FC: American Boychoir School tries to censor site alleging sexual abuse

[Declan McCullagh <declan () well com>]

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Date: Mon, 21 Apr 2003 19:39:14 -0400
From: "Paul Levy" <PLEVY () citizen org>
To: <declan () well com>
Subject: Attempt to suppress web site about sexual abuse at New Jersey 
choir school

I want to call your attention to the latest attack on Internet free
speech.

The case stems from a lawsuit in New Jersey state court against the
American Boychoir School in Princeton, in which the plaintiff, John
Hardwicke, a Maryland resident, claims he was sexually abused while at
the school.  A trial judge dismissed that claim holding that the school
had charitable immunity from suit.  While pursuing an appeal from that
decision, Hardwicke has created a website with the URL
www.americanboyschoir.com in which he discusses the allegations of
sexual abuse.

Not content with suppressing Hardwicke's lawsuit on the ground that a
charity cannot be sued, the school is now trying to suppress his public
criticisms altogether, claiming that the charity's own name cannot be
used to criticize it and that Hardwicke is forbidden to communicate with
families of current students who might have current information about
child sexual abuse at the school or a current interest in stopping such
practices.  It has filed a lawsuit in New Jersey state court claiming
that the Hardwicke's domain name interferes with its trademark by
misleading people who are looking for its website,
www.americanboychoir.org.  Additionally, the school claims that he
interfered with its contractual relationship with the parents of their
students by sending them an e-mail about the same subject.
Interestingly, although the school makes liberal use of words like
"misleading" and "inaccurate" and "mischaracterize," and complains
bitterly that the web site will hurt its reputation, the school is very
careful not allege that anything on the web site is false, or to plead a
libel claim in its complaint.  This is undoubtedly a tactical decision,
because the school knows that if it sued for libel, Hardwicke could take
discovery on the very allegations of sexual abuse that would have been
at issue in his tort suit.  That may not be enough to avoid discovery,
though, unless it eliminates all references to alleged  "inaccuracy"

The Boychoir school originally sent the complaint to Hardwicke only by
email, using a format that he could not open, but asking for a temporary
restraining order requiring Hardwicke to take down the web site until
the case was over.  Hardwicke, defending himself pro se, was able to
stave off the TRO except for requiring Hardwicke to take a few sentences
off his web site which disclosed a report by a state agency that was
adverse to the school, and which New Jersey law required be kept
confidential (whether that law can prevent members of the public from
discussing the report is yet another issue in the case).  Meanwhile, the
school is seeking a preliminary injunction requiring Hardwicke to take
down his web site, as well as various claims of damages.  Hardwicke is
trying to find a lawyer to file responsive papers which are due this
coming Friday.  We are taking a careful look at the case ourselves,
although obviously we would have to find a New Jersey lawyer who is able
to take the case pro bono along with us.


Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation/litigation.html




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