Blumenthal v. Drudge and AOL

Sidney Blumenthal and Jacqueline Blumenthal v. Matt Drudge and America Online, Inc., U.S. District Court, District of Columbia, Case Number, 97 CV-1968.

Nature of the Case.  Plaintiff, Blumenthal, and wife, seek damages for alleged defamation from Internet journalist Matt Drudge, and from deep pockets defendant America Online for being the online service in which Drudge published a story about Blumenthal. AOL won a dismissal.

Plaintiffs.  Sidney Blumenthal, a Clinton assistant, and his wife.  6805 6th St. NW, Washington DC, 202-723-7556.  Attorneys: William Alden McDaniel, Jr., and Jo Marsh, 118 West Mulberry St., Baltimore, MD, 21201-3606, 410-685-3810.

Defendants.

• Matt Drudge, an Internet and radio journalist. 1811 North Whitley Ave., No. 901, Hollywood, CA, 90028. Attorneys: Manuel S. Klausner, Patrick J. Manshardt, Individual Rights Foundation, Jonathan W. Emord. (Addresses and numbers.)
• America Online, Inc., 2200 AOL Way, Dulles, Virginia, 20166, 703-448-8700, fax 703-883-1532. Attorneys: Patrick Joseph Carome, Wilmer Cutler & Pickering.  (Addresses and numbers.)

Facts. Blumenthal is a Clinton aide whose job it is to dish dirt on witnesses, journalists, and prosecutors who say or do things embarrassing to Clinton on Whitewater, Lewinsky, and other matters. Matt Drudge is the writer and publisher of the Drudge Report, which contains conservative political news, opinion, and gossip. Bill Clinton and Monica Lewinsky was once his signature issue. He also published via an area in online service AOL.

Drudge published a story about Blumenthal which quoted an anonymous source as saying that Blumenthal had abused his spouse. The Blumenthals filed a Complaint in the U.S. District Court for the District of Columbia demanding $30,000,001.00 in damages on each of 21 counts. Blumenthal also named AOL as a defendant, alleging that it is liable for Drudge's alleged defamation.

Issues. The dispute between Blumenthal and Drudge is tempestuous and tabloidal, but of no consequence to the computer or internet industry. However, the claim against AOL seeks to avoid section 230 of the Telecommunications Act of 1996 which bars claims against "interactive computer services" (such as AOL) for "information provided by another content provider" (such as Drudge). A ruling against AOL would have major consequences for online services, and anyone who provides bulletin boards, guest books, chat rooms, or other interactive services. To date, three courts have ruled in AOL's favor in similar claims. See for example, Zeran v. AOL.

Status. AOL was dismissed from the suit on April 22, 1998, pursuant to Section 230. The remainder of the case has been largely inactive since April 1999. Drudge filed a motion for judgment on the pleadings. The opposition brief is due January 20, 2000. The reply brief is due February 7. Blumenthal also still has the option of appealing the dismissal of AOL, once final judgment in entered in the case.

Chronology and Links to Pleadings

• 8/11/97. Drudge's Article on Blumenthal published.
• 8/12/97. Drudge's Retraction published.
• 8/28/97. Complaint filed by Sidney Blumenthal.
• 10/16/97. AOL filed its Answer.
• 10/20/97. AOL filed its Motion for Summary Judgment based on 47 USC 230.
• 10/27/97. Drudge filed his Motion to Dismiss or to transfer case to California.
• 11/18/97. AOL filed its Motion to file sealed exhibits, and sealed exhibits.
• 3/11/98. Hearing on AOL's § 230 Motion to Dismiss, and Drudge's Motion to transfer case to California. (See, Tech Law Journal story.)
• 4/22/98. Court granted AOL's Motion for Summary Judgment, and dismisses AOL from the case; Court denies Drudge's Motion to Dismiss. (Story | Order | Opinion.)
• 12/17/99. Status conference held. See, Tech Law Journal story.

Other Resources

• AOL's People.
• Attorneys: Patrick Joseph Carome, John Payton, Lawrence Kasten, and Sanir Jain, Wilmer Cutler & Pickering, 2445 M St. NW, Washington, DC, 202-663-6000.
• In house counsel: George Vradenburg III and Randall J. Boe, 22000 AOL Way, Dulles, VA, 20166-9323.
• Spokesmen: Wendy Goldberg, Rich D'Amato, 703-265-1107.

• Drudge's People.
• Matt Drudge Defense Fund and Information Center. P.O. Box 67398, Los Angeles, CA, 90067. 800-752-6562 ext. 205.
• Attorneys:
• Manuel S. Klausner, 601 West Fifth St., Eighth Floor, Los Angeles, CA, 90071, 213-617-0414, fax 213-617-1314, MKlaus@aol.com.
• Patrick J. Manshardt, Individual Rights Foundation, 9911 West Pico Blvd., Los Angeles, CA, 90035, 310-843-3699 x217.
• Jonathan W. Emord, 5282 Lyngate Court, Burke, VA, 22015, 202-466-6937.
• The U.S. District Court for the District of Columbia.
• 333 Constitution Ave., Washington, DC, 20001.  The court has no website.
• Presiding Judge: Paul Friedman.  Room 6321, 202-273-0440.  (Friedman Biography.)