Bengals Cheerleader Lawsuit Sets New Legal Precedents for the Wild, Wild, Web

Sarah Jones is a former Bengals cheerleader.
Image: Erik Eckel / Flickr

In many ways, particularly from a legal standpoint, much of the Internet is still relatively uncharted territory. It’s the final frontier in personal expression in which laws and regulations have yet to be fully streamlined. Countless websites make profits by posting libelous content; from gossip-mongering smear sites to “Revenge Porn,” the courts are finally working hard to catch up to the new legal issues that the Internet and its billions of users are perpetuating.  

In a landmark case decided upon last year, former Bengals cheerleader Sarah Jones won a federal defamation lawsuit against gossip the site TheDirty.com, which posted slanderous images and content about Jones’ sexuality and personal life. According to presiding Judge William Bertelsman, TheDirty.com was not shielded by the Communications Decency Act of 1996, in this case. Jones won the suit in a $338,000 settlement with help from a unanimous jury in the somewhat precedent-setting case, which is now currently being appealed by TheDirty.com.

Explains prominent legal analyst Kendall Coffey, “This case could be a powerhouse depending on where it goes from here,” of the ways in which this case could deeply affect freedom of expression on the Internet. “The judge thought there were some distinctive facts that’s saying basically the Internet Publisher [TheDirty.com founder Nik Richie] was in a way, complicity, encouraged, and incited by these kind of attacks. We’ve got to watch this one closely because this could really have a transformational effect on the way comments are being posted and the way Internet publishers are allowing or disallowing them.” In regards to Sarah Jones v. TheDirty.com, Richie’s involvement in the defamation of Ms. Jones extended beyond just posting slanderous information about her to the posting of his personal comments about the content. By commenting on the content, he deeply incriminated himself, which was a huge factor in his loss of the lawsuit last year. 

As Richie appeals the court’s decision on behalf of his gossip website, the Internet’s most influential networks wait for what could be a landmark decision pertaining to freedom of expression online. This case represents uncharted territory, and what comes next will be incredibly important. Learn more about the developing story at USA Today.