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Posted: 10:00 p.m. Wednesday, Sept. 19, 2012
By Jessica Heffner
Staff Writer
SPRINGFIELD —
A local mother has asked a judge to have a website taken down that contains disparaging remarks about the mother and her 14-year-old daughter.
The lawsuit was filed in Clark County Common Pleas Court last week. The website is a blog post on Google’s Blogger site that was posted in December 2011. Paul Kavanagh, the attorney representing the Clark County girl and her mother, said it’s unknown who wrote the blog, which is why the lawsuit has been filed against John Doe for the time being.
Under Blogger’s content policy, it stated the authors of the blogs are responsible for their content.
“It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression,” the site said.
A subpoena was issued Tuesday to Google in California to compel the company to release the identity of the author or take down the website. Kavanagh said his client is a straight-A student and the statements made on the site are degrading and false. Therefore, he said, they are considered defamation and not protected under freedom of speech.
“I just think this has to happen very frequently and people think, ‘well what do you do?’” Kavanagh said. “Essentially anyone can write a blog and there’s not much you can do to take it down.”
The blog isn’t only visible on the Blogger website. After typing the client’s name in a search engine, the blog automatically becomes one of the top choices. The site has been viewed 109 times, according to the blog counter.
A mandatory affirmative injunction has been filed ordering the statements be removed or the blog taken down. The family is also asking for $14,000 in damages.
Calls to Google were not returned. Kavanagh said the company still has several weeks to respond to the subpoena.
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