Huon v. Denton, No. 15-3049 (7th Cir. 2016)Annotate this Case
In 2008, Huon was charged with criminal sexual assault of Jane Doe. He claimed that the encounter was consensual and was acquitted. The website Above the Law (ATL) published an article entitled, “Rape Potpourri” which discussed two “rape stories,” one of which concerned Jane Doe’s allegations and Huon’s opening statement at his trial; the post was later updated to note that Huon was acquitted. Huon sued ATL, alleging defamation, intentional infliction of emotional distress, and false light invasion of privacy. Days later, a Gawker website published an article entitled, “Acquitted Rapist Sues Blog for Calling Him Serial Rapist” with Huon’s 2008 mugshot and the ATL article. The title was later changed to, “Man Acquitted of Sexual Assault Sues Blog for Calling Him Serial Rapist.” The Gawker article generated 80 comments from anonymous third-party users. Huon added Gawker as a defendant. The Seventh Circuit affirmed dismissal of the defamation claim. The title can be construed innocently when viewed with the rest of the article, which fairly reported on Huon’s trial and his initial complaint. The court reversed dismissal of the defamation claim concerning the third-party user comments. Huon adequately alleged that the publisher helped create at least some of the comments; one of the comments constitutes defamation under Illinois law. Because that claim was reinstated, the court also reinstated the false-light and intentional-infliction claims, which were dismissed against Gawker based solely on the rejection of his defamation claims.