Q: I am writing today for guidance regarding my rights as a blogger. I am the author of a cosmetics complaints blog and creator and one of the admins of the complaints Facebook Page.
The blog and page initially were started in an effort to obtain a refund from a cosmetics company due to sanitation questions. The company also had a recall in December of last year. The blog and page have slowly become more of a reporting conduit for the business practices of the company, as well as other safety issues as they relate to indie cosmetics.
Recently the company asked me to work with them to get information out about the refund process for recalls/unshipped items because they were attempting to relaunch after disappearing for a few months. I complied, but also continued to post about other issues involving the company, as well as other safety issues for other companies. The relaunch has not gone well and the company has failed to follow up with commitments regarding the refund process (keeping me advised of how it is going so I could continue to post and inform people due refunds).
I write the blog under a pseudonym for my last name. Late last night the owner of the company posted my name, age, address, and telephone number (the information is not current) and stated that she would continue to release information about my employment, other addresses and living family members until her demands were met. Her demand is that the blog and page be taken down.
She has previously stated she would send C&D’s and file defamation suits against myself and the other admins of the page. She has never pursued that, but is once again gearing up to attempt to pursue it.
I need assistance in knowing my rights to privacy and to guard against this threat. I will not be taking the page or blog down.
Any guidance you could provide would be most appreciated.
A: Your message below raises serious issues with respect to the unwanted dissemination of personally identifying information as well as defamation liability based on blogging or otherwise publishing content on-line.
Very generally speaking, the First Amendment provides fairly broad protection for the dissemination of truthful information that was lawfully obtained.
As you point out, however, dissemination of even truthful information can sometimes implicate privacy rights. Unfortunately, any analysis of this particular situation would be highly fact-intensive and would likely involve expertise in your state’s law and is therefore beyond the scope of what we can provide through this service.
You may, however, want to consider contacting the Online Media Legal Network (http://www.omln.org/), which may be able to provide either direct assistance or point you to other possible resources. You may also be able to find legal assistance through one of the resources for your state listed on the American Bar Association web site at http://apps.americanbar.org/legalservices/findlegalhelp/main.cfm?id=OK.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.