Judge Orders Google to Identify 'Skanks' Blogger

Well, Miss Cohen has succeeded. According to the Telegraph, the Manhattan Supreme Court Judge Joan Madden ordered Google on Monday to hand over the blogger's e-mail and IP addresses. Google gave the information to Cohen's lawyers, who plan to sue the blogger for defamation.
In court, Anne Salisbury, the lawyer representing the blogger, accused Cohen of simply trying to attract publicity, not repair her reputation, since the blog was not widely known until she attempted legal action.
Cohen told 'Good Morning America' on Wednesday that the blogger was a former acquaintance. She said, "Thank God it was her... she's an irrelevant person in my life. She's just somebody that, whenever I would go out to a restaurant, to a party in New York City ... she was just that girl that was always there." Cohen went on to tell Diane Sawyer that she called the blogger and said, "I just want you to know that if I've ever done anything to you to actually deserve this then I'm really very sorry. I'm sincerely apologetic." The model told the New York Post that the blogger was a bit tongue-tied during the call, responding with "Um, um, um," after being confronted. While Cohen still plans to sue, she may reconsider if the blogger offers an apology.
This is a case that many, especially privacy experts, will be watching closely, now that Google has been ordered to divulge the identity of a customer. If simply calling Cohen a "skank" online is ruled to be defamation, it may open the door for more litigation against the hordes on Facebook, Twitter, and the like who loudly hurl insults at celebrities and one another. In fact, if simply calling someone a name on the Internet is grounds for legal action, some of the commenters on this site are guilty of defamation. But don't worry, we won't be taking legal action against you, no matter how many times you call us stupid, ignorant, or things that we can't repeat. [From: Telegraph, NY Post, ABC News, and CNN]
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Comments
242
Subscribe to commentskersplat214Sep 24th 2009 8:39AM
Getting online and calling someone a skank isn't (and shouldn't be) against the law. Everyone is entitled to their opinion and the First Ammendment guarantees us that right. Slander and defamation laws are intended to prevent damaging lies from harming a person's career or business. If this blogger had gotten online and said, "This model has been sleeping with my husband for the past six months and I want everyone to know," that would be slander. To get online and say, "I think this girl is a skank," is in bad taste and very hurtful, but not against the law. It's unfortunate that two adults can't act like two adults and rectify the situation by coming to a compromise instead of putting a further unnecessary burden on an already overtaxed legal system. The blogger has taken the site down, so what legal recourse is there? Oh, wait, she wants MONEY. What a shock.
liskulaSep 24th 2009 10:14AM
See what happens when you don't actually write the "facts" Mr O'Brien... Now all these readers are making assumptions based on your story, alone. Yes there were many lies and photos on the blog. And clearly any judge would insist on proof that the statements were defamatory and stated as fact. Otherwise there would have been no cause of action.
So instead of making comments about blog/ blogger or the person blogged about, why don't you people demand that your writer tell the whole truth, so you are not walking around ill informed. This is part of the problem with free on line publishing. Writers on the internet do not do any research, they have no fact checkers, they are not viewing public document, they get their "news and facts" from non reliable sources. They just spread more bs... Its a shame that they dont feel the need or responsibility to know and tell the whole truth, the whole story. Is this how easy their job is? Do they get paid for this? Any fourth grader could have written the article above, maybe we should all just assume that's who all of these "writers" are. Fourth grade students that cannot get hired by an actual news paper? I don't know...
But here is an example of what is clearly defamatory on line...
" Jane Doe is a prostitute".
here is an example of what is not deemed defamatory...
" Jane is skanky". Can you all see the point, the difference?
I hate to dum down the issue but people be aware that swtched, dlisted, perez hilton, the inquirer...etc.. are not reliable news sources... The truth is out there. You all wouldn't just read any book on the shelf, now would you?