 2006, Baumgartner was found guilty of 27 counts of contempt of court, and on Nov. 15 she was found guilty of 15 felony counts of intimidation and retaliation.  Sentencing is scheduled for Dec. 18, 2006, although Baumgartner has vowed to appeal.
In March 2006 DuBois pleaded guilty to separate charges against him in Ottowa County (see below), and agreed to testify against Baumgartner in her trial.
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303  
http://www.wkyc.com/video/player.aspx?aid=14346&sid=38099&bw= (video)
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050927/NEWS01/509270301/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051214/NEWS01/512140306/1002
http://www.northcountrygazette.org/articles/060206BaumgartnerJailed.html
http://mp3.rbnlive.com/Greg/0603/20060329_Wed_Greg1.mp3 (audio)
http://www.northcountrygazette.org/articles/100506ReleasedFromJail.html
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20061031/NEWS02/610310359
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/116367081364530.xml&coll=2

Ohio v. DuBois, No. CR-05-_______ (Ohio C.P. Ct., Ottawa County  indictment July 12, 2005)
Status: Dismissed pursuant to plea bargain
Besides his indictment in Cuyahoga County (see above), erievoices.com webmaster Bryan Dubois was also indicted in Ottawa County on charges of intimidation and retaliation against one of the witnesses against Baumgartner in the original libel lawsuit. On March 27, Dubois agreed to plead guilty and testify against Elsebeth Baumgartner in her criminal trial, scheduled for May 2005.  As part of the deal, Dubois formally apologized, and was sentenced to probation in the Ottawa County case, with the charges against him in Cuyahoga County dismissed.
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303   http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050722/NEWS01/50722002/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051212/NEWS01/512120302/1002

Suarez Corp. v. Meeks, Civil No. 267513 (Ct. of Common Pleas, Cuyahoga County, Ohio  settled Aug. 1994).
Status: Settled
Journalist Brock Meeks criticized a company promoting e-mail marketing in his e-mail newsletter (now defunct, but archived online at http://cyberwerks.com/cyberwire/).  Benjamin Suarez, owner of the company, Suarez Corp. Industries, sued for libel.  But before the case went to trial, Suarez offered to settle for $64; Meeks accepted.
http://www.eff.org/legal/cases/?f=meeks_case.info
http://www.writing.upenn.edu/~afilreis/defamation-in-cyberspace.html

PENNSYLVANIA

Deon v. McMonagle, No. 2005-08774 (Pa. C.P., Bucks County  filed Dec. 8, 2005).
Status: Pending .
Pasquale T. Deon Sr., who serves as chairman of the Philadelphia transit agency SEPTA and the Pennsylvania Turnpike Commission, filed a libel suit against Middletown, Pa. Supervisor Robert McMonagle for comments on his blog website middletown-news.net.
http://middletown-news.net/news/20051210DeonLibel.html

Dimeo v. Tucker Max, Civil No. 06-1544 (E.D. Pa.  dismissed May 26, 2006), appeal filed, No. 06-3171 (3rd Cir. filed June 28, 2006).
Status: Appeal of dismissal pending.
A federal judge dismissed party promoter Anthony DiMeo III's lawsuit over comments posted in message board area of the tuckermax.com website regarding a New Year's Eve party that he organized.  DiMeo has appealed.
http://blogs.philly.com/blinq/2006/05/tucker_max_may_.html
http://messageboard.tuckermax.com/showthread.php?t=9804
Decision at http://www.myelectionanalysis.com/web-content/Images/Max_Motion_To_Dismiss.pdf
NOTE: This case involves a bulletin board, not the blog itself.  But it is included because the site was primarily a blog.

D'Alonzo v. Truscello, April Term, 2004 No. 0274, 2006 WL 1768091 (Pa. C.P., dismissed May 31, 2006).
Status: Dismissed
Pennsylvania State Senator Vincent Fumo sued the owner of the (now defunct) web site dumpfumo.com after she posted to her site the verbatium text of an article from the Philadelphia Daily News, which he alleged was libelous.  The motion judge granted defendant's motion to dismiss on the grounds that the suit was barred by section 230 of the federal Communications Decency Act; the Common Pleas judge agreed and affirmed.
http://www.law.com/jsp/article.jsp?id=1149843924785
Case docket at http://fjdweb2.phila.gov/fjd/zk_fjd_public_qry_03.zp_dktrpt_frames?case_id=040400274

Melvin v. Doe, No. G.D. 99-10264 (Pa. C.P., Alleghany County 2000).
Status: Dismissed by plaintiff
Pennsylvania Superior Court Judge Joan Orie Melvin sued the anonymous author of the web site grantstreet99, which focused on local politics in Alleghany County, Pa., over allegations that she had improperly lobbyied former Pennsylvania Governor Tom Ridge on behalf of an attorney seeking appointment to the Allegheny Court of Common Pleas bench.
Melvin originally sued in Virginia, home of "Grant Street ‘99’s" web host AOL, seeking an ex parte order requiring AOL to reveal the webmaster’s identity of "John Doe." When the Virginia action was dismissed for lack of jurisdiction, Judge Melvin then filed suit in Pennsylvania.
The trial court ordered Doe’s identity revealed and three fellow judges of Melvin’s on the Superior Court declined to consider the merits of the appeal. In November 2003, the Pennsylvania Supreme Court sent the case back to the Superior Court and ordered a consideration of the merits. Melvin then dropped the case.
In 2006, at a trial in a separate federal suit, John J. Chapman testified that he was behind the Grant Street99 website. The jury in the federal suit, in which Chapman alleged that he was fired from his job with Alleghany County because of the site, found in favor of the county. (Chapman v. Cannon, Civil No. 01-1341 (W.D. Pa.  jury verdict May 26, 2006)).
http://www.post-gazette.com/pg/04094/295582.stm
http://www.freedomforum.org/templates/document.asp?documentID=3434
http://www.law.com/jsp/article.jsp?id=1069170417384
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_455043.html

TEXAS

Cisneros v. Sanchez, No. 2005-CCL-01024-A (Tex. County Ct., filed Aug. 24, 2005).
Status: Pending .
Robert Sanchez, who lost a 2005 race for the Brownsville, Tex. city commission, maintained his former campaign web site (www.robertsanchez05.com) to advertise his restaurant , with a blog on local politics (formerly at http://www.robertsanchez05.com/phpBB2/index.php?c=2). The wife of Carlos Cisneros, who defeated Sanchez in the race, sued for defamation for statements on the site that she alleges were written by Sanchez under a pseudonym.  An effort by Sanchez to get the suit moved to federal court was unsuccessful.  After the suit was filed, Sanchez claimed that a hacker attack wiped out the blog's archive.
http://www.brownsvilleherald.com/ts_comments.php?id=66731_0_10_0_C
http://www.brownsvilleherald.com/ts_comments.php?id=67596_0_10_0_C
http://www.brownsvilleherald.com/ts_comments.php?id=68416_0_10_0_C
http://www.brownsvilleherald.com/ts_comments.php?id=69307_0_10_0_C

Draker v. Schreiber, No. 06-08-17998-CV (Tex. Dist. Ct., Medina County filed Sept. 2006).
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 woman’s personal page and falsely said that she was a lesbian.  One of the students was also charged criminally as a juvenile with retaliation and fraudulent use of identifying information, both misdemeanors.
http://news.yahoo.com/s/ap/20060922/ap_on_re_us/myspace_principal;_ylt=Apq47iQPXscBpTCDfB5RXFtk24cA;_ylu=X3oDMTA3cjE0b2MwBHNlYwM3Mzg-
http://www.mtv.com/news/articles/1541646/09252006/id_0.jhtml?headlines=true
Plaintiff’s complaint: http://blog.ericgoldman.org/archives/Draker%20Original%20petition.doc

R.L. Lackner, Inc. v. Sanchez, No. 2005-CCL-1032-C (Tex. County Ct., filed Aug. 30, 2005).
Status: Pending .
Robert Sanchez (see Cisneros v. Sanchez, above) was also sued by Carolyn Lackner Baird, owner of the R.L. Lackner jewelry store in Brownsville.  Her suit claims that Sanchez allowed various postings on the bulletin board about her and her daughter that were "vulgar, filthy, pornographic," and "in bad taste," as well as false and defamatory statements about her business.  An effort by Sanchez to get the suit moved to federal court was unsuccessful.  After the suit was filed, Sanchez claimed that a hacker attack wiped out the blog's archive.
http://www.brownsvilleherald.com/ts_comments.php?id=66834_0_10_0_C
http://www.brownsvilleherald.com/ts_comments.php?id=67596_0_10_0_C
http://www.brownsvilleherald.com/ts_comments.php?id=68416_0_10_0_C
http://www.brownsvilleherald.com/ts_comments.php?id=69307_0_10_0_C

UTAH

Sorenson's Ranch School et al v. My Space, Civil No. 06- 00632 (D. Utah filed July 31, 2006).
Status: Pending
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.  (The page appears to have been removed.)   According to the suit, the page alleged that the Sorensons engage in child abuse, their staff is not qualified, and they engage in false advertising.  No action has been taken since the suit was filed.

Thalin v. Misbach, No. _____ (Utah Dist. Ct., 4th Dist.  filed 2004).
Status: Motion to dismiss denied .
Laura Thalin, former director of a now-defunct group that practiced and advocated “holding therapy,” a controversial method of treating troubled children, sued the creators of a web site (www.kidscomefirst.info/) criticizing the practice.  In early March 2006, Judge James R. Taylor denied a defense motion to dismiss the suit as a “SLAPP suit.”
http://deseretnews.com/dn/view/0,1249,635191573,00.html

VIRGINIA

Council on American-Islamic Relations, Inc. v. Whitehead, No. CL04000926-00 (Va. Cir. Ct.  settled Dec. 2006).
Status: Settled
The Council on American-Islamic Relations sued Virginia Beach, Va. resident Andrew Whitehead over statements on his website devoted to criticizing the organization, http://www.anti-cair-net.org/, alleging that the group was funded by and supported terrorists.  The parties reached a settlement for an undisclosed sum in December 2005.
http://www.danielpipes.org/article/1705
Plaintiff’s complaint: http://www.anti-cair-net.org/Law2.html
Defendant’s reply brief: http://www.anti-cair-net.org/Response.html

Hargrave Military Academy v. Guyles, Civil No. 06-00283 (W.D. Va. dismissed pursuant to settlement  Aug. 8, 2006).
Status: Settled.
The Hargrave Military Academy sued Jeff and Melissa Guyles over a web site they set up, www.HargraveHasProblems.com, after their son Stewart Guyles was dismissed from the school for violating its honor code.  The federal judge hearing the case issued a preliminary injunction shutting down the site in early May 2006.  In August, the parties reached a confidential settlement.
http://www.registerbee.com/servlet/Satellite?pagename=DRB/MGArticle/DRB_BasicArticle&cid=1137835980832&c=MGArticle
http://www.wdbj7.com/Global/story.asp?S=4877031&nav=S6aK
http://www.registerbee.com/servlet/Satellite?pagename=DRB/MGArticle/DRB_BasicArticle&c=MGArticle&cid=1137836183233&path=

WASHINGTON

Sheehan v. King County Experian, No. C97-1360WD (W.D. Wash. dismissed July 17, 1998).
Status: Dismissed
In 1997, William Sheehan filed suit against a number of credit reporting agencies, including Experian, alleging violations of the Fair Debt Collections Practices Act and the Fair Credit Reporting Act.  In response, Experian sought and received a temporary restraining order against Sheehan’s web site, http://billsheehan.com (no longer in use), which included disparaging comments regarding the agency and contact information for its employees and attorneys.  After weighing the First Amendment interests, the court vacated the temporary restraining order  and denied Experian’s effort to turn it into a preliminary injunction.  The court then dismissed the entire case.
http://www.aclu-wa.org/Issues/cyber-liberties/Sheehan.html
Order denying preliminary injunction: http://www.loundy.com/CASES/Sheehan_v_King_County.html

Trummel v. Mitchell, No. ______ (Wash. Super. Ct., King County 2002).
Status: Contempt citation reversed
Paul Trummel was sent to jail in February 2002, after he refused to comply with the judge’s order to remove from his website (http://www.contracabal.net) the names and addresses of the administrators of the low-income senior citizens’ residence in Seattle where he had lived ("Council House"). He ended up spending 111 days in jail.
The feud between Trummel and Council House began when Trummel began distributing a newsletter to residents detailing his complaints about the building. Based on the newsletter and other allegedly disruptive behavior, Judge Doerty granted a restraining order against Trummel on April 19, 2001. Trummel then posted his complaints on his website, as well as commentary on events at Council House, and the names and home addresses and phone numbers of the administrators. Doerty amended the order to require that the personal contact information be removed, and imposed a $100 daily fine until this was done.
Tremmel initially complied, but then reposted the information on another website (http://contracabal.org/) based in Holland. When Trummel refused to remove the information from that site, Doerty held him in contempt in February 2002 and ordered him jailed. He was released in June after Judge Doerty revised the order to prohibit Trummel from coming withing 500 feet of Council House.
The Washington intermediate appeals court upheld the order of contempt, ruling it was based on Trummel’s conduct, not his statements in the newsletter or websites.
But the Washington Supreme Court reversed. Trummel v. Mitchell, 131 P.3d 305 (Wash. March 30, 2006). The court agreed that Judge Doerty’s original order was proper, since it was directed at Trummel’s conduct, not anything he wrote in his newsletter. But it also held that the portion of the order prohibiting Trummel from contacting Council House residents and staff in any way and at any location was overbroad.
As for the contempt citations and jailing, the Supreme Court held that Trummel’s continued reporting of events at Council House did not constitute "surveillance," which was prohibited by the trial court’s original order.
Thus it held that the contempt citations were an abuse of discretion, and vacated them. It also held that the court’s subsequent order prohibiting Trummel from posting information on his website was also invalid.
Trummel still faces six charges for violating Judge Doerty’s order and failing to appear in court, and there is a warrant for his arrest. His whereabouts are unknown, even to his attorney, but he is apparently reachable by e-mail and was still updating his websites in early April 2006.
http://www.msnbc.msn.com/id/3659307/
http://www.politechbot.com/2006/04/04/washington-supreme-court/


WISCONSIN

Miranda v. Sykes, No. _____ (Wis. Small Cl Ct., Milwaukee County  settled July 28, 2005).
Status: Settled
A radio talk show host who posted and responded to a listener's e-mail on his blog (http://www.620wtmj.com/_content/talk/charliesykes/index.asp) settled a lawsuit against him for $5,000.
WTMJ-AM talk show host Charlie Sykes removed the e-mail within a few hours of posting it in November 2004 post, after he learned that it contained factual errors. But the posting was still available enterprising Internet search three months later.
The suit, filed by Spanish Journal editor Robert Miranda, was settled in return for the station establishing a $5,000 scholarship for high school journalism students.
http://www.jsonline.com/news/metro/jul05/344033.asp
http://www.jsonline.com/news/metro/jul05/345025.asp
http://www.620wtmj.com/_content/talk/charliesykes/index.asp?id=8&month=7&year=2005 (scroll down to July 27, 2005, 7:19 a.m. entry)

U.S. ARMY

U.S. v. Clark (U.S. Army Ct. Martial 2005).
Status: Defendant fined and demoted
In July, the U.S. Army demoted and fined Arizona National Guardsman Leonard Clark for publishing "classified" information on a blog (www.leonardclark.com/blog; now inactive) set up by friends that featured recordings of his phone calls from Iraq criticizing the war.  This year the military began requiring enlisted personnel to register their blogs with superiors.
http://news.com.com/2100-1028_3-5815812.html
http://www.foxnews.com/story/0,2933,164815,00.html
http://www.msnbc.msn.com/id/8769418/site/newsweek/
http://cdn.kjzz.org/news/arizona/archives/200507/leonardclark/leonardclark.mp3 (audio)