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Monday, November 21, 2005

From FASTCASE


here

"Gripe Sites" – Free Speech, or Defamation?
A New York trial court recently held that a New Jersey man's "gripe site" – alleging that his car insurance company was "blatantly dishonest", "running scams", and "committing fraud on a grand scale" – was protected speech and does not constitute libel. The man's website, which makes negative comments about the car service industry, the auto insurance industry and New Jersey judges, was created in reaction to an earlier court decision, in which the man, Ronald DiGiovanni, brought a small actions claim against Penn Warranty. The two sides settled for $2,500 and DiGiovanni proceeded to post www.pennwarrantylitigation.com on the web, airing his grievances. In a case of first impression in New York, the court held that DiGiovanni's comments were the protected speech of a disgruntled consumer, and statements of his personal opinion.

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