National Football League

Site owner claims to 'save Internet' by winning appeal against ex-Bengals cheerleader

Published Jun. 17, 2014 11:31 a.m. ET

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Connor Kiesel

Nik Richie made a bold assertion after taking down a former Bengals cheerleader in an appeals court Monday.

The man who runs a gossip site that published lewd comments about ex-Ben-Gal Sarah Jones is claiming his victory is one for the greater whole of online freedom of speech. He may not be wrong, at least according to arguments made by lawyers for some of the Internet's biggest players.

The background goes like this: Jones filed a lawsuit against Richie, owner of TheDirty.com, alleging her name and reputation were smeared by accusations on his site, which included that she had given the entire Bengals team sexually transmitted diseases.

Jurors decided that Richie acted maliciously in screening and then publishing posts about Jones' sexual history. Judge William Bertelsman allowed the lawsuit to stand and Jones would have been awarded $338,000 -- until Monday's reversal.

A three-judge panel in a Cincinnati appeals court ruled in Richie's favor, saying that Jones' suit should not have gone forward based on a provision of the Communications Decency Act of 1996 that says websites may not be held liable for third-party content.

That's why Internet giants like Google and Facebook, heavily built upon user-generated content (much of which they do not control), were keeping a close eye on the case. Some voiced concerns that there would be the rise of a "Heckler's Veto," limiting freedom of speech on sites where users voice their opinions.

Jones was also involved in a criminal case in 2011, pleading no contest to sexual misconduct and custodial interference charges involving a 17-year-old student, Cody York, who attended the high school at which she taught. York, now 19 years old, and Jones got engaged last year.

Ex-Bengals cheerleaders have continued to hold a place in the news. In February, Alexa Brenneman filed a wage compensation lawsuit against the team. Cheerleaders from a number of NFL teams have followed suit in recent months.

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