Stanley Young, head of Wallens Ridge State Prison in Big Stone Gap, Virginia, argues that libellous articles about him appeared in The Hartford Courant and The New Haven Advocate, both publications in Connecticut which are owned by the Illinois-based Tribune Company.
Young sued in a court in Big Stone Gap, alleging that the articles suggested that he was a racist who encouraged abuse by his guards. The newspapers argued that the Virginia court had no jurisdiction because their publications have little or no contact with that state.
In 2001, a judge in the Big Stone Gap court ruled that the case could proceed in his court because the newspapers’ web sites were accessible there and because that was where Young’s reputation would have been injured.
The newspapers appealed that ruling and The Court of Appeals is currently hearing arguments from both sides. A decision in favour of Young would be consistent with the approach that would be expected in a UK court.
Another case in Australia considers a similar point. Dow Jones and Company of the US is being sued in Australia by Joseph Gutnick, a Melbourne businessman. The case concerns an allegedly libellous article which it featured in its on-line publication. Dow Jones argues that it should be sued in New Jersey. Australia’s Supreme Court is hearing arguments this week.