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Blogger Fined $60K For Telling the Truth
jfruhlinger writes "'Johnny Northside,' a Minneapolis blogger with less than 500 readers a day, revealed that a University of Minnesota researcher studying mortgage fraud had been involved in a fraudulent mortgage himself; the blog post was at least partially responsible for the researcher losing his job. The researcher then sued the blogger and won — despite the blogger having his facts straight. Johnny Northside plans to appeal the verdict."
The title says it all.
Remember this while the government works hard to eliminate all anonymous speech on the Internet.
These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
It's not a libel case, it's a "tortious interference" case. http://en.wikipedia.org/wiki/Tortious_interference
No you don't. Liar.
The guy worked for the University of Minnesota - a public school funded in part by tax payers. It is therefore absolutely a public case.
Who can call themselves journalists is irrelevant. The 1st amendment does not say "freedom of speech only if you are a journalist."
And whether it is a public or private case is and should be immaterial. If Northside told the truth, then he should be absolutely protected from retribution. Legal trickery should not trump the 1st amendment.
I assure you that if I were a blogger, and I found out that someone who I was for whatever reason covering was up to his ears in criminal activity, I would rightfully expect to be able to tell people about it without being held liable for it.
Put another way, what this case really says is "don't say anything negative about anyone, ever, whether it's true or not, because if they have to face any consequences for what they did, it will be your fault." That's a(nother) direct attack on the first amendment.
"I disagree with you" does not equal "flamebait."
As a lawyer I can also tell you the case may turn on invasion of privacy principles. The long-recognized tort of invasion of privacy gives a right of action for:
1. False Light -- you can't paint someone in a false light, ie photos with text suggesting that a virtuous person is promiscuous
2. Appropriation -- you can't take someone's image for advertising purposes (though photos taken in public are not invasion)
3. Invasion -- you can't burrow into someone's home life and expose embarrassing intimate detail
4. Disclosure --- you can't disclose even true facts about someone if there ensue unfair disruptive consequences, or if disclosure is done for malicious ends. "Unfair" is up to a jury.
It is (4) that is in play here.
These principles have lived long in the law. One imagines they became recognized as causes of action and continue to be because there is some justice in them, even if they may be occasionally misapplied.
Those are my principles, and if you don't like them... well, I have others.
Truth is a defence against defamation tort, however truth might be the very thing that a plaintiff wants to protect from the tort of a breach of privacy. Maybe the real question is whether the fact a fraudulent (thus criminal) activities can be protected by the privacy torts in civil cases.
"I just can't sit while people are saying nonsense in a meeting without saying it's nonsense" J Watson, Sci Am 288:(4)51
The article very clearly says that the defendant was *not* sued for libel. "The truth is an absolute defense" in cases of libel, so the ex-teacher had no ground to stand on for a libel case. He chose a civil tort instead, which allows you to sue for pretty much anything you like, so long as you can get a judge and/or jury to agree.
Also, i'm not sure what the police would have done. It seems from the article that the ex-teacher had been involved in some capacity in a bad mortgage scandal, the results of which did not cause him to face any legal sanctions. However, any university wishing to appear credible is *not* going to have someone studying mortgage failures that was implicated in even a tangential way with an actual mortgage fraud. "Avoid even the illusion of impropriety."
What I'd want to know as a jurist was whether the ex-teacher disclosed that past incident to the university before he was hired. If he had, I'd be far more likely to find in his favor, because an individual caused him to be terminated for reasons that the university initially did not find objectionable, but he was "Tried in the public courts" as they say. If he had *not* disclosed, I'd likely find against him, as it seems that he was merely caught being dishonest.
The truth as a defense is for claims of defamation. From the reporting of the case, this sounds like the plaintiff won on an "intentional infliction of emotional distress" and "intentional interference with contract" and/or "intentional interference with prospective economic advantage" claim, all of which are tort claims (personal injury). Look at it this way...if you were really obese, and someone kept taunting you, day in and day out, saying "You are fat and going to die", you could sue them for emotional harm *even though* those two statements are patently true. And, yes, I'm a lawyer, *and* I played one on TV. :-)
How does this have anything to do with the government clamping down on free speech?
Because the truth used to be a defense against libel. However, with the swing to the far right (not a party swing, but the whole country, including both parties are swinging that way for some topics), freedom of speech is being trampled. There are already states where true statements about some protected industry is illegal if the statement is negative. Now you can't say anything to get someone fired, even if true.
this is not the government trying to shut this guy up,
It is the government shutting him up. The government is enforcing the finding made in the government court. They are the enforcement arm for this.
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And who didn't throw lawsuits like this out of court? Letting 12 retards decide what to do with a person after listening to hours or days of screaming from lawyers should be the last resort, not the first choice.
Contrary to the popular belief, there indeed is no God.
Because the truth used to be a defense against libel. However, with the swing to the far right (not a party swing, but the whole country, including both parties are swinging that way for some topics), freedom of speech is being trampled. There are already states where true statements about some protected industry is illegal if the statement is negative. Now you can't say anything to get someone fired, even if true.
What's interesting here is the suit is not a libel suit. The suit was prosecuted on the basis of he wrote that maliciously for the purpose of getting the plaintiff fired; so libel or defamation is not a claim made in the suit.
The plaintiff could not sue for defamation or libel, if he tried, he would have failed, due to the truth of the information. The article mentioned
And the laws that allowed the suit to proceed.
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You're right about the judge, but what the heck makes you think jurors aren't retards? I remember a woman on a jury saying, in the same sentence, that we can't allow our feelings to sway our judgment so we should band together to get this guy off the streets.
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Suppose that when you were young but still an adult in a time of bad judgment you stole a car for a joy ride. You got caught, were genuinely remorseful, plead guilty, served your sentence, and went on to live a good life and have your rights fully restored. It 20 years later, and that incident is long behind you. You've never stolen again, never committed another crime.
You work as a security guard for a bank. They are aware of your conviction though a background check, but see no problem with it. It was a long time ago, etc, etc. However one of your enemies becomes aware of this fact so he starts a campaign against you. He starts putting up signs, a website, and so on talking about how the given bank hires thieves, showing your picture. The bank has no choice to dismiss you because of the bad publicity.
Now, nothing he said was false, you did in fact steal at one time, however should that one act mark you for the rest of your life? Should he be able to use it to harm you?
If not then you see why a law like this exists.
If for some reason you do think that should mark you forever then let me ask you have you ever pirated any software, music, or movies? How about accessed a computer without permission, even if it was due to a weak password or unpatched hole? Those are crimes, should the be chosen to be prosecuted as such. That you weren't caught is of no relevance. Unless you feel such a thing should mark you for life, then reconsider.
Hang on - juries don't just decide facts. They are *instructed in the law* by the judge, and are told to follow it. In their deliberations, they are legally obliged to follow this law and decide the facts. (Aside: It's quite illegal in jurisdictions I'm familiar with for a juror in the jury room to say and then follow through by voting on a statement like "I don't care what the law says, I'm not convicting this guy even if he is guilty" while it is perfectly legal for the same juror to keep his trap shut and just vote "not guilty.")
In this case the claim against the blogger was tortious interference, which roughly means proving not only are the facts as you presented them, but proving the blogger had intent to interfere with a contract between the plaintiff and a third party (in this case an employment agreement with a university). From the limited info in the article, the plaintiff may have gotten over that hurdle, at least partially, by showing that the blogger himself subsequent to the original blog took *partial* credit on a second blog article for getting the guy fired. This could help show intent to interfere with the employment contact. So, while it might be unambiguous free speech to publish or point out public information with no intent to cause harm, if the blogger is shown to have done so because he intended to screw up a legal contract, that may be a different issue.
Regardless of the above legal issues, in my opinion, first amendment protections in a case like this should override a tortious interference claim, but apparently this (I'm sure legally astute) jury of *seven* went the other way. The perils of a jury trial -- I wonder why the defendant didn't ask for a bench trial in this case..
If you want to see a classic example of tortious interference, watch the movie The Insider by Michael Mann. It shows (at least cinematically) how tortious interference claims can be used to stifle first amendment rights even against "big media" companies who have real lawyers.
The summary really approaches this from a certain point of view.
Let's look at it from a different point of view ...
1. University hires a researcher who has done something in the past which would make him look bad, but is not technically illegal. The researcher has technically never committed any crime, just gotten involved with some bad people at one stage.
2. Blogger starts a campaign of negative publicity against the researcher focused on this aspect of his history. Everything said is true, but is inflammatory and of a nature intended to defame the researcher.
3. The university, for all we know, may even know about the researcher's controversial past already and be cool with it. Either way, the university finds it increasingly difficult to support the researcher in the face of this negative publicity, and eventually lets go of him in order to save face.
4. The researcher sues not for libel, because all the statements made about him were true, but for the running of a negative campaign about him which eventually lead to him losing his job and reputation.
A lot of people have something in their past that makes them look bad, but which is not actually illegal. If someone starts a negative campaign about you based on something like this, and it ends up with you losing your reputation or job, who is in the wrong? In this case, 12 jurors thought it was the blogger.
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>>They are *instructed in the law* by the judge, and are told to follow it.
Maybe that's how it should be done, but consider the Brian Aitken case.
New Jersey law allows you to have guns (locked in a case) in your trunk if you're moving. The police and the assistant DA both said it was obvious he was moving.
The judge told the jury they couldn't consider that exemption to the draconian New Jersey gun control laws (the judge deciding the fact he was not moving for the jury). Thus both dictating fact and to ignore law to the jury.
Brian, having his exemption stripped from him by the judge, was promptly sentenced to the minimum 3 years in jail, which was newly classified as a "violent offense", meaning he lost his child visitation rights and hasn't been able to see his kid in two years, even though he was pardoned by Christie.
Yeah... I will grant that it's insane. The defendant ought to have prevailed if for no other reason than the plaintiff has Unclean hands; with regards to the matter under dispute.
The plaintiff acting illegally and unethically in a way that effected the public gave rise to a journalistic duty for journalists to cover the subject. And the journalist is being sued for covering the subject.
I should clarify. The jury is instructed that they may not judge the law or the likely punishment, only the facts. They are then to robotically apply the law to those facts. They are then told what the law is.
In spite of that instruction, the body of law the U.S. inherited it's jury system from explicitly acknowledged a juror's duty to judge the law as well as the facts. The founding fathers as well as a number of supreme court justices from the beginning to as recently as 1946 certainly agreed.
Of course, finally, the court cannot compel a juror to act against his or her conscience and cannot even examine a juror's decision making process. (that's not to say it wouldn't happen, only that it would violate due process).
From all of that, the upshot is that all jury instruction in the modern U.S. court is faulty.
Of course, once you get the jury to the point of agreeing to judge the facts and then roboticly apply the law as told to them by the judge, the judge is free to create any desired verdict (though it MIGHT be thrown out if an appellate court finds that the instruction was faulty enough).