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Wisconsin City Sued for Removal of Web Links to its Website
The City Attorney for Sheboygan, Wisconsin, ordered Jennifer Reisinger to remove a hyperlink from a website she operated to the City Police’s website. With the mayor’s approval, and despite the City Attorney’s advice that it was legal to post links to government websites, the City Attorney threatened Ms. Reisinger with a “cease and desist” order and demanded the link’s removal. Ms. Reisinger, who had been involved in a campaign to recall the City’s mayor, initially complied with this demand. It is her view that the demand was a reprisal for her political views.
Ms. Reisinger subsequently sought legal advice about the City Attorney’s demand and learned then that such a demand could not legitimately be made. She initiated a lawsuit naming the mayor and other city officials, claiming damages for violation of her rights to free speech. She claims that her business has been destroyed by this and a subsequent criminal investigation, and seeks $250,000 in damages, plus punitive damages. This case appears to be a first of its kind in the United States. While it may prove difficult for Ms. Reisinger to prove that she suffered damages, the lawsuit appears to have some merit on its face.
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