Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 17 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL) Apr 27 Outfront Conference (NYC) May 12 OMMA Mobile (NYC) May 13 Digital Out-of-Home Awards (NYC) Jun 15 OMMA Video Jun 16 OMMA Publish (NYC) Jun 17 OMMA Social (NYC)
Recently Concluded Events
Jan 26 OMMA Social (San Francisco) Jan 25 OMMA Performance (SF) Jan 12 MEDIA Agency of the Year 2009 (NYC) Jan 11 OMMA Agency of the Year 2009 (NYC) Dec 6 Email Insider Summit (Utah) Dec 2 Search Insider Summit (Utah) Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 Digital Out-of-Home Awards
2010 MEDIA Agency of the Year 2009 2010 OMMA Agency of the Year 2009 2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Judge Rules That Model Has The Right To Learn 'Skank' Blogger's Identity
by Wendy Davis, Monday, August 17, 2009, 3:12 PM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Legal, Blogging

MOST READ

Skanks in NYC blog

Vogue cover model Liskula Cohen is entitled to learn the identity of the person who slammed her on the blog Skanks In NYC, a judge in New York ruled Monday.

Judge Joan Madden agreed with Cohen that the blog, which referred to Cohen as a "skank," potentially defamed her.

"The thrust of the blog is that petitioner is a sexually promiscuous woman," Madden wrote, rejecting the blogger's argument that the comments were mere opinion and hyperbole.

The entire blog consisted of five entries, all made Aug. 21 2008, and was devoted to trashing Cohen. "I would have to say that the first place award for 'Skankiest in NYC' would have to go to Liskula Gentile Cohen," stated one post, which goes on to call her a "psychotic, lying, whoring ... skank."

In March, the person behind the blog took it down following settlement negotiations.

Cohen filed papers in January asking the court to order Google, which hosted the blog, to identify the author. At the time, Madden ordered Google to notify the blogger so that he or she could retain counsel and object to being unmasked.

A lawyer for the blogger subsequently appeared in the case and asked Madden to reject the request to identify the author. The attorney argued that the blog was not defamatory because it expressed opinions, not facts. Only factual assertions can be libelous.

But Madden found that use of the terms "skank," "skanky," "ho" and "whoring" possibly defamed Cohen because they appeared in captions near photos of the model in provocative poses. "Under these circumstances," Madden wrote, the words combined with the suggestive photos "carry a negative implication of sexual promiscuity."

Madden also rejected the blogger's contention that the words were vague insults. "In the context of this specific blog, such words cannot be reasonably viewed as comparable in meaning and usage to the word 'jerk' or any other loose and vague insult," Madden held. Cohen, Madden wrote, "has sufficiently established the merits of her proposed cause of action for defamation" and is therefore entitled to learn the blogger's identity.

In general, people have a First Amendment right to speak anonymously, but there are exceptions for libel. Sam Bayard, assistant director of the digital rights group Citizen Media Law Project, said that this particular blog might have crossed the line from protected speech to libel. "I think it's really close," he said. But, he added, the comments combined with the photos might be enough to constitute defamation. "It's probably the right call at this stage of the lawsuit."

A spokeperson for the blogger's lawyers said they are still analyzing their options.

 

25 people recommend this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
Cable Company Sued For Working With NebuAd    
Alabama resident Samuel Green has filed a second lawsuit against the Washington Post Company's Cable One...
Google Buzz Rolls Out Sharing Features To Gmail And Mobile Platforms   
Google made another bid Tuesday to master social media. The Mountain View, Calif. company will turn...
Ecommerce Spending Declined For The First Year Ever In 2009   
Thanks to the ongoing recession, 2009 will go down as the first negative growth year in...
Duly Noted: Morningstar Acquires Finance Blog Footnoted   
Independent investment researcher Morningstar on Tuesday announced the acquisition of financial blog Footnoted. The acquisition includes...
RIAA Takes Hard Line Against File-Sharer Who Is Asking Judge To Reduce $675,000 In Damages   
The record labels are arguing that grad student Joel Tenenbaum's request that the judge reduce a...
Offerpal Adds New Way To Earn Virtual Currency   
Online offers network Offerpal Media is putting users to work to earn virtual currency for...
DBG Boosts Analytics With Datran Media's Aperture    
Video network Digital Broadcasting Group has integrated Datran Media's Aperture digital audience measurement technology across its...
Facebook Dumps Microsoft Display, But Bing Is In   
Following a renegotiation of an existing ad placement partnership, Facebook will no longer run Microsoft display...
Armchair CDs Speak Out On Super Bowl Spots   
Twitter and social media have become the water coolers, spitting out data on ads during Super...
Social Media Platform Aims To Separate Signals From The Noise   
Networked Insights plans to announce this week several features in its SocialSense platform that should give...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2010 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com