Written on January 10, 2008 by David C. Sarnacki
The New York Times reports on the Vermont divorce court handling Garrido v. Krasnansky. The court ordered the husband to stop posting blog items about his wife and their crumbled marriage, possibly turning an ordinary divorce into a much broader battle over free speech on the Internet.
Abby Goodnough writes (excerpt):
The husband, William Krasnansky, posted what he calls a fictionalized account of the marriage on his blog late last year. His wife, Maria Garrido, complained to the judge overseeing their divorce, who ordered Mr. Krasnansky to take down “any and all Internet postings” about his wife and their marriage pending a hearing next month.
Ms. Ellwood says that the blog, at lookatmypugs.livejournal.com, constitutes harassment, and that it is typical in divorce cases for judges to bar harassment by either party.
But Ms. Schoenberg has countered that a defamation claim does not belong in family court — Mr. Smolla and several other scholars said the usual venue was civil court — and that, regardless, her client’s freedom of speech trumps his wife’s concerns.