N.D. high court upholds $3 million libel claim against student over Web site
Judges reject argument that the North Dakota courts do not have jurisdiction over libel claims brought against content posted online from out of state

© 2003 Student Press Law Center

June 3, 2003

NORTH DAKOTA — The North Dakota Supreme Court affirmed a district court judgment in May in a $3 million libel claim brought against a former University of North Dakota student for her "harassing" remarks to a professor.

The case raised important questions on whether state courts have jurisdiction over alleged libelous material posted online from another state and whether statements made during university judicial hearings were protected from libel suits. In its May 6 ruling, the state high court rejected both of those claims raised by the student and upheld the large award.

The former student, Glenda Miskin, was indefinitely suspended from the University of North Dakota in 1999 for violating the student code of conduct by stalking and harassing John Wagner, her one-time physics professor, and for disrupting campus offices. The decision was upheld by the university on appeal.

Wagner then sued Miskin the following year, accusing her of making defamatory and sexually explicit comments about him on her Web site and on campus.

The articles published on Miskin's Web site, www.undnews.com, relate almost exclusively to the University of North Dakota and its staff. The expressed purpose of the site is to "prevent others from being abused by UND" and generate exposure to help "UND’s administration correct past problems so all of us can be proud of the University of North Dakota."

In April 2002, a jury awarded Wagner $3 million after ruling that Miskin had libeled and slandered him and intentionally interfered with his business relationships.

Miskin, who now lives in Minnesota, claimed that North Dakota courts did not have jurisdiction over the statements she made on the Internet because the publication of her articles, which were posted on her Web site, had originated outside the state. Miskin also claimed that statements she had made in university hearings were protected by an absolute privilege so they could not be the basis of a libel claim.

The state supreme court, which had not previously considered an Internet jurisdiction case, ruled that it did have grounds to rule in the case because Miskin "did particularly and directly target North Dakota with her website, specifically resident John Wagner."

Although the court refused to determine a standard for cases involving Internet postings from out-of-state sources, it provided a ruling in this particular case. The court said that it had jurisdiction because Miskin's Web site focused on a North Dakota college and because Miskin still lived in North Dakota when many of the communications in question took place.

The court also ruled that Miskin did not have absolute privilege over statements made in the university hearings.

"A privileged statement, such as one made in a judicial proceeding, is not privileged for all subsequent publications by virtue of initially being spoken in a privileged proceeding," the court wrote. "Miskin seems to assert that once a statement is made in a setting in which it may be privileged, she is free to repeat it at will in other situations."

Even if some of Miskin's statements had been privileged, she waived that right by asking the court to consider her statements made in the university hearings, the court said.

The court said that it could not consider all issues presented in the appeal because Miskin failed to submit a complete transcript of the district court proceedings, which, as the appellant, was her responsibility.

Miskin and Wagner both represented themselves at the appeal hearing.

Miskin said that she does not plan to pay the $3 million because the basis for the decision "was unconstitutional." She said she has filed for a rehearing and plans to appeal the decision to the U.S. Supreme Court.

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For More Information: Wagner v. Miskin, 660 N.W.2d 593 (N.D. 2003)

Read previous coverage:

• U. of North Dakota professor wins libel suit against former student News Flash, 4/17/2002