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Youve perhaps had one too many drinks; youve gone home with someone you might not have otherwise, and then suddenly one morning you wake up and every single sordid detail you dreaded would ever be revealed anywhere ever, has been published on a web site alongside your image, exposing your weaknesses and flaws for the whole world to see. On May 6, 2003, a Palm Beach, Florida judge for the Fifteenth Circuit, Diana Lewis, issued a temporary injunction that was the legal equivalent of shoving the constitution as far up her ass as physically possible.When Katy Johnson, a former Miss Vermont and Miss Vermont USA in 19 respectively, experienced this horror following an extended encounter with a notorious writer with a pretty decent memory and a remarkable ability to recollect every nuance, if not tongue stroke, she did what any red-blooded American would do. The order contained -- among other constitutionally precarious items -- a prior restraint so broad and ill-considered it is almost certain to be reversed.
Johnsons site appears to be hitting straight back at Mr. "A guy is saying things about me that just arent true. " a forlorn looking cartoon character asks a cow in a MOOT court (Im not making this up). Johnsons lawsuit contends, in Count III, is common law battery. Max of making physical contact "willingly, wantonly, and with malicious intent in order to cause harmful or offensive touching to the plaintiff." A charge at odds with Mr. "The battery claim is a jurisdictional ploy, which Tucker denies completely. Calder responded that the flood of media suggested it was time to issue the release, without doing interviews, so Ms. Johnsons "status as Miss Vermont and Miss Vermont USA somehow thrusts his web site into the category of a 'presentation having a current and legitimate public interest,' this subsection still requires that the public interest being served is 'current'." He asserts further that since Ms. Everyone agrees I should be should be able to say what I want." The worst offender in this case, however, is neither Katy Johnson nor Tucker Max.
"A scary guy is threatening me with his blaspheme And I dont know what to do about him! This guys a snake and its not about wordsbut its all about HIS-SS and HER-TS! Johnsons website that compelled him to write the story of their relationship without changing her name or shielding her identity. If I was some Internet geek who never got a girl, and stayed home and passed out on two beers and then someone exposed me, God bless 'em. Maxs version of events, which may have been willing and wanton physical contact, but with the sole intent of getting laid, and as a very mutual exercise. Johnson "could speak her mind and let it rest at that." In a tortured interpretative stretch of the law, Mr. In fact, the most egregious violation is the constitutional one imposed by Floridas Judge, Diana Lewis. Max from "making use of Plaintiffs name, portrait, photograph or other likeness for any advertising and other commercial purpose".
" Case in point, irony notwithstanding, gag order notwithstanding.
While touting the wonders of beauty pageantry to young girls, and the extent to which physical beauty contests help facilitate self-esteem would occupy psychologists for hours on end, Katy Johnson has parlayed her celebrity status as a Miss Vermont winner into a brand, replete with books, columns, theater and commercials, a film and television career.
Santucci, had been circulated, hailing the restraining order a "victory" that "should send a clear message to all parasitic smut peddlers who live off the good names of others." An article in The New York Times this week called him a cad, she a beauty queen.
In reality, things are far more complex, raising all sorts of questions pertaining to misogyny, property, privacy, First Amendment, battery, defamation and libel. Her web site the type of saccharine fluff that would make most people nauseous, although, in Ms.
Seemingly these are not merely allegations, but embarrassing private facts.
Tucker Max is every sibling of a sister -- or parent of a daughters -- worst imaginable suitor. His two books, "Belligerence & Debauchery" and "The Definitive Book of Pickup Lines" are not just sold on his web site but are carried by Barnes & Noble.
True Life, a documentary series running on MTV since March 24, 1998, has covered over 140 topics from drug use, money issues, and sexual topics to simple social behavior like visiting the Jersey Shore.
Its quite possibly everyones worst nightmare at some point or another.
Johnsons life enough to impart this worldly wisdom to pre-teen girls (as she characterizes the target audience of her site) -- or is she as guilty of exploiting her understanding of her experiences with Mr. Publishing biographical information on a web site can not be characterized as "personal" any more than his graphic descriptions of his sexual exploits can be characterized as "private." "The issue would be different if she sued me for libel or defamation which would assert I am lying, rather than public disclosure of private facts," says Mr. An interesting component to this story is that real names are seldom used in most of the essays on Mr. Maxs narrative as his "claimed private sexual affairs with me" and later states she did not "consent to or authorize such private information, notwithstanding its truth or falsity, to be disclosed publicly." Nowhere in the affidavit does Ms. Max one day own, control or maintain Annoy.com, for instance, he would have to remove the code that links the letters the said URL.