Posts Tagged ‘illinois’

Pippen’s Self-Affirmation Lawsuit is Over

Wednesday, October 10th, 2012

(Photo from Scottie Pippen's Facebook page. Used without permission.)

A federal court in Illinois has dismissed a defamation case brought by Scottie Pippen against various websites for saying he was broke. The reason Pippen lost is because he failed to allege the actual malice hurdle required by the First Amendment for defamation cases brought by public figures.

This looks less like a win for the defendants and more like a withdrawal by Pippen. I’m not sure why Pippen couldn’t have kept going with this lawsuit – at least for a little while – by amending his complaint.

My guess is that Pippen probably had a lousy case he wasn’t going to win. So that begs the question, why did he file in the first place? Well, I think this is probably a typical celebrity-blowing-off-steam lawsuit. Throwing the lawyers around makes the celeb feel good and provides a way to try to blunt bad press with the news that the celeb is going to court. But, in this pattern, the case doesn’t go anywhere. The celeb  just gives up after a little while. It’s kind of an obnoxious use of the judicial system.

Ready to roll your eyes? Here’s the first paragraph of Pippen’s complaint:

It is a most foul libel indeed to be falsely accused of being bankrupt.

Oh, for crying out loud. Then look at the next paragraph:

That is what happened to Scottie, and the malicious libel was disseminated across the nation by the media.

Ooooh. I love the arm-over-shoulder cooing of his first name.

Then comes the third paragraph. It’s over 900 words and reads like a Wikipedia entry about Pippen that was written by his publicist. It starts by saying where he was born and then goes through his whole career, bestowing one accolade on the Pippen after another.

Then, at the end of the complaint, there is a prayer for relief asking for $1 million from each defendant.

Sometimes a complaint isn’t written for the court so much as it’s written for the media – what is sometimes called a “press release complaint.” Those are bad enough. But Pippen’s complaint appears to be the kind that is actually written for the client. Ugh. It’s lawyer-mediated self-affirmation. And it’s a colossal waste of time. Courts ought to feel more comfortable sanctioning this kind of thing.

At any rate, Pippen proved one thing in countering rumors of his insolvency: He at least has enough money that he can waste bags of it on a pointless lawsuit.

From a legal angle, the lawsuit is well-summed-up in the court’s minute order:

MINUTE entry before Honorable Sharon Johnson Coleman: In its order of 8/02/2012, the court dismissed plaintiff’s complaint, but allowed him to seek leave to file a complaint that made allegations that were legally sufficient under constitutional and defamation principles. The complaint that plaintiff now seeks leave to file alleges with more detail the recklessness of defendants’ publications regarding his financial status. However, as the court has observed, the malice required to establish liability for defamation of a public figure such as famed and well-respected athlete Scottie Pippen is greater than the mere failure to investigate, no matter how allegedly egregious that failure may be. The court concludes that plaintiff’s proposed amended complaint cannot be considered a sufficient allegation of defamation against a public figure. Plaintiff’s motion for leave to file that amended complaint is accordingly denied, and this action is dismissed with prejudice. Plaintiff’s motion for partial summary judgment is denied. Civil case terminated.

Some case documents for your reference:

  • Minute Order of September 26, 2012 dismissing lawsuit [pdf]
  • ORDER of August 2, 2012 granting motion to dismiss [pdf]
  • ARIZONA BOARD OF REGENTS’ INDEPENDENT MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT[pdf]>
  • COMPLAINT [pdf]

The Full Order from Johns-Byrne v. TechnoBuffalo, Plus Excerpts

Tuesday, July 17th, 2012

Updating today’s earlier post, I have now posted the order [pdf] from Johns-Byrne v. TechnoBuffalo, in which the court denied Johns-Byrne’s attempt to find the identity of TechnoBuffalo’s tipster.

Also, here are some more excerpts from the opinion.

More to my point that the judge was not a fan of TechnoBuffalo, thus indicating that the decision in TechnoBuffalo’s favor wasn’t results-driven judging:

Reviewing the [TechnoBuffalo] website is disconcerting. The website makes it clear that TechnoBuffalo is inviting conduct which may or may not be legal and is very likely actionable. They solicit employees of tech companies to be “super secret ninjas” to “discover something top secret in your store’s inventory” and handover “inside information” to TechnoBuffalo who then disseminates it for their own purposes and who will “take your name to the grave.”

And more:

These solicitations are particularly detrimental to the intellectual property industry so reliant upon employee confidentiality and so sensitive to how and when their new concepts are disclosed. … Unlike other famous secrets whose sources were protected in order to inform citizens of government corruption and public misconduct, the sole purpose of the TechnoBuffalo solicitation is to promote TechnoBuffalo, without a second thought as to what harm it may cause lawful and productive companies whose stolen information it leaks.

By the way, I do not buy that these solicitations are detrimental to the industry. Also, I don’t think it is accurate to say that Motorola is in “the intellectual property industry.” Moreover, an “intellectual property industry,” as such, tends not to be heavily reliant on employee confidentiality precisely because of intellectual property laws. Much of this line of argument comes from distorted ideas of what constitutes a “trade secret.” But, anyway, it goes to show that this decision was made on the law, not, as we say in the lawyering business, the “atmospherics.”

One more excerpt, in which we see what the court made of Johns-Byrne’s argument that what TechnoBuffalo peddles is not news but “hype”:

JBC asserts that the content of the article at issue, or moreover, any of the content posted on the TechnoBuffalo website, does not amount to legitimate news but is rather mere “commercial hype” and “entertainment.” However, these concepts or terms of art are nowhere to be found in the Illinois Act. The Act nowhere states that certain content is news and other content, like the “hype” or “entertainment” asserted by JBS, is not news. The content of the “news” simply is not discussed and is not a factor in determining the application of the privilege under the current language of the Act. … TechnoBuffalo’s article falls under the broad, plain meaning of “news.” Therefore, JBC’s attempt to distinguish “hype” from actual news is unavailing.

Previous posts:

Big Win for Bloggers: TechnoBuffalo Court Victory Shields Source of Leaked Photos

Tuesday, July 17th, 2012

stylized "B" logoJon Rettinger, the founder and editor of gadget blog TechnoBuffalo, e-mailed me to let me know that they have won in their attempt to shield the source of leaked images of a yet-to-be-released cell phone.

Judge Michael R. Panter of the Cook County Circuit Court granted TechnoBuffalo’s motion for reconsideration, thus denying plaintiff Johns-Byrne Company, a commercial printer who made the packaging for the phones, the ability to find who in their company leaked the photos.

This is a substantial legal victory for the blogosphere, because it puts blogs on a potentially equal footing with mainstream news media when it comes to the special legal privileges that allow journalists to keep sources anonymous.

Whether blogging will inherit the privileged legal status of the traditional news media is, in my mind, the biggest question in blog law. This case strongly suggests the answer should be “yes.”

The key issue in applying the Illinois law was whether a blog would count as a “news medium.” Judge Panter decided it did, applying the law straightforwardly:

The issue of whether a blog/news site such as TechnoBuffalo is to be treated as a “news medium” is novel and has seldom been dealt with by other states containing shield laws. … “News” is defined by wwww.merriam-webster.com as “a report of recent events” and “previously unknown information.” Similarly Dictinary.com [sic] defines “news” as “a report of recent events.” Under the ordinary meaning of “news,” the article at issue presented a report on recent events, namely the upcoming release of a new Motorola smartphone. It also supplied previously unknown information. As such, TechnoBuffalo’s article falls under the broad, plain meaning of “news.” … In sum, withing the present definitions under the Act, this Court must find TechnoBuffalo is a news medium, its employees are reporters, including the employee who wrote the article at issue, and TechnoBuffalo is protected by the Illinois reporter’s privilege.

I applaud Judge Panter’s decision not only because it was, in my judgment, the right one, but even more so because it wasn’t results-driven jurisprudence. Judge Panter made it clear was was not love-struck with the scoop-savvy blog, which solicits anonymous tipsters:

Encouraging and enabling people to violate relationships of trust with their employers and to steal proprietary information may be odious. It may weaken the very industry that TechnoBuffalo depends upon. It may itself be actionable under the statutes and authorities JBC cites. However, as of this writing, it cannot be excluded from the extremely broad protection of the journalistic privilege.

That’s an excellent example of good judging.

Previous posts:

Update on Johns-Byrne Co. v. TechnoBuffalo

Tuesday, May 22nd, 2012

TechnoBuffalo logo and headshot of CEO Jon Rettinger

In the case of Johns-Bryne Co. v. TechnoBuffalo, a commercial printer is suing a venerable gadget blog to find out who leaked photos of some new cell phone packaging the printer was producing for Motorola. When I last blogged about this in January, an Illinois state trial-level court had just rebuffed TechnoBuffalo’s attempt to use Illinois’s reporter’s privilege law to prevent having to turn over information about the leak. The court said TechnoBuffalo wasn’t a “news medium,” and its bloggers aren’t “reporters.” TechnoBuffalo turned around and asked the court to reconsider the ruling and vowed to appeal if necessary.

I contacted TechnoBuffalo’s CEO Jon Rettinger (heroic Twitter profile pic above left) to ask for an update. We talked on the phone. I was impressed with his sense of conviction – he is working hard to protect the blog’s source.

The motion for reconsideration is, at this point, still pending. On reconsideration, TechnoBuffalo has sought to put more support behind the notion that blogs are real news outlets. To beef-up bloggery bona-fides, TechnoBuffalo pointed out that a blog (HuffPo) recently won a Pulitzer. They also pointed out that TechnoBuffalo is syndicated word-for-word on more traditional news outlets, such as Business Insider, and that TechnoBuffalo bloggers are commonly tapped to make appearances on the cable news channels.

This will continue to be an interesting case to watch as it gets right at the heart of the matter the most salient question of blog law: To what extent the law will blogging inherit the privileged legal status of heritage journalism?

Illinois Court Rules TechnoBuffalo Blog Not Covered by Shield Law

Monday, January 23rd, 2012

Photo of shiny booklet with text, logo, and photo of phone
A leaked image published by TechnoBuffalo.

A state court in Illinois has ruled that gadget blog TechnoBuffalo is not covered by the Illinois shield law. Chris Healy of the Reporters Committee for Freedom of the Press reports on the decision.

In August of last year, TechnoBuffalo published photos of an instruction manual for a yet-to-hit-stores Motorola Droid smartphone. The photos came to the blog by way of an “anonymous tipster.”

The Johns-Bryne Company, the printers hired to reproduce the material for Motorola, sued the blog to learn the identity of the leak, and the blog claimed the protection of Illinois’s reporter’s privilege law. The court, however, read the statute in a restrictive way, saying that TechnoBuffalo does not qualify as a “news medium” and its bloggers are not “reporters,” thus making the law inapplicable.

TechnoBuffalo has asked the court to reconsider and has vowed to appeal.

Judge Posner Worried By Mic-Wielding Bloggers

Tuesday, September 27th, 2011

Hon. Richard A. Posner (Photo: U. Chicago)

Illinois has an eavesdropping and wiretapping statute that prohibits making an audio recording of any conversation without the consent of all persons involved. This applies not only over the phone or in a private place, but even in a public place. And even when the conversation is with public officials concerning a matter of public concern. Violations can be prosecuted as felonies, and civil suits are authorized as well.

If you don’t think that sounds constitutional, I’m inclined to agree. And so is the ACLU, who is suing on behalf of several people arrested for secretly recording on-duty police officers. The civil liberties group is challenging the law in ACLU v. Alvarez.

On appeal to the federal Seventh Circuit, the ACLU faced questioning by a panel that included America’s most famous federal circuit judge, the Hon. Richard A. Posner. His questioning was alarming. Just 14 words into his argument, ACLU lawyer Richard O’Brien was interrupted with this:

“Yeah, I know … But I’m not interested, really, in what you want to do with these recordings of peoples’ encounters with the police.”

Huh? Really? Ferreting out public corruption, abuse of power, obstruction of justice by those charged to guard it – all that sounds interesting to me.

Posner proceeded to worry about how striking down the law could aid snooping bloggers:

“Once all this stuff can be recorded, there’s going to be a lot more of this snooping around by reporters and bloggers.”

“Is that a bad thing, your honor?”

“Yes, it is a bad thing. There is such a thing as privacy.”

Such a thing as privacy for on-duty police officers? Even when they are in public or interacting with civilians? Gosh, I can’t get behind that.

Justin Silverman at CMLP has an extremely thoughtful post on the matter. He writes, “Posner’s apparent belief that there should be an expectation of privacy for those in public areas discussing matters of public concern is alarming given that it is squarely at odds with the First Amendment. Worse, Posner’s comments smack of condescension for journalists.”

Jonathan Turley also is taken aback. He writes on his blog, “What astonishes me is that government officials are pushing this effort to block this basic right of citizens and perhaps the single most important form of evidence against police abuse. … As someone who admires Posner’s contributions to the law, it is disappointing to read such biased and dismissive comments in a free speech case. For police wondering ‘who will rid us of these meddling citizens?,’ they appear to have one jurist in Illinois not just ready but eager to step forward.”

Unfortunately, the facts of the case show that Turley’s comment is not the hyperbole you wish it were. The story told by one of the plaintiffs in the suit, Tiawanda Moore, is terrifying: She was groped in her home by a Chicago police officer who had responded to a domestic disturbance call. Moore was brave enough to take the issue to internal affairs. But they tried to deflect her complaint and sought to dissuade her from pursuing the matter. In the interests of protecting herself, she began to secretly record her conversations with investigators on her Blackberry.

When the recordings came to light, Moore was arrested and charged with violation of Illinois’s eavesdropping statute. Sadly, prosecutors took the case to trial. But in a strong affirmation of the role of civilian jurors, the jury acquitted her of the charge.

Just a few weeks ago, the First Circuit ruled that there is a constitutional right to record police actions in public places. Hopefully the Seventh Circuit will follow the lead and clear the way for snooping bloggers and sexually harassed citizens alike to be free to record the police in the City of Big Shoulders.

More:

Illinois Mayor: Bloggers are Terrorists, Creating History’s Greatest First Amendment Crisis

Tuesday, September 28th, 2010

Explosion on keypad of laptop computerJoseph Werner, mayor of Mokena, Illinois, has compared bloggers attacking local officials to terrorists who fly planes into buildings, killing innocent people. Further, Werner believes blogs have given rise to the greatest First Amendment crisis in this country’s history.

That’s according to Phil Kadner of Chicago Sun-Times’ suburban label SouthtownStar:

“They’re no different in my mind than the kind of person who takes an American plane with Americans on it and flies it into an American building and says I did it for a cause,” Werner said at a village board meeting, as quoted by Kadner in the SouthtownStar.

Given a chance to back off of those comments, Werner wouldn’t. He did clarify that he doesn’t have a problem with bloggers in general, just with those who hide their identities.

“They want to be anonymous. That’s cowardly,” Werner told Kadner. “Just like terrorists, they don’t care if they destroy innocent people, and maybe they’re not killing anyone, but they’re destroying reputations.”

Chicago Police Officer Under Investigation for Blog Post Criticizing Department

Thursday, August 26th, 2010

Lt. Andrews riding (from Andrews' blog, photo by killboy.com)

Chicago police Lt. John Andrews is under investigation by Internal Affairs after he posted A City at War With Itself: Chicago – Fast Tracking To Anarchy … on his motorcycle-themed blog The Adventures of a Highway Road Runner.

In the post, Andrews talks about the CPD’s low morale and lack of staffing and leadership. He also criticizes the promotion of a police officer. This seems to be the particular passage that caused the most consternation:

A recent example of alleged political corruption ties to top tier leadership in the Chicago Police Department.

While Superintendent Jody Weis recently appointed Lieutenant Anthony Carothers to Commander of the Englewood District, his appointment has been received by the rank & file with utter disdain. They and some city residents call the appointment of Carothers a true lack of ethical consideration by the Superintendent.

Interestingly, the newly appointed Commander Anthony Carothers is the brother of Isaac Carothers, the Chicago Alderman recently convicted on charges of public corruption in Federal Court. Ironically, their father, William Carothers, also served as a Chicago Alderman until his conviction on public corruption charges in 1983.

The Chicago Tribune quotes Professor Sheldon Nahmod of Chicago-Kent College of Law as saying that there is “a serious First Amendment issue here,” and that the law should shield Andrews from discipline as long as he is writing as a public citizen out of public concern and not just airing a personal gripe.

Nahmod said that Andrews “was griping about the morale of the Police Department in general, the support it’s getting from its supervisors, superiors and from politicians, and that’s not the same thing as a personal gripe,” in the Trib’s quote.

More: Neil Steinberg column in the Chicago Sun-Times: Fed-up cop rips ‘hacks’ running department.

Company Assisting Adult-Content Industry Sues Chicago College Student Over Anonymous Blog Posts

Thursday, June 3rd, 2010

Remove Your Content, LLC is suing a Chicago resident over blog posts. Remove Your Content, according to its complaint, “was formed to help combat copyright infringement and piracy on the internet. Plaintiff provides various services to its clients, such as searching for illegally uploaded content, sending Digital Millennium Copyright Act (DMCA) notices, and working with websites to remove the stolen content.”

The specialty of Remove Your Content is working with adult entertainment industry clients who believe their content is being hosted on other persons’ websites. The complaint accuses the Chicago-area college student of being behind anonymously authored websites such as removeyourcontentsucks.blogspot.com, which criticizes Remove Your Content and its owner, including with regard to the use of takedown notices.

The student denies he is behind the blogs, and he claims in motion papers that evidence coming out of the Rule 26(a) disclosure proves that he is not the individual responsible for the critical blogs.

Remove Your Content’s allegations are, according to the student, based on information gathered through subpoenas sent to Google, AT&T, and a university.

In addition to questions on the merits, there is also a jurisdictional question. Remove Your Content filed the lawsuit in its home state of Texas. The defendant avers that he has never traveled to Texas prior to the lawsuit.

[This post was revised in a few minor substantive ways after June 3, 2010. My policy is to eliminate typo-type problems on an ex-post basis without notation; but where I change things around more than that, just for the sake of good record-keeping, I make a note. – EEJ]