Elections and Politics

Stone v. Hipcheck16

Date: 

04/01/2009

Threat Type: 

Subpoena

Party Receiving Legal Threat: 

Paddock Publications, Inc., d/b/a The Daily Herald; Hipcheck16

Type of Party: 

Individual

Type of Party: 

Organization

Court Type: 

State

Court Name: 

Circuit Court of Cook County, Illinois

Case Number: 

2009L005636

Legal Counsel: 

Michael Furlong (for Hipcheck16)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Subpoena Enforced

Description: 

In November 2009, an Illinois Circuit Court judge ruled that Buffalo Grove Village Trustee Lisa Stone was entitled to pre-suit discovery of the identity of "Hipcheck16," an anonymous commenter who allegedly defamed her son in the comments section of a Daily Herald article.  The comments in question arose in the course of a heated political debate between Hipcheck16 and Ms. Stone's son:

The comments at the heart of the case came at the end of a series of posts between Hipcheck16 and Stone's son, who was concerned about online remarks the teen regarded as critical of his mother.

At one point, the teen asked to know the poster's identity and challenged him to debate the issues in person.

Declining an invitation to pay a visit, Hipcheck16 posted a response that said, according to court documents, "Seems like you're very willing to invite a man you only know from the Internet over to your house -- have you done it before, or do they usually invite you to their house?"

The post then continues with references to the boy's "mommy," saying that statements made by her son may cause her political problems after her election, according to court records. (Chicago Breaking News)

According to Chicago Breaking News, the newspaper turned over Hipcheck16's IP address, and Stone sought his identity from Comcast.  Although the record is not entirely clear, it looks like counsel for Hipcheck16 then intervened and sought a protective order, which the court denied in November 2009, though the court ruled that only Stone and a process server—should she file eventually file a lawsuit—could learn of Hipcheck16's identity.  

Later in November, the court granted a stay of the order for a month, to give Michael Furlong, Hipcheck16's lawyer, time to appeal.  Furlong told Chicago Breaking News that he intended to appeal.

Update:

03/15/2010 - EFF and The Media Freedom and Information Access Practicum filed an amicus curiae brief in support of Hipcheck16's appeal.

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Grayson v Langley

Date: 

12/15/2009

Threat Type: 

Other

Party Receiving Legal Threat: 

Angie Langley

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

Other

Publication Medium: 

Website

Relevant Documents: 

Status: 

Pending

Description: 

Representative Alan Grayson (D-Fla.) sent a letter to Attorney General Eric Holder requesting an investigation of Angie G. Langley for violating 18 U.S.C. § 1001 by falsely representing to the Federal Elections Commission that her PAC "supports or opposes more than one candidate," when in fact it only opposes Grayson.  Grayson points to the website for the PAC—MyCongressmanIsNuts.com—as evidence that Langely only opposes him, and also claims that the website falsely implies that Langley is a constituent of Grayson's, when in fact she lives outside his district. 

The "About Us" section of the website reads: 

Central Floridians formed My Congressman Is Nuts PAC as a response to the outrage and embarrassment within Central Florida over Alan Grayson's liberal positions and childish approach in Washington, D.C. We could no longer sit by and accept his inappropriate behavior and leftist big government agenda. He does not represent the values of Central Florida.

To be successful, we need your help. Please join our effort by making a contribution today! Through paid advertising and grassroots activities, we will hold Alan Grayson accountable for his votes and actions. 

It is not clear whether the Attorney General has taken any action in response to Grayson's letter. 

Jurisdiction: 

Content Type: 

Subject Area: 

United States v. Madison

Date: 

09/24/2009

Threat Type: 

Criminal Charge

Party Receiving Legal Threat: 

Elliott Madison (Elliot Madison); Michael Wallschlaeger; Elena Madison; Jennifer Sobolewski; James Weiss, Irina Weiss; Maik Hasenbank

Type of Party: 

Government

Type of Party: 

Individual

Court Type: 

Federal
State

Court Name: 

Pennsylvania Court of Common Pleas; U.S. District Court Eastern District of New York (Brooklyn)

Case Number: 

1:09-mc-00647-DLI (federal)

Legal Counsel: 

Martin R. Stolar (primary in New York); Claudia Davidson

Publication Medium: 

Micro-blog

Relevant Documents: 

Status: 

Pending

Disposition: 

Withdrawn

Description: 

Elliott Madison (also spelled as Elliot Madison), along with Michael Wallschlaeger, was arrested by the Pennsylvania state police after using Twitter messages to relay information from police scanners and maps to protestors of the G-20 summit in Pittsburgh. They were charged with "hindering apprehension or prosecution, criminal use of a commnication facility, and possession of instruments of crime". According to Martin Stolar, Madison's attorney, the charge of hindering prosecution arose from the fact that Madison announced that the police had issued an order to disperse to the protestors.

A week after the G-20 summit arrest, Joint Terrorism Task Force agents searched Madison's New York home and seized his property, including his computers and the records he keeps for his occupation as a mental health facility counselor. Elena Madison, Jennifer Sobolewski, Michael Wallschlaeger, James Weiss, Irina Weiss, and Maik Hasenbank were also residents of this address at the time. The search warrant used in the search "asked for evidence that indicated...[potential] violations of federal rioting laws." If Madison is found guilty of violating the rioting law (18 U.S.C. §2101), he could face a penalty of up to five years in prison. Madison asked the court for a temporary order to prevent officials from examining the seized property until the court had the opportunity to examine the search warrant.  He also filed a motion to recover the seized property. Stolar argued that the search was unconstitutional and violated Madison's free speech rights. However, an Eastern District New York judge ruled that the government's search was not illegal and lifted the temporary stay, finding that the search warrant was "sufficiently particular and in compliance with the First Amendment".

The criminal charges in Allegheny County, Pennsylvania were dropped after the New York investigation commenced, as the law enforcement agencies felt that the G-20 activities "were not isolated incidents." Madison has not been charged in New York yet, and although he has attempted to appeal the court's order, officials are not prohibited from examining the property that they seized.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

EK - editing [11/24/09]

Priority: 

1-High

Carabelli v. The Michigan Messenger

Date: 

10/01/2008

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

The Michigan Messenger; Center for Independent Media; Eartha Jane Melzer; Jefferson Morley; David Bennahum

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Macomb County Circuit Court

Case Number: 

2008-004340-CZ

Publication Medium: 

Website

Status: 

Concluded

Disposition: 

Dismissed (total)

Description: 

James Carabelli, chairman of the Republican Party in Macomb County, Michigan, sued The Michigan Messenger, a news site owned by the Center for Independent Media, for defamation in Michigan state court in October 2008. The lawsuit revolves around a September 10, 2008 article entitled "Lose your house, lose your vote," written by staff reporter Eartha Jane Melzer. The lawsuit also named as defendants Melzer, Jefferson Morley, editorial director of the website, and David Bennahum, President and CEO of the Center for Independent Media.

Melzer's article discussed alleged plans on the part of Republican officials in Michigan to challenge voters based on lists of home foreclosures. It attributed the following quote to Carabelli: "We will have a list of foreclosed homes and will make sure people aren’t voting from those addresses." Carabelli denies having made this statement and the existence of any such plans. The article drew national attention and spurred a lawsuit by the Obama campaign against the Michigan Republican Party, which subsequently settled.

The Michigan Messenger stands behind the accuracy of the quotation. After the suit was filed, Jefferson Morely told the First Amendment Center:

We've reviewed Eartha's phone records and e-mails to recreate what Eartha reported and how she did it. . . . This review of the record leaves no doubt that the conversation with Mr. Carabelli took place, that the question of voter challenges was discussed, that Mr. Carabelli said what he said, that Eartha reported those comments immediately and accurately to her editors, and then to readers.

Doug Preisse, an Ohio G.O.P. official, also challenged the accuracy of remarks attributed to him in Melzer's article. The website issued a clarification regarding Preisse's comments on September 19.

Update:

01/13/2009 - Judge ordered dismissal of the case for non-service. 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

RSS

CMLP Notes: 

Source: RSS first amendment center

Priority: 

1-High

Zuleger v. Klocko

Date: 

04/01/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Paul Klocko

Type of Party: 

Individual

Type of Party: 

Individual

Publication Medium: 

Forum

Relevant Documents: 

Status: 

Pending

Description: 

Dean Zuleger, the Village Administrator in Weston, Wisconsin, sent a letter to Paul Klocko, a local businessman, demanding that he cease making anonymous derogatory statements about him on the website for the Wausau Daily Herald.  Klocko had posted his comments on the Daily Herald's website after Zuleger was named Person of the Year by the paper.  According to the Associated Press:

Readers anonymously flooded the Wausau Daily Herald's Web site with comments bashing Zuleger's salary, his management style, his weight. One person suggested his third chin should have been nominated.

''I have just two words for Dean Zuleger, and they are ... A) anger management. B) salad bar. C) Rod Blagojevich. D) all of the above. The correct answer is D.,'' one posting read.

Zuleger asked the Daily Herald for the identity of the user behind the comments, and the newspaper complied with his request by releasing the e-mail address associated with Klocko's username.  Zuleger contacted the Daily Herald and demanded to know the identify of the commenter and the paper handed over one critic's e-mail address.

Zuleger then sent a letter on his official stationery, telling Klocko to stop the personal attacks and ''come out from behind the cloak'' and meet him.

The Daily Herald later apologized to Klocko for revealing his identity and the paper's corporate parent, Gannett Co., has clarified its policies on anonymous speech, stating that it will release information only if ordered by a court or if a comment contains a threat of imminent harm.

No lawsuit has been filed.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

EK - editing [11/28/09]

Priority: 

1-High

Hipcheck16 Is No Turk 182 - But Anonymous Political Speech Is Sacred

This one is a little disturbing.

Political Race Gets Nasty

Jurisdiction: 

Subject Area: 

It's Election Time Again: CMLP Announces Updated Guide to Newsgathering at the Polls

Voters head to the polls again on November 3 to cast their ballots in mayoral, city council, and even a handful of gubernatorial elections.  In addition, there are some important ballot measures up for consideration, like the referendum in Maine seeking repeal of the state's newly enacted statute legal

Content Type: 

Subject Area: 

I Can Clearly See You’re Nuts: ACORN’s Insane Civil Suit

I'm pretty sure I can struggle my way out. First I'll just reach in and pull my legs out, now I'll pull my arms out with my face. – Homer J. Simpson, The Simpsons, Bart Gets An Elephant, 1F15

Jurisdiction: 

Content Type: 

Subject Area: 

Palin Threatens to Sue Blogger for Publishing Rumors of Investigation, Ensures Rumors Will Get Wide Attention

Exercising one of the freedoms Americans celebrate on Independence Day -- the freedom to threaten an ill-conceived lawsuit -- Alaska Governor Sarah Palin directed her lawyer to publish an open letter to Shannyn Moore, an Alaska blogger, radio personality, Huffington Post contributor, and frequent guest on MSNBC, threatening to file a defam

Jurisdiction: 

Subject Area: 

Palin v. Moore

Date: 

07/04/2009

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Shannyn Moore; Huffington Post, MSNBC; New York Times; and The Washington Post

Type of Party: 

Individual

Type of Party: 

Individual
Media Company

Publication Medium: 

Blog
Broadcast
Website

Relevant Documents: 

Status: 

Pending

Description: 

On July 4, 2009, an attorney for Alaska Governor Sarah Palin sent an open letter to Alaska blogger Shannyn Moore, the Huffington Post, MSNBC, the New York Times, The Washington Post, and other news organizations threatening to file defamation lawsuits if they claimed "as 'fact' that Governor Palin resigned because she is 'under federal investigation' for embezzlement or other criminal wrongdoing." 

Attorney Thomas Van Flein states in the letter:

To the extent several websites, most notably liberal Alaska blogger Shannyn Moore, are now claiming as "fact" that Governor Palin resigned because she is "under federal investigation" for embezzlement or other criminal wrongdoing, we will be exploring legal options this week to address such defamation. This is to provide notice to Ms. Moore, and those who re-publish the defamation, such as Huffington Post, MSNBC, the New York Times and The Washington Post, that the Palins will not allow them to propagate defamatory material without answering to this in a court of law. 

According to Politico, neither the New York Times nor The Washington Post "made any mention of the embezzlement rumors in their Saturday editions, but sources close to Palin consider the letter a warning shot to stay away from the topic."

Jurisdiction: 

Content Type: 

Subject Area: 

Priority: 

1-High

Jacob v. Bezzant

Date: 

01/01/1999

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

B. Brett Bezzant; Newtah, Inc. (d/b/a American Fork Citizen New Utah); Does I-X

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Court Type: 

State

Court Name: 

Fourth District Court- Utah County (Trial); Supreme Court of Utah (Appeal)

Case Number: 

No. 000403530 (Trial); No. 20060856 (Appeal)

Legal Counsel: 

Jeffrey J. Hunt, David C. Reymann

Publication Medium: 

Print
Website

Relevant Documents: 

Status: 

Pending

Disposition: 

Dismissed (total)

Description: 

In 1999, Brett Bezzant, then-owner of the American Fork Citizen New Utah!, a local newspaper, published a political advertisement prepared and paid for by Bill Jacob, which claimed that an American Fork City ordinance barred two men from running for City Council, despite a legal opinion from the city's attorneys that said otherwise. Jacob's name was not on the flier. After the two candidates complained to Bezzant, he paid for and published an "Urgent Election Notice" that apologized to the two men, named Jacob as the author of the political advertisement, and called it a "classic example of negative campaigning." Bezzant distributed the notice by mail to American Fork residents and posted it on the newspaper's website.

Jacob filed a lawsuit against Bezzant, claiming the notice contained defamatory language and portrayed him in a false light. Bezzant filed a counterclaim under Utah's Citizen Participation in Government Act, also known as the Anti-SLAPP (Strategic Lawsuit Against Public Participation) Act.  The trial court dismissed Jacob's defamation claims and granted Bezzant attorney's fees under the Anti-SLAPP Act and a federal civil rights statute (42 U.S.C. § 1988(b)).

On appeal, the Utah Supreme Court held in a June 2009 opinion that dismissal of Jacob's defamation suit and awarding of attorney's fees was inappropriate under the Anti-SLAPP Act because Bezzant's election notice was not "participati[on] in the process of government."  Utah Code Ann. § 78B-6-1403(1) (2008).  However, the Utah Supreme Court upheld the trial court's dismissal of the defamation suit as lacking legal merit and the award of partial attorney's fees under the civil rights statute.  The court declined to address the issue, raised by Jacobs for the first time on appeal, of whether Utah's Anti-SLAPP Act is unconstitutional under the Utah Constitution.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

2009 WL 1659372

06/25/09 - LB editing

Priority: 

1-High

Liberte, Egalite, Technologie: The French Resistance and the Anti-Piracy Campaign

The music and motion picture industries suffered a setback in their global anti-piracy carpet-bombing campaign on June 10, when the French Conseil Constitutionnel struck down the internet-banning portions of the HADOPI law.

Jurisdiction: 

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Subject Area: 

Abourezk v. ProBush.com

Date: 

05/27/2003

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Probush.com, Inc.; Michael Marino; Ben Marino

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Court Type: 

Federal

Court Name: 

United States District Court for the Southern District of South Dakota

Case Number: 

4:03-cv-04146-LLP

Verdict or Settlement Amount: 

$1.00

Legal Counsel: 

Ronald A. Parsons, Jr. - Johnson, Heidepriem, Abdallah & Johnson, LLP (for all defendants); Kimberly J. Lanham - Janklow Law Firm, Prof. L.L.C. (for all defendants)

Publication Medium: 

Website

Relevant Documents: 

Status: 

Concluded

Disposition: 

Settled (total)

Description: 

On May 27, 2003, former South Dakota Senator James G. Abourezk filed a defamation suit against Michael Marino, one of the co-owners of ProBush.com, a website that "offered unconditional support of the 43rd US President, George W. Bush," based on Abourezk's inclusion in the “Traitor List” posted on site.  Abourezk claims that calling him a traitor “is libelous per se under South Dakota law as it accuses the Plaintiff of a criminal act he did not commit.”  (Compl. ¶ 13.)  He is seeking actual damages of $2 million, punitive damages of $3 million, the removal of all references to him on ProBush.com, and a public apology.  (Compl. 4.) 

On April 29, 2005, Abourezk filed an amended complaint that include Jane Fonda and Roxanne Dunbar-Ortiz as co-plaintiffs, and Ben Marino, the other co-owner of ProBush.com, as a co-defendant.

The defendants filed a motion to dismiss based upon a failure to state a claim, asserting that their speech is protected by the First Amendment, arguing that including Abourezk on the “Traitor List” “does not qualify as a form of verifiable, literal falsehood that could lead anyone to believe that the website was stating a concrete, objective fact about [Abourezk].”  (Memo in Support of Motion to Dismiss 18–19.)  This motion was denied on March 14, 2004 by Chief Judge Lawrence L. Piersol. 

The defendants also filed a motion for summary judgment.  According to Todd Epp, one of the lawyers for the plaintiffs, this motion was also denied.  The plaintiffs filed a motion for partial summary judgment on the issue of liability.  Before this motion could be ruled on, however, the case was settled and dismissed with prejudice on November 23, 2005.  According to one of ProBush.com's lawyers, as reported by The Associated Press, the settlement amount was $1.

Jurisdiction: 

Content Type: 

Subject Area: 

CMLP Notes: 

Source: Associated Press/FirstAmendmentCenter

LB 06/05/2009

Priority: 

1-High

Leahy v. Grasmick

Date: 

05/18/2009

Threat Type: 

Lawsuit

Party Receiving Legal Threat: 

Stephanie Grasmick; Duke St. Journal, and Does 1 - 25

Type of Party: 

Individual

Type of Party: 

Individual

Court Type: 

State

Court Name: 

General Sessions Court of the State of Tennessee for Williamson County

Case Number: 

37111A

Publication Medium: 

Blog
Micro-blog

Relevant Documents: 

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Description: 

Michael Patrick Leahy, author and founder of "Top Conservatives On Twitter," filed a lawsuit against blogger Stephanie Grasmick, Twitter user "Duke St. Journal," and 25 anonymous Twitter users for libel, false light invasion of privacy, intentional infliction of emotional distress, and tortious interference with contract.

Leahy, who appears to be handling the case himself, asserts that Grasmick posts on Twitter under the name StephanieInCA and is the operator of Teablogging, a site created "to chronicle the lead-up to the April 15 conservative hysteria Tax Day Tea Parties and to serve as a central repository for low-brow teabag-related sex jokes." His four-count complaint alleges, among other things, that Grasmick libeled him in a blog post on May 13, 2009, in which she falsely stated the he is:

  • a "major tax fraud";
  • a "delusional profiteering creep";
  • an "insane clown"; and
  • a "member of some alien race of Lizard People."

Compl. (First Cause of Action) ¶¶ 1-5.  Leahy also claims that Grasmick and Duke St. Journal repeated these false statements on Twitter.

Leahy also asserts a claim for false light invasion of privacy, although the conduct he complains about is more properly characterized as a claim for publication of private facts: the disclosure of his "residence in Williamson County, Tennessee."  Compl. (Second Cause of Action) ¶ 1. 

In addition to monetary damages, Leahy claims he is "entitled to see the complete records of all Facebook communications and telephonic commuications between Grasmick and her 283 Facebook friends, as well as public and private messages sent by Grasmick to those 469 persons she follows on Twitter, in order to determine the identity, if there is such, of any additional defendants who should be named in this complaint."  Compl. ¶ 18.

Update

May 22, 2009: Dispute resolved by mutual accord.  Leahy reported on his blog that "Grasmick has agreed to remove the false and misleading word from the headline of her May 13, 2009 blogpost which caused me to file a libel suit against her on May 18, 2009. I, in response, have withdrawn my complaint against her."  Grasmick confirmed the agreement and removed the word "fraud" from her previous blog post.

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

St. Charles County Election Authority v. Doe

Date: 

04/01/2009

Threat Type: 

Criminal Investigation

Party Receiving Legal Threat: 

John Doe

Type of Party: 

Government

Type of Party: 

Individual

Publication Medium: 

Blog

Status: 

Pending

Disposition: 

Material Removed

Description: 

An anonymous blogger who sponsored a fake campaign for St. Louis Blues hockey player T.J. Oshie to become mayor of O'Fallon, Missouri posted a photograph of a ballot with Oshie's name written in. (Although the blog remains, the photo -- available here -- has been removed.) This is an apparent violation of Mo. Rev. Stat. § 115.637 (14), which prohibits a voter from "allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted." Violation is a a class-four election offense, punishable by up to a $2,500 fine and/or up to a year in jail.

What the blogger probably saw as a harmless prank was taken seriously by St. Charles County elections director Rich A. Chrismer, who told the St. Louis Post-Dispatch that the blogger "violated the law, and I'm going to prosecute." "They may have thought the photo was cute," he continued, "but it was very serious."

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Blogger Threatened Over Ballot Photo As 19th Century Laws Meet 21st Century Technology, Sensibility

As noted in the Documenting Your Vote section of CMLP's Legal Guide, several states have laws prohibiting voters from displaying their ballots to someone else.

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Progress Illinois' YouTube Channel Reinstated After Fox Declines to Sue

Late last week, YouTube reinstated Progress Illinois' YouTube channel after Fox Television declined to sue for copyright infringement within the 10 day window prescribed by the Digital Millennium Copyright Act (DMCA)

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Subject Area: 

New York Times Calls on Inauguration Attendees to Submit Their Photos

In much the same spirit as its Polling Place Photo Project, the New York Times is calling on attendees of this week's inaugural events to submit their photos for publication:

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Subject Area: 

CMLP Publishes Guide to Covering the 2009 Presidential Inauguration

Heading to Washington, D.C., to attend the Presidential Inauguration?  You're bringing your camera with you, right?  Well it shouldn't come as any surprise that heightened security measures across the Washington area will affect where you can go, what you can bring with you, and what you can do to document the inaugural events.  In an effort to help

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