Amazing assault on a hyperlink
We read:
"Last year, Jennifer Reisinger, a Web developer from Sheboygan, Wisconsin, received a letter from the city. It demanded that she cease and desist the publication of a hyperlink on her web site pointing to the home page for the Sheboygan Police Department.
Reisinger used the website in question - Brat City Web Design, so named in honor of the Bratwurst sausage that has brought Sheboygan fame - for her web design business, and it contained links to several other public agencies besides the police department. The cease-and-desist letter did not mention any of the other links besides the one for the police department, and Reisinger promptly removed the link from her site.
After she received a call from the Sheboygan Police informing her of a police investigation into the link's presence on her site, however, Reisinger retained an attorney, who advised her to reinstate the link immediately. The lawyer, Paul Bucher, also fired off letters to the city's mayor, police chief, and city attorney requesting documentation related to the affair, and a description of the legal basis the city felt it had in demanding the removal of the link.
The following day, the city informed Reisinger that it would refrain from pursuing any legal action against her, and the mayor apologized for the whole affair in a letter to the editor of the town's newspaper.
But that wasn't the end of the story. Last month, Reisinger filed a federal lawsuit alleging that the city, particularly the mayor, Juan Perez, sent the cease-and-desist letter in retaliation for her participation in a mayoral recall campaign. Her complaint requests a judicial declaration that the city violated her First Amendment rights, as well as $250,000 and punitive damages to be determined by a jury.
Source
Come to think of it, treating the police website as equivalent to a porno site might have some merit
8 comments:
She should have had links to gay pick-up sites, in which case she would have been protected.
Certainly the woman has a right to link to the police site. I have no idea what they were thinking when they sent the cease and desist letter.
However, wanting $250,000 plus punative damages for the letter is beyond the scope that any rational human being could imagine.
If she paid for the attorney's initial advice, re-imburse her for that and move on.
No, punish the city for trying to silence her and then launching an investigation. City officials should have a bit of financial hardship to remind them not to abuse their powers in such a manner.
While I sympathise with Mike's position (that abuse of official power is the greatest threat to individual freedoms is clear and it must be protected at all costs - including sending a painful jab from time to time in the form of damages for abuse) my initial feeling is more in line with Anon 2.
I agree with the $200,000 request for punitive damages is an abuse of the legal system. If she wins her case, sh should be awarded enough money to pay for the cost and time spent on her legal defense so that it neither costs nor gains her nothing in the end.
Isn't the point for her to be able to continue to link to the site, not live on Easy Street?
This was clearly a case of "the state" trying to silence her for political reasons. They should be made to pay, and pay big time! She should have sued for $5 Million!
No, punish the city for trying to silence her and then launching an investigation.
According to the city, the "investigation" was not into her, but rather the policeman who told her it was acceptable to do so. The reason for the investigation is that police are not supposed to give legal advice into civil matters.
City officials should have a bit of financial hardship to remind them not to abuse their powers in such a manner.
Where do you think that money is going to come from? The pockets of the mayor? No, it is going to come from the citizens in the town - the average Joe on the street.
As with everything, there are two sides to this story. Reisinger claims that she received death threats and that her business suffered after the story appeared in the local paper. The city claims that she made the media circus herself.
Who knows?
It is a shame that people just can't say "damn, that was a mistake" anymore without the threat of suits and lawyers getting involved.
No, punish the city for trying to silence her and then launching an investigation.
According to the city, the "investigation" was not into her, but rather the policeman who told her it was acceptable to do so. The reason for the investigation is that police are not supposed to give legal advice into civil matters.
City officials should have a bit of financial hardship to remind them not to abuse their powers in such a manner.
Where do you think that money is going to come from? The pockets of the mayor? No, it is going to come from the citizens in the town - the average Joe on the street.
As with everything, there are two sides to this story. Reisinger claims that she received death threats and that her business suffered after the story appeared in the local paper. The city claims that she made the media circus herself.
Who knows?
It is a shame that people just can't say "damn, that was a mistake" anymore without the threat of suits and lawyers getting involved.
Post a Comment