Steubenville Rape Case – Saltzman v. Goddard

In 2012, citizen journalist Alexandria Goddard wrote a series of blog posts discussing a rape that took place in Steubenville, Ohio. In addition to writing about the high school football players who were charged and later convicted of the rape of a 16-year-old female classmate, Goddard also discussed the social media posts of another football player, Cody Saltsman. Saltsman had posted photos of the unconscious victim with captions such as “whore status” and “I have no sympathy for whores.” Goddard’s blog posts included a copy of these posts (which he had deleted) and expressed her frustration that Saltsman was not charged for what she believed was his role in the rape. Anonymous commentators added their own thoughts about the incident, many of which echoed Goddard’s concerns.

Later in 2012, Saltsman and his parents filed a lawsuit against Goddard and the anonymous posters, alleging that they had defamed Saltsman. The suit sought compensatory damages for at least $25,000.00, a court order for a retraction, and a mandated apology. Plaintiffs also attempted to pierce the anonymity veil and conduct discovery on each Defendant.

Attorneys Thomas Haren and Jeffrey Nye, as local counsel for Marc Randazza and Randazza Legal Group, represented Goddard and the other posters. Goddard’s counsel argued that anonymous speech is protected by the First Amendment and prohibits such discovery requests of protected speech. However, the court filed an order permitting the disclosure of the anonymous poster’s personal information from their internet service providers. Subsequently, the ACLU secured dismissal for numerous defendants before their identities were revealed.

Soon after, Plaintiffs wisely settled and dismissed the lawsuit in the face of Randazza Legal’s defense. The terms of the settlement did not require retractions or restrictions on Goddard’s future journalism, and no money was exchanged. Saltsman wrote an apology for his actions and for chilling expression on Goddard’s blog.

Marc Randazza described Goddard’s journalism as “classic First Amendment protected activity” and Saltman’s lawsuit as “without a shred of validity.” Saltman’s lawsuit is an example of strategic litigation against public participation (SLAPP). The goal of such lawsuits is to silence speakers and intimidate them out of the public sphere based on frivolous defamation claims.

The result of RLG’s representation of the blogger was that the story got out – a story that the mainstream media ignored until Goddard beat the drum until it couldn’t be ignored any longer. The rapists were brought to justice and the First Amendment was preserved.