‘Skank’ Blogger Sues Google for $15M, Claims Violation of Her Right to Privacy

When we first reported on the Liskula Cohen defamation lawsuit (now popularly known as the “Skank Case”), we knew the case would have major ramifications for privacy and defamation law in the digital age. Now, it seems there is a new twist to the story. Rosemary Port, the blogger responsible for the alleged defamation, has filed her own lawsuit against Google, claiming that the company violated her right to privacy by releasing her identity to the public. Port hopes to win $15 million in damages, saying “I was put on a silver platter for the press to attack me. I would think that a multi-billion dollar conglomerate would protect the rights of all its users.”

Is there any merit to Port’s case? Possibly. According to Port’s attorney, Mr. Salvatore Strazzulo, the right to anonymous speech is a fundamental part of the history of the United States.

“I’m ready to take this all the way to the Supreme Court,” Strazzullo said. “Our Founding Fathers wrote ‘The Federalist Papers’ under pseudonyms. Inherent in the First Amendment is the right to speak anonymously. Shouldn’t that right extend to the new public square of the Internet?”

Strazzullo asks an interesting question. Should the right to speak anonymously extend to the Internet? The obvious answer is yes, and, for the most part, this is exactly what happens. Free speech is critical to the functioning of a sound democracy and ReputationDefender is proud to support First Amendment rights. However, as any attorney will tell you, not all speech is protected.

In ReputationDefender Blog’s analysis of the Cohen v. Google trial, we remarked that Cohen won the right to sue because “the use of terms like ‘psychotic,’ ‘lying,’ and ’skankiest in New York’ could be understood by a reasonable reader as factual allegations about Cohen’s character and sexual promiscuity.” In other words, defamation of character isn’t okay, even if it’s on a blog. Can Mr. Strazzulo prove otherwise? Only time will tell, but the results of this case will definitely play an important role in future court decisions.

For more information on the case, check out this article from the New York Daily News. As more details emerge, ReputationDefender Blog will be here to provide you with the insight and analysis you would expect from the Global Leaders in Online Reputation Management.

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