PUBLIC CITIZEN MEDIA ADVISORY

Aug. 21, 2007                                                      Contact: Rachel Pleatman (202) 588-7742

                                                                                   Barbara Holzer (202) 588-7716

MEDIA ADVISORY

Public Citizen to Argue That Internet Gripe Site is Free Speech

Criticized Company Cannot Expose Anonymous Operator, Shut Down Site

WHAT:  Greg Beck, an attorney for Public Citizen, will argue before Judge Timothy McCormick of the Common Pleas Court of Cuyahoga County, Ohio. Public Citizen contends that the First Amendment prevents the Ohio homebuilding company Powermark Homes from obtaining an injunction to shut down a Web site that is critical of the company, http://www.powermarkhomessucks.com/, and from obtaining the identity of the site's anonymous author.

The Web site warns consumers about other lawsuits filed against the company and contains links to public court records of the cases. Powermark Homes filed suit against the site's anonymous operator, named in the complaint as "John Doe," claiming that the Web site harms the company's reputation and asking the court to order the site taken offline. The company also sent a subpoena to Domains by Proxy, the Internet service provider that anonymously registered Doe's site, asking it to reveal Doe's identity. In briefs filed in the case, Public Citizen responded that because the site is truthful and not defamatory, it is protected by the First Amendment right of free speech.

WHEN:  10 a.m. EDT, Thursday, Aug. 23, 2007

WHERE:  Courtroom 20-C, Cuyahoga County Common Pleas Court, 1200 Ontario St., Cleveland, Ohio

WHO:  Greg Beck, attorney for Public Citizen, Edward Icove, of Icove Legal Group in Cleveland, as local counsel for Doe.

Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C. For more information, please visit www.citizen.org.