Ramsey v. Harman

Linda Ramsey and Erin Knox, Ramsey's daughter, sued Cindie Harman for stalking in North Carolina state court after Harman wrote on her blog, Bonifide, that Knox was a "bully" and "the reason kids hate to go to school," according to Ramsey's complaint filed August 27, 2007. 

In the complaint, Ramsey sought a temporary civil no-contact order to protect Knox from Harman, which the trial court granted. The court also ordered Harman to refrain from posting any comments about Knox and her family during the trial.  In her defense, Harman argued that her comments were free speech protected under the First Amendment and section 230 of the Communications Decency Act ("CDA 230").  The trial court ultimately ruled that Harman had harassed Knox and Ramsey as defined under North Carolina's General Statutes, section 50C-1(6) and (7), and made the no-contact order permanent. 

Harman appealed, and the North Carolina Court of Appeals overturned the lower court's decision on June 17, 2008.  The appeals court ruled that Ramsey failed to show evidence that the posts were intended to cause or actually did cause Knox substantial emotional distress. Without that proof, the court said, a civil no-contact order should not be granted.  The court did not address Harman's First Amendment and CDA 230 arguments.