The Wall Street Journal reported yesterday on the increasing use of lawsuits against bloggers:
Bloggers are increasingly getting sued or threatened with legal action for everything from defamation to invasion of privacy to copyright infringement. In 2007 -- the most recent data available -- 106 civil lawsuits against bloggers and others in social networks and online forums were tallied by the Citizen Media Law Project at the Berkman Center for Internet & Society at Harvard University, up from just 12 in 2003. There have been about $17.4 million in trial awards against bloggers to date, according to the Media Law Resource Center in New York, a nonprofit clearinghouse that tracks free-speech cases.
Many lawsuits are thrown out of court or settled before trial, but not before causing headaches for the accused. Though the likelihood of a plaintiff winning a lawsuit is not high, "you could go bankrupt" just from defending against them, says Miriam Wugmeister, a partner at Morrison & Foerster LLP and a privacy and data-security law expert. (Note to anyone getting any ideas: I have my own law degree and don't have this problem. I'll be more than happy to stay up til 3:00 AM writing every motion I can legally support.)
The number of blogger lawsuits is likely to keep rising as the number of people who post online continues to grow, says Sandra Baron, executive director of the Media Law Resource Center and a media-law attorney. Social-networking sites such as LinkedIn, Facebook and MySpace -- which is owned by News Corp., the parent company of The Wall Street Journal -- and microblogging services like Twitter are making it easy for impetuous remarks to reach thousands of users in a matter of minutes. In March, fashion designer Dawn Simorangkir sued rocker Courtney Love for libel in Los Angeles Superior Court, accusing Ms. Love of posting disparaging remarks about the designer on Twitter and MySpace.....
At the same time, companies are increasingly employing automated technology to scour the Internet for copyrighted material and negative remarks. As a result, Web sites that purport to rate everything from college professors to doctors and contractors are being sued by recipients of disparaging reviews, according to the Berkman Center....
Civic gadflies and self-styled watchdogs who accuse local politicians and companies are getting slapped with lawsuits. People who post messages in chat rooms, online forums and blogs can be held liable for invasion of privacy or for making defamatory statements, which are damaging, false statements of fact....."
Article
I've warned a couple of local bloggers about getting sued. Unfortunately they replied they can't get sued, especially for comments made by other people. I think one day they might find out otherwise. Of course, the incentive here will be for bloggers to use screen names and keep their identities private.
Saturday, May 23, 2009
"Bloggers beware"
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Trollfest '09
Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Trollfest '07
Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
16 comments:
It would also be incentive for them to stop spreading unsubstantiated bullshit or using copyrighted material without permission. Which I think would be a move in the right direction. A lot of people are getting their information from the internet and if bloggers want to participate in the media they need to held accountable for the public claims they make.
Now was that directed at moi?
Yada, yada, yada HeavyB.
Rudy Warnock has sued an unknown blogger or bloggers in Madison County over posting pictures of him at the Playboy Mansion that, as I understand it, he had posted first on his MySpace page. Poor Rudy.
LOL... nooo. Just in general. I didn't even know your blog existed until this week.
We're losing our free speech. Thanks conservatives.
How is it the fault of the conservatives?
If anything its groups like the Gay lobby, the NAACP, and the feminists that want to classify speech they disagree with as hate speech under hate crimes law.
Bush did it. Now then, we got that out of the way. Feel better? And it makes doing that still makes it no more the truth than blaming him for kudzu, poison ivy and 3.2 beer.
It's not. I'm just trying to cause trouble. But, I do feel as if the conservatives want to get in our business too often. I guess I consider myself a Libertarian after being a Republican for so long. As I tell my friends, I didn't leave the Republican party, they left me. The days seem to be gone when democrats and republicans got along and worked together.
KF, don't leave the UN out of that list.
I just don't believe in censorship unless it causes physical harm, etc. That being said, I hate that www.redstate.com blog as linked on this site. But, I'll just choose not to read it.
KF, my understanding is that once you become a " public figure", you have very little protection in the law against libel/slander. Also, you are protected if you " believe" something to be true and it isn't so wording for bloggers may matter..." I think", " I feel", " I heard".
Aren't most of these lawsuits about Internet bullying?
The idea a politician or company could use superior resources to frighten or bankrupt critics is very scary indeed. Judges have to power to throw out such suits, but when you elect judges, they fear the consequences of exercising that power.
Also, how much protection is a screen name?
I don't think Warnock intends to win the suit for damages, he just wants to find out who's doing this and has the money to do it.
Getting it with these lawsuits is a risk you take in blogging. Some of the things that have appeared on other blogs would never make it here because they are false or libelous. Some bloggers have told me they are protected and one day they are going to find out otherwise.
Anon 8:07. I think the same thing but being a public figure hasn't stopped people from suing bloggers. Doesn't Perez Hilton get sued all the time? I don't read his stupid blog but he only writes about public figures.
For one thing, a threat to sue on the part of a public figure very rarely turns into an actual lawsuit. One party or the other will back down--either the defendant will shut up or the plaintiff will be shown up by the evidence behind whatever was said.
That said, there is a higher standard in libel lawsuits only for "public figures" to prove they were libeled. They have to prove three things--that the allegation wasn't true, that the reporter knew it wasn't true, and the allegation hurt their reputation in some way. An ordinary person only has to prove that the allegation isn't true. As always the burden of proof is on the plaintiff, not the defendant. This makes any kind of libel suit hard to win if you are in the public eye, whether you are put there by events or you put yourself out there willingly.
yeah...the " proving the reporter knew it wasn't true" and that the reputation was hurt are tough. The defense could have a field day for parading people who never liked the plantiff onto the stand to say the reputation was already bad with them!
And, I wonder how many readers understand how low the standard is for legally being a " public figure"? EVER had your name or photo in the paper or one of the local social mags? If so, you are a " public figure".
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