Woman Can’t Sue Newspaper for Reporting about Her Bra-Frisk Lawsuit

Artwork from Some Girls by the Rolling Stones. One of the Stones' best.

In 2005, Karen Tenney sued her employer when her supervisor subjected her to a non-consensual search in front of other employees to make sure she was wearing a bra.  She sued for sexual harassment, disability discrimination, and retaliation.

Pretty newsworthy, right?  A local newspaper reported on the federal lawsuit in an article titled “Alleged County Nursing Home Bra Frisk Sparks Lawsuit.”

Tenney apparently did not appreciate the newspaper’s coverage, so she sued them too.  She claimed the article contained false statements and exposed her to public ridicule.  Unfortunately, a copy of the article that caused Tenney to sue cannot be found on the interweb.

All of the details included in the article could be found in the complaint and publicly available court documents.  In spite of this, the court noted, without explanation, that it was “troubled” by the newspaper’s article on the bra-frisk lawsuit.  Thankfully, the appellate court didn’t let its “troubles” get in the way of the First Amendment.  Last month, a New York court affirmed the dismissal of the case against the newspaper.

So, keep on Blawging.

A copy of the opinion is at this link.

A copy of the bra-frisk complaint can be found here.  That lawsuit, by the way, made it past summary judgment, and settled before trial.


Bonus Video — Rolling Stones — Some Girls (Sue You for Reporting on Their Lawsuits)


~ by siouxsielaw on August 20, 2010.

One Response to “Woman Can’t Sue Newspaper for Reporting about Her Bra-Frisk Lawsuit”

  1. I can’t believe that this case went up on appeal.

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