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Privacy Censorship Your Rights Online

Barbra Streisand, Miss Vermont, And Your Website 744

An anonymous reader writes "The NYTimes (sign up for free subscription) is reporting about a person who wrote about a prior relationship with a former Miss Vermont. He was ordered to remove any reference to the former Miss Vermont or the relationship by court order. This ruling has obvious implications for the First Amendment if allowed to stand. I wonder if I can get the same court order applied to my ex-girlfriends' websites." Read on to see what this has to do with Barbra Streisand.

An anonymous reader writes "A Silicon Valley millionaire, Ken Adelman, is being sued by Barbra Streisand for $50 million. Adelman photographed Streisand's sea-side Malibu mansion using a 6 megapixel Nikon digital camera from a helicopter flying over the Pacific Ocean. The photograph, along with over 12,000 other photographs, is part of an aerial photographic survey of the California coastline. This photographic database is intended for use by environmental and scientific research projects interested in the health of the coastline and coastal erosion. Streisand's suit complains that the photograph is of extraordinary clarity and violates her right to privacy, as it shows details of the property that one would not ordinarily be able to see from the road or the beach. California has an 'anti-paparazzi' statute on the books."

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Barbra Streisand, Miss Vermont, And Your Website

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  • by i_want_you_to_throw_ ( 559379 ) * on Monday June 02, 2003 @09:22PM (#6101920) Journal
    Here you go! Useful links to this story...
    First the Google Cache of the Miss Vermont Story [216.239.37.100]

    Katy's site [katyjohnson.com] which ironically has a Free Speech reference.
  • by Anonymous Coward on Monday June 02, 2003 @09:28PM (#6101952)
    The Miss Vermont Story

    This is the complete and unabridged story of my relationship with Katy Johnson, known to my friends and her fans as Miss Vermont. I normally don't like writing about the specific details of relationships or hook-ups for many reasons, but this is an exception. After putting up the giant hypocrisy that is her webpage, she has to be ready for what I write.

    I must prepare you, in advance, for what you are about to read...it is as ridiculous and surreal as anything I have have ever written, and possibly anything you have ever read. This relationship was outlandish even by Tucker Max standards. You may not believe some of what is written here. To that, I can only tell you that I have several witnesses to most of the events here, and the wedding was, well, a wedding, so there were hundreds of people there.

    Furthermore, this is a long story, because I didn't want to leave out any of the details, lest the story seem forced or less amazing that it really was.

    And to Katy: Even though you haven't responded to the email I sent you, I know you check this site every few weeks. You are welcome to email me with corrections or additions to the story. If I got something wrong or left something out, please let me know and I'll be happy to change it. In fact, I'll go farther. If you want to write your own version of our relationship, I swear to my god, that I will post it, COMPLETELY UNABRIDGED, right next to mine. This is your opportunity to rebut anything I say here.

    _____________________

    The summer after law school graduation, I moved to Boca Raton, Florida and took a job managing my father's restaurants. I wasn't really expecting to meet a girl I would like, as the general intellectual level of South Florida is somewhere above "functionally retarded." After I had been in Boca about two months, I hadn't really had any sort of relationship other than emotionally uninvolved sex with morally suspicious girls, and I eventually resigned myself to vacant sex with the vapid idiots that infest South Florida.

    One day I was at my gym, The Athletic Club of Boca Raton. It is a massive airplane hanger of a building; a gym, health club, spa, lounge and restaurant rolled into one. Basically, it's the type of place where guttural grunts and flexing underneath tight shiny shirts passes for foreplay. Welcome to Florida. For several years it's been the "in" place to workout in Boca, one of the primest meat markets in a town full of butcher shops. I usually tried to avoid peak hours and the throngs of scantily clad gold-digging whores positioning themselves for fifth husbands. Don't mistake me--staring at dozens of immense fake breasts spilling out of sports bras is fun for a while, but it gets old quick, especially when those breasts are attached to faces that tell the story vacant personalities do not. These women have circled the drain a few times, and no manner of plastic surgery or trips to the spa can hide that despair that years of whorish behavior and emotional prostitution leaves in the eyes.

    I was in the free weight section of the gym, and one girl kept catching my eye, more for what she wasn't showing rather than what she was. She had a navy blue hat on, pulled tight over her face, a loose fitting white cotton T-shirt, and green basketball shorts. Not the standard Boca female gym outfit. Staring at her between sets, I realized that she was very attractive. By trying to hide that attractiveness, she became even better looking. The logo on her shorts said, "Vermont Law," which gave me the perfect in. My law degree would finally get some good use.

    I approached her as she paused between sets, and asked if she had attended law school at Vermont. She told me she didn't, that she went to undergrad there, but that she was attending Stetson for law school. I told her I just graduated from law school at Duke, and the look on her face told me all I needed to know. It was about 7:30, she was obviously into me, so I decided throw my hat in the ring:

    "So,
  • by DarkSkiesAhead ( 562955 ) on Monday June 02, 2003 @09:29PM (#6101958)

    it's also possible to direct link [nytimes.com] as a google partner. thus, avoiding pasting the entire article into an overly long comment.
  • Re:oh no!! (Score:5, Informative)

    by lordgert ( 561795 ) on Monday June 02, 2003 @09:29PM (#6101959) Homepage
    I think encouraging Trey and Matt to do an(other?) episode on people who think they should be ruling the world is an excellent idea.

    By the way, here's the direct link to the high-res mansion shot: huge image [californiacoastline.org]
  • by stienman ( 51024 ) <adavis@@@ubasics...com> on Monday June 02, 2003 @09:38PM (#6102005) Homepage Journal
    Why oh why do so many story submitters encourage us to visit a site which requires some small amount of personal information to gain access to something which is freely available in so many other places????

    Google News [google.com] has a whole list of news stories [google.com] about this event.

    -Adam
  • by Keith Mickunas ( 460655 ) on Monday June 02, 2003 @09:51PM (#6102078) Homepage
    It may not be in the Constitution, but it should be. People on /. are always complaining about privacy, whether it be spyware tracking your movements, or Tivo watching your viewing habits. But celebrities have some real concerns, such as this [imdb.com] (IMDB) actress would have if she wasn't dead now. Thanks to availability of public records, a psycho tracked her down and shot her. Now laws have been enacted, many inspired by this case, so that celebrities can protect their privacy.

    I'm not saying the guy shouldn't take the pictures. But he didn't need to use her name. That information wasn't available from public records, and it certainly isn't significant with regards to his work. Unless he's concerned her voice will lead to erosion of the cliff.
  • by LordNimon ( 85072 ) on Monday June 02, 2003 @09:55PM (#6102102)
    God, you people are such morons. Just use the userid/password of cypherphunks/cypherphunks like everyone else and be done with it!
  • error in article (Score:5, Informative)

    by ketan ( 3574 ) on Monday June 02, 2003 @09:59PM (#6102130) Homepage
    The article states:
    Katy Johnson, who was Miss Vermont in 1999 and again in 2001, uses her site to promote what she calls her "platform of character education."
    That is incorrect. As you can see at the Miss Vermont previous winners page [missvermont.org], the winner in 2001 was Amy Johnson, not Katy Johnson, who won in 1999 and is the subject of the article. I should know; I went to high school with Amy and lived one street over.

    Furthermore, it just doesn't make sense for someone to be able to compete twice. Did it not occur to anyone at the NY Times or other papers to check this? I have seen the same error in several places.

  • by dagnabit ( 89294 ) on Monday June 02, 2003 @10:14PM (#6102223)
    A[ctually|llegedly] _he_ didn't make the identifying entry. The way the gallery of images is set up, anyone can make comments and/or add captions to the photos. And that's what happened to Ms. Streisand's estate photo, and other celebrities' homes that were snapped as well.

    <Linda Richman>
    "I'm verklempt. Twok amongst yourselves. The topic is: she needs to get over it, and get over herself."
    </Linda Richman>

    You know, no big whoop.
  • by Anonymous Coward on Monday June 02, 2003 @10:15PM (#6102228)
    Uhh her website says that she was Miss Vermont USA 2001 and Miss Vermont 1999 so it doesn't look like they were too far off. . .
  • Re:error in article (Score:4, Informative)

    by Jade E. 2 ( 313290 ) <slashdot@perlstor[ ]et ['m.n' in gap]> on Monday June 02, 2003 @10:27PM (#6102317) Homepage
    You can tell I'm bored. I was curious about this, since the same claim (that she was Miss Vermont twice) appeared in the disputed web page [216.239.37.100] (thanks to earlier poster for google cache.) In the 8th paragraph after the seperator line it states "One of the specific things I remember us talking about was that she was Miss Vermont, twice..."

    So, I went and looked it up. Turns out she won Miss Vermont in the Miss America pageant in 1999 (The one you linked to [missvermont.org].) But, she also won Miss Vermont in the Miss USA pageant in 2001. (Their very slow site is here [missvermontusa.com] but there's no past winners link, you can see their description of her on this [216.239.39.100] google cached page, apparently she was a judge last year.)

    I'm going to go do something more interesting like watching paint dry now.

  • by Raffaello ( 230287 ) on Monday June 02, 2003 @10:36PM (#6102381)
    You're both missing the big picture. When the Bill of Rights was being crafted, many opposed the whole idea, not because they were against individual rights, but because they feared that what you two are discussing would happen: that people would come to believe that *only* those rights specifically mentioned in the Bill of Rights were protected.

    From: James Wilson, Pennsylvania Ratifying Convention, 28 Nov. - 4 Dec. 1787 [uchicago.edu]

    "A bill of rights annexed to a constitution is an enumeration of the powers reserved. If we attempt an enumeration, every thing that is not enumerated is presumed to be given[to the government]. The consequence is, that an imperfect enumeration would throw all implied power into the scale of the government, and the rights of the people would be rendered incomplete."
  • by Fat Casper ( 260409 ) on Monday June 02, 2003 @11:52PM (#6102835) Homepage
    ...they feared that what you two are discussing would happen: that people would come to believe that *only* those rights specifically mentioned in the Bill of Rights were protected.

    Amendment IX (The forgotten amendment)

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Remember that the second, more than the first, protects the rest. Oh, but we threw the second out a long time ago. That's why we have the USAPATRIOT Act and TIA. Because no one in Washington thinks they're at all accountable anymore.

  • by Anonymous Coward on Tuesday June 03, 2003 @12:18AM (#6102948)
    It's perfectly legal to call someone a bitch, whore, or doughnut-head. Such statements qualify as insults and epithets, not libel. Now, if you said that Miss Vermont was bitching or whoring, you could be sued. But, again, she would have to prove you meant her, that the info was public, that it defamed her character (which would be difficult if the community already regarded her in this way), and perhaps interfered with her ability to earn an income.
  • Hell, let's have Miss Vermont AND Max sue slashdot and myself for posting the whole thing here:

    The Miss Vermont Story

    This is the complete and unabridged story of my relationship with Katy Johnson, known to my friends and her fans as Miss Vermont. I normally don't like writing about the specific details of relationships or hook-ups for many reasons, but this is an exception. After putting up the giant hypocrisy that is her webpage [katyjohnson.com], she has to be ready for what I write.

    I must prepare you, in advance, for what you are about to read...it is as ridiculous and surreal as anything I have have ever written, and possibly anything you have ever read. This relationship was outlandish even by Tucker Max standards. You may not believe some of what is written here. To that, I can only tell you that I have several witnesses to most of the events here, and the wedding was, well, a wedding, so there were hundreds of people there.

    Furthermore, this is a long story, because I didn't want to leave out any of the details, lest the story seem forced or less amazing that it really was.

    And to Katy: Even though you haven't responded to the email I sent you, I know you check this site every few weeks. You are welcome to email me with corrections or additions to the story. If I got something wrong or left something out, please let me know and I'll be happy to change it. In fact, I'll go farther. If you want to write your own version of our relationship, I swear to my god, that I will post it, COMPLETELY UNABRIDGED, right next to mine. This is your opportunity to rebut anything I say here.

    _____________________

    The summer after law school graduation, I moved to Boca Raton, Florida and took a job managing my father's restaurants. I wasn't really expecting to meet a girl I would like, as the general intellectual level of South Florida is somewhere above functionally retarded. After I had been in Boca about two months, I hadn't really had any sort of relationship other than emotionally uninvolved sex with morally suspicious girls, and I eventually resigned myself to vacant sex with the vapid idiots that infest South Florida.

    One day I was at my gym, The Athletic Club of Boca Raton. It is a massive airplane hanger of a building; a gym, health club, spa, lounge and restaurant rolled into one. Basically, it's the type of place where guttural grunts and flexing underneath tight shiny shirts passes for foreplay. Welcome to Florida. For several years it's been the in place to workout in Boca, one of the primest meat markets in a town full of butcher shops. I usually tried to avoid peak hours and the throngs of scantily clad gold-digging whores positioning themselves for fifth husbands. Don't mistake me--staring at dozens of immense fake breasts spilling out of sports bras is fun for a while, but it gets old quick, especially when those breasts are attached to faces that tell the story vacant personalities do not. These women have circled the drain a few times, and no manner of plastic surgery or trips to the spa can hide that despair that years of whorish behavior and emotional prostitution leaves in the eyes.

    I was in the free weight section of the gym, and one girl kept catching my eye, more for what she wasn't showing rather than what she was. She had a navy blue hat on, pulled tight over her face, a loose fitting white cotton T-shirt, and green basketball shorts. Not the standard Boca female gym outfit. Staring at her between sets, I realized that she was very attractive. By trying to hide that attractiveness, she became even better looking. The logo on her shorts said, Vermont Law, which gave me the perfect in. My law degree would finally get some good use.

    I approached her as she paused between sets, and asked if she had attended law school at Vermont. She told me she didn't, that she went to undergrad there, but that she was attending Stetson for law school.

  • Katy Johnson mirror (Score:3, Informative)

    by touretzky ( 215593 ) on Tuesday June 03, 2003 @12:42AM (#6103062) Homepage
    The Google cache doesn't last forever, you know. That's why I made this mirror [cmu.edu] of the disputed essay.

    It will be interesting to see how long this case survives now that Mr. Max has legal representation.

  • by adelman ( 678397 ) on Tuesday June 03, 2003 @01:53AM (#6103350) Homepage
    Actually, the relevent precedent when you're looking at the fourth amendment is California v. Ciraolo, 476 US 207 (1986).

    The Supreme Court in that case, per Chief Justice Burger, held that warrantless aerial observation of fenced-in backyard within curtilage of home was not unreasonable under the Fourth Amendment.

    "In an age where private and commercial flight in the public airways is routine, it is unreasonable for respondent to expect that his marijuana plants were constitutionally protected from being observed with the naked eye from an altitude of 1,000 feet. The Fourth Amendment simply does not require the police traveling in the public airways at this altitude to obtain a warrant in order to observe what is visible to the naked eye."

    Barbra's house underlies the Federal Airway (V299) between Ventura and LAX. It is basically located on an aircraft-freeway in a high-traffic area. It would be hard to imagine any place with a lower expectation of privacy from air traffic.

    Kenneth Adelman (Defendant)
  • by Anonymous Coward on Tuesday June 03, 2003 @02:11AM (#6103413)
    The problem with that is that Adelman lives in California, thus the state court has personal jurisdiction over him.
  • by adelman ( 678397 ) on Tuesday June 03, 2003 @02:18AM (#6103440) Homepage
    I do. You can find it on www.solarwarrior.com.
  • by ThresholdRPG ( 310239 ) on Tuesday June 03, 2003 @06:19AM (#6104129) Homepage Journal
    It is a shame that people think adding "IANAL" to a post is a substitute for even making an effort to research their statement.

    First, I will say that I WAS a lawyer. I graduated from the University of Georgia School of Law in 1998. I hated being a lawyer. I started my own company and make internet RPGs for a living. I think I made a good choice.

    Second, a statement is not defamatory if it is true. For the MENSA people out there, defamation includes both slander and libel.

    Thirdly, the statement does not even have to be literally true in all respects. It only has to be substantially true. See: Restatement of Torts, 2nd, Section 581 A, Comment f.
  • Re:If only... (Score:3, Informative)

    by geschild ( 43455 ) on Tuesday June 03, 2003 @07:04AM (#6104244) Homepage
    And surely, you're right. The current page on the original location of the story reads:

    The [name removed] Story

    There is nothing here because a certain ex-pageant contest has obtained a temporary restraining order against me, forbidding me from posting anything referring to her name or her title, or linking to her page.
  • by nathanm ( 12287 ) <{moc.reenigne} {ta} {mnahtan}> on Tuesday June 03, 2003 @09:05AM (#6104778)
    Bush, for instance:

    - was AWOL for 2 years - and never served time for it
    This is absolute BS! Read here [blogspot.com] and here [blogspot.com].

    - was/is an alcoholic
    He's admitted this, and that he hasn't had a drink in years.

    - was/is a cocaine addict
    This is pure speculation.
  • by adelman ( 678397 ) on Tuesday June 03, 2003 @12:09PM (#6106239) Homepage
    I didn't put her name on the website. Our site has the ability for users to caption photographs. One of the users of our site captioned that one. Our policy is to leave captions that are not profane, not libelous, and accurately describe some part of the frame. This information is already available elsewhere -- go to Google and search for "Streisand and Malibu".

    With so much data, there is a "relevance" problem in finding what you want on our web site. The captioning system is a valuable way for users of our web site to exchange what they know about the photographs. The identification of her estate is of interest to the public because she has made it newsworthy -- for example, as recently as a week ago she lost a lawsuit with a neighbor over the height of their house.

    I don't disagree with her professed politics. The quote about her leaving the country was made jokingly. I really have no malice torwards Ms. Streisand and don't understand why she has singled me out for this treatment. It is, however, a little difficult at times to suppress the natural anger you develop towards someone when they sue you.

He has not acquired a fortune; the fortune has acquired him. -- Bion

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