Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Sheboygan (WI) woman files landmark case over Web links (against police)
http://www.jsonline.com/story/index.aspx?id=786584 | August 24, 2008 | JOHN DIEDRICH

Posted on 08/24/2008 1:07:39 PM PDT by sbMKE

Can a city stop people from posting a link to its Web site?

That’s the question at the center of a federal lawsuit brought by a Sheboygan woman against the mayor and other officials there, in what appears to be a first-of-its-kind case, according to an Internet law expert.

Jennifer Reisinger says the Sheboygan city attorney ordered her to remove from her Web site a link to the city’s police department, in what she believes was retaliation for her support of recalling Mayor Juan Perez, according to the suit filed last week.

The city went further, the lawsuit claims, launching a criminal investigation of Reisinger for linking to the department on one of her sites.

The city’s actions torpedoed Reisinger’s Web site marketing business and led to death threats against her, according to the lawsuit.

“The mayor decided to use his office to get back at Jennifer for her efforts in the recall and picked this to do it,” said her attorney, Paul Bucher. “There is more than a mistake here. There have been repercussions.”

The mayor, City Attorney Stephen McLean, the police chief and city clerk are named as defendants in the lawsuit. Perez and McLean did not return calls for comment.

Reisinger alleges her First Amendment rights were violated by the city. She seeks $250,000 in compensatory damages, unspecified punitive damages and unspecified declaratory relief. First of its kind

Bruce Boyden, an assistant law professor at Marquette University who specializes in Internet law and copyright, called the case novel.

“If this goes all the way to trial and produces a decision, I believe this would be a first in United States,” he said.

Boyden said some companies require other Web sites to get permission to link to them, but he knew of no companies, much less a government body, that have tried to enforce violations of that condition if the links didn’t infringe on a copyright or trademark.

Boyden said not all speech is protected, including links. For instance, someone might use a link to communicate a threat or violate a copyright, and that wouldn’t be protected.

The lawsuit doesn’t show how Reisinger used the link to Sheboygan police or the city’s cease-and-desist order, but Boyden said it appeared from the lawsuit to be protected speech.

“Linking to the Web site is no different than listing the street address of the Sheboygan police department,” he said.

Bucher also said the case was a first as far as he knows.

“I have never heard that you can’t link to a government Web site that, by the way, is paid for with taxpayer money,” he said. War over a link

Reisinger ran several Web sites and also was active in an unsuccessful recall effort against the mayor. A recall site she created later showed a Fourth of July parade photograph of Perez with a U.S. flag that had been digitally replaced with a Mexican flag and the caption, “Power to illegals?”

Reisinger told a Journal Sentinel reporter in July 2006 she did not know who put up the altered photo because the Web site allowed anyone to upload to the site.

According to her lawsuit:

Separate from the recall, Reisinger ran the Brat City Web Design site, which featured several links, including one to the Sheboygan police department.

On Oct. 18, 2007, the mayor’s secretary e-mailed McLean, the city attorney, asking if Reisinger could link to a city Web site. McLean answered, “Anyone can create a link to someone else’s Web site very easily without the knowledge or consent of the linked party.”

Nonetheless, McLean said he could issue a “cease and desist” order to Reisinger, and the mayor said to do it.

Reisinger said she felt intimidated by McLean’s letter and removed the link. Then a police lieutenant told Reisinger he was investigating her use of links to city government sites, the suit says.

That is when Reisinger hired Bucher, who told her to put the link back up. In November, the city withdrew its demand that Reisinger not link to city government sites.


TOPICS: Breaking News; Crime/Corruption; Culture/Society; Government; US: Wisconsin
KEYWORDS: abuseofpower; aliens; caseofthemissingd; cultureofcorruption; democrats; democratscandals; donutwatch; fascism; firstamendment; freespeech; govwatch; immigrantlist; internet; lp; police; speech; wisconsin
Navigation: use the links below to view more comments.
first previous 1-2021-4041-50 next last
To: sbMKE
The city’s actions torpedoed Reisinger’s Web site marketing business and led to death threats against her, according to the lawsuit....Reisinger alleges her First Amendment rights were violated by the city. She seeks $250,000 in compensatory damages...

All for linking to a website, paid for by her own tax dollars....

Libertarian ping! To be added or removed freepmail me or post a message here.
21 posted on 08/24/2008 3:01:45 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...
The city’s actions torpedoed Reisinger’s Web site marketing business and led to death threats against her, according to the lawsuit....Reisinger alleges her First Amendment rights were violated by the city. She seeks $250,000 in compensatory damages...

All for linking to a website, paid for by her own tax dollars....

Libertarian ping! To be added or removed freepmail me or post a message here.
22 posted on 08/24/2008 3:03:39 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sbMKE

Well, I’ll be... and to think this is all happening in the city in which I live.

I won’t post the city attorney’s contact info, because they could be knocking on MY door, but here’s the website to browse for lots of info about this fine city, starting with the city departments. There just might be a way to contact the city attorney somewhere in that website....

http://ci.sheboygan.wi.us/Departments.html


23 posted on 08/24/2008 3:12:23 PM PDT by Genesis defender
[ Post Reply | Private Reply | To 1 | View Replies]

To: Arkinsaw

“They should be glad I am not the judge. She wins, and those responsible for the city all go to classes on the Constitution.”

I think you missed sending them to jail for a while for exceeding their authority quite badly, before they go to the classes. I hereby volunteer to teach the class, if you’d like.


24 posted on 08/24/2008 3:17:25 PM PDT by Old Student (We have a name for the people who think indiscriminate killing is fine. They're called "The Bad Guys)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Arkinsaw

I was under the impression police can only issue LAWFUL orders like stop pooping in the street?


25 posted on 08/24/2008 3:26:40 PM PDT by omega4179 (KEEP the change!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: milford421; DAVEY CROCKETT; Calpernia

Ping.


26 posted on 08/24/2008 3:53:07 PM PDT by nw_arizona_granny ( http://www.freerepublic.com/focus/chat/1990507/posts?page=451 SURVIVAL, RECIPES, GARDENS, & INFO)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cothrige

I did a Google search for sheboygan police and the first site up was www.sheboyganpolice.com. Did the Police send a cease and desist to Google? “

Exactly. This is someone with a little power who thinks he’s above the rest of his community. Sounds a lot like my HOA. The board is disqualifying anyone as a member who even tries
to run against them. Retaliation is what small minds do best.


27 posted on 08/24/2008 4:44:33 PM PDT by AuntB ( "During times of universal deceit, telling the truth becomes a revolutionary act." - George Orwell)
[ Post Reply | Private Reply | To 10 | View Replies]

To: sbMKE

btt


28 posted on 08/24/2008 5:27:29 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
[ Post Reply | Private Reply | To 1 | View Replies]

To: sbMKE
Oregon: publishing our laws online is a copyright violation

(article from 04/16/2008)

The State of Oregon takes exception to Web sites that republish the state's Revised Statutes in full, claiming that the statutes contain copyrighted information in the republication causes the state to lose money it needs to continue putting out the official version of the statutes.

Oregon's Legislative Counsel, Dexter Johnson, has therefore requested that legal information site Justia remove the information or (preferably) take out a paid license from the state.

-snip-

29 posted on 08/24/2008 5:45:04 PM PDT by Ken H
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ken H

> Oregon: publishing our laws online is a copyright violation

What idiocy. If the government and its laws do not belong to the people, who do they belong to?

For the Oregon and Sheboygan cases, it is so obvious what is right that even the ultra lib ACLU would defend it.


30 posted on 08/25/2008 6:28:59 AM PDT by VictoryGal (Never give up, never surrender!)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Leftism is Mentally Deranged
When the police get mad and don’t know what to do, they do what they know best - arrest.

When the only tool you have is a hammer everything looks like a nail.
31 posted on 08/25/2008 8:00:01 AM PDT by contemplator (Capitalism gets no Rock Concerts)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Ken H
"The State of Oregon takes exception to Web sites that republish the state's Revised Statutes in full,..."

In the old days Lawyers used to subscribe to receive their law manuals in book form and they filled walls with libraries of books. More recently they subscribe to similar services which provide them the laws and updates in electronic format. Either way, it would appear that someone in the state was receiving some sort of payment for the right to sell these subscriptions. When private citizens post the laws on websites, they bypass the old system and the businesses that were charging for what should have been public domain now have competetion.

I have often wondered why it was so hard to find statutes and laws on-line. Now I think I see what the problem has been, no one gets paid that way. I had always figured that laws had to be public domain information since it is the responsibility of every citizen to know and understand the laws. As the old maxim goes 'ignorance of the law is no excuse'. That's fine as long as the information is freely available.

It's about time this sort of case came to light. As another Freeper pointed out, taxpayers already have to pay for the laws to be developed and they are already paying for the State websites, data storage etc.., they shouldnt have to pay again for the privilege of reading what they have already paid for.
32 posted on 08/25/2008 8:17:15 AM PDT by contemplator (Capitalism gets no Rock Concerts)
[ Post Reply | Private Reply | To 29 | View Replies]

To: sbMKE
“Then a police lieutenant told Reisinger he was investigating her use of links to city government sites, the suit says.”

They should go after this lieutenant and the mayor for abuse of office and intimidation. There should be criminal charges against them.

33 posted on 08/25/2008 9:50:36 AM PDT by monday
[ Post Reply | Private Reply | To 1 | View Replies]

To: mainestategop
Expect to see more of this happening if Obama gets elected.

What? The abuse of police power?

34 posted on 08/25/2008 9:50:57 AM PDT by unspun (Mike Huckabee: Government's job is "protect us, not have to provide for us.")
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gondring
“IIANM, they said that the way she put it on her website implied that it was authorized by the city.”

From what I gather reading her website only a moron would assume the link was authorized by the city. Her position against the mayor and police department is pretty clear. The is a free speech issue and she has already won is the courts in WI follow the constitution.

35 posted on 08/25/2008 10:15:21 AM PDT by monday
[ Post Reply | Private Reply | To 12 | View Replies]

To: Ken H

“The State of Oregon takes exception to Web sites that republish the state’s Revised Statutes in full...”

Am I missing something? What does that have to do with this thread?


36 posted on 08/25/2008 10:19:53 AM PDT by monday
[ Post Reply | Private Reply | To 29 | View Replies]

To: Genesis defender

Cheerful looking guy there. Sheesh! lol


37 posted on 08/25/2008 10:41:24 AM PDT by TNdandelion (Paris Hilton for Prez! That's hot.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: sbMKE
OOOOOOPS! I pasted the wrong link.

http://www.bratcitywebdesign.com/ is her site, I think. I think she likely has http://sheboyganspirit.com/ now.

badgerblogger isn't her's.

I'm guessing that this is the page that caused the furor (followed by this).

If a web page is designed in a way to put an icon at the bottom with a link embedded in the icon, it might seem to imply sponsorship or ownership by the entity on the icon. But I don't know about the place where it's on the "Links" page.

38 posted on 08/25/2008 11:30:04 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Ken H; VictoryGal

By the Miranda decision, we can’t be expected to remember our rights at arrest, yet we are expected to know all these volume after volume of laws, regulations, guidance, etc. And not even available without a fee?!? Wow.


39 posted on 08/25/2008 11:32:01 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Gondring

If they’re upset about her site, then their heads must be ready to explode over this one:

Rate my Cop
http://www.ratemycop.com/index.php?option=com_content&task=view&id=62&Itemid=148


40 posted on 08/25/2008 5:04:52 PM PDT by sbMKE
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-50 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson