• Parties involved: Family business owners Don and Terry Swartz, anonymous bloggers on Google
  • Source of conflict: Anonymous users on Google’s Blogger site posted defamatory information on the Swartzes
  • Timeline: Subpoena filed February 2008
  • Court’s decision: The Swartzes are subpoenaing Google so that they can sue these bloggers. (Case not yet resolved)
  • Impact on blogosphere: The nature of this case shows an example where free speech can be taken so far. It demonstrates that, like the Apple case, damages can be difficult to prove legally; the Swartzes’ attorney argued that the sites were hurting their business.

    In the months leading up to this case, the Swartzes of Nashville, TN found that several blogs on Google’s Blogger service posted defamatory remarks about them, accusing them of incidents such as arson as well as intimidation done with regard to their business of renovating old property.

    The Tennessean reports that Swartzes’ attorney considers this case to be difficult because of its online nature, and that first amendment rights would likely take priority unless the couple can claim damages:

    The lawsuit seeks unspecified damages, which could be determined if a judge rules the Swartzes have lost business as a result of the site, [the attorney] said.