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Johnson v. TheHuffingtonpost.com, Inc.

Johnson v. TheHuffingtonpost.com, Inc.

United States Court of Appeals for the Fifth Circuit

December 23, 2021, Filed

No. 21-20022

Opinion

 [*316]  Jerry E. Smith, Circuit Judge:

Charles Johnson says the Huffington Post ("HuffPost") libeled him by calling him a white nationalist and a Holocaust denier. He sued HuffPost in Texas. HuffPost is not a citizen of Texas and has no ties to the state. But its website markets ads, merchandise, and ad-free experiences to all comers.

We must decide whether those features of HuffPost's site grant Texas specific personal jurisdiction over HuffPost as to Johnson's libel claim. They do not, so we affirm the dismissal and deny jurisdictional discovery.

HuffPost is a website that publishes online articles and commentary. It's perhaps best known for its political coverage.

About three years [**2]  ago, HuffPost reported that Johnson had met with two congressmen in Washington, D.C. The story identified Johnson as a "noted Holocaust denier and white nationalist." The story said nothing about Texas, nor did it rely on sources based in Texas or recount conduct that occurred in Texas.

Displeased with the portrayal, Johnson sued HuffPost for libel in the Southern District of Texas. At first, Johnson based jurisdiction on his Texas citizenship and said that the libel had occurred in Texas. But HuffPost is a citizen of Delaware and New York; it has no physical ties to Texas; it has no office in Texas, employs no one in Texas, and owns no property there.

To surmount that barrier, Johnson's amended complaint stressed HuffPost's  [*317]  online links to Texas. Johnson calls four to our attention. First, HuffPost's website, which displays the alleged libel, is visible in Texas. Second, HuffPost sells an ad-free experience1 and merchandise to everyone, including Texans. Third, advertisers from Texas have contracted with Huff-Post to show ads on the site. And fourth, HuffPost collects information about its viewers, including their location, to enable advertisers to show them relevant ads. All those contacts, [**3]  Johnson avers, establishes that HuffPost "has purposefully availed itself of the privileges of doing business in Texas."

HuffPost moved to dismiss for want of personal jurisdiction. In a terse opinion, the district court granted that motion, noting that the story did not concern Texas, did not use Texas sources, and was not "directed at Texas residents more than residents from other states."

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21 F.4th 314 *; 2021 U.S. App. LEXIS 38102 **

CHARLES JOHNSON, Plaintiff-Appellant, versus THEHUFFINGTONPOST.COM, INC., Defendant-Appellee.

Subsequent History: Rehearing denied by, En banc, Rehearing denied by Johnson v. TheHuffingtonpost.com, Inc., 2022 U.S. App. LEXIS 12009 (5th Cir. Tex., Apr. 27, 2022)

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Texas. No. 4:20-CV-179.

Disposition: AFFIRMED.

CORE TERMS

HuffPost, website, personal jurisdiction, site, circulation, libel, interactivity, Magazine, advertising, majority opinion, alleged libel, contacts, forum state, libel claim, target, resident, visits, purposefully, discovery, selling, courts, print, merchandise, visitors, cleaned, aimed, exploit[s, warning, plaintiff's claim, relatedness

Civil Procedure, Appeals, Standards of Review, De Novo Review, Evidence, Burdens of Proof, Allocation, Jurisdiction, In Rem & Personal Jurisdiction, In Personam Actions, Constitutional Limits, Constitutional Law, Fundamental Rights, Procedural Due Process, Scope of Protection, In Personam Actions, Due Process, Minimum Contacts, Governments, Courts, Authority to Adjudicate, Computer & Internet Law, Internet Business, Jurisdiction, Torts, Intentional Torts, Defamation, Libel, In Personam Jurisdiction, Long Arm Jurisdiction, Purposeful Availment, Substantial Contacts, Foreseeability, Judicial Comity, Relevance, Relevant Evidence, Discovery & Disclosure, Discovery, Relevance of Discoverable Information, Abuse of Discretion, Discovery