--- Date: Mon, 21 Apr 2003 19:39:14 -0400 From: "Paul Levy" <PLEVYat_private> To: <declanat_private> Subject: Attempt to suppress web site about sexual abuse at New Jersey choir school I want to call your attention to the latest attack on Internet free speech. The case stems from a lawsuit in New Jersey state court against the American Boychoir School in Princeton, in which the plaintiff, John Hardwicke, a Maryland resident, claims he was sexually abused while at the school. A trial judge dismissed that claim holding that the school had charitable immunity from suit. While pursuing an appeal from that decision, Hardwicke has created a website with the URL www.americanboyschoir.com in which he discusses the allegations of sexual abuse. Not content with suppressing Hardwicke's lawsuit on the ground that a charity cannot be sued, the school is now trying to suppress his public criticisms altogether, claiming that the charity's own name cannot be used to criticize it and that Hardwicke is forbidden to communicate with families of current students who might have current information about child sexual abuse at the school or a current interest in stopping such practices. It has filed a lawsuit in New Jersey state court claiming that the Hardwicke's domain name interferes with its trademark by misleading people who are looking for its website, www.americanboychoir.org. Additionally, the school claims that he interfered with its contractual relationship with the parents of their students by sending them an e-mail about the same subject. Interestingly, although the school makes liberal use of words like "misleading" and "inaccurate" and "mischaracterize," and complains bitterly that the web site will hurt its reputation, the school is very careful not allege that anything on the web site is false, or to plead a libel claim in its complaint. This is undoubtedly a tactical decision, because the school knows that if it sued for libel, Hardwicke could take discovery on the very allegations of sexual abuse that would have been at issue in his tort suit. That may not be enough to avoid discovery, though, unless it eliminates all references to alleged "inaccuracy" The Boychoir school originally sent the complaint to Hardwicke only by email, using a format that he could not open, but asking for a temporary restraining order requiring Hardwicke to take down the web site until the case was over. Hardwicke, defending himself pro se, was able to stave off the TRO except for requiring Hardwicke to take a few sentences off his web site which disclosed a report by a state agency that was adverse to the school, and which New Jersey law required be kept confidential (whether that law can prevent members of the public from discussing the report is yet another issue in the case). Meanwhile, the school is seeking a preliminary injunction requiring Hardwicke to take down his web site, as well as various claims of damages. Hardwicke is trying to find a lawyer to file responsive papers which are due this coming Friday. We are taking a careful look at the case ourselves, although obviously we would have to find a New Jersey lawyer who is able to take the case pro bono along with us. Paul Alan Levy Public Citizen Litigation Group 1600 - 20th Street, N.W. Washington, D.C. 20009 (202) 588-1000 http://www.citizen.org/litigation/litigation.html ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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