Carrier v. FreethoughtBlogs Network, 2:16-cv-00906

Background

Richard Carrier, an author and public figure, sued FreethoughtBlogs and several non-Ohio individuals/entities for defamation and related torts based on social-media and blog posts about alleged sexual harassment.
Carrier moved from California to Ohio at the end of May 2016; the challenged posts were published in mid‑June 2016, a few weeks after his relocation.
Defendants are residents or businesses of Arizona, Minnesota, and Missouri; none are Ohio domiciliaries or organized in Ohio.
Plaintiff alleges the posts were republished and caused injury in Ohio and that some posts were intended to influence Ohio‑based organizations (SSA and Camp Quest).
Defendants moved to dismiss for lack of personal jurisdiction and improper venue after limited jurisdictional discovery; they requested an evidentiary hearing, which the court denied.
The district court dismissed the complaint without prejudice for lack of personal jurisdiction, concluding Carrier failed to make a prima facie showing under Ohio’s long‑arm statute and the Due Process Clause.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ohio's long‑arm statute (R.C. §2307.382(A)(6)) applies	Carrier: posts caused tortious injury in Ohio; defendants knew or reasonably expected injury would occur in Ohio because Carrier had announced his move	Defendants: no evidence they knew Carrier was an Ohio resident when they published; conduct occurred outside Ohio	Court: Mostly no — Carrier failed to show defendants (except arguably Frank‑Skiba) knew of his Ohio residency when publishing, so long‑arm not satisfied for most defendants
Whether exercise of personal jurisdiction comports with Due Process (specific jurisdiction)	Carrier: defendants purposefully directed tortious conduct at Ohio (injury felt in Ohio; targeted Ohio organizations)	Defendants: posts were national/international in scope, non‑commercial social media/blog posts, no specific targeting or continuous contacts with Ohio	Court: No — insufficient minimum contacts; posts not expressly aimed at Ohio; Calder/Zippo analyses favor dismissal
Whether an evidentiary hearing on jurisdiction was required	Carrier: opposed; argued record sufficient after jurisdictional discovery	Defendants: requested hearing to resolve jurisdictional facts	Held: Denied — even accepting Carrier’s facts, no sufficient basis for jurisdiction; prima facie standard fails
Whether dismissal should be without prejudice and venue resolved	Carrier: sought tolling if case dismissed	Defendants: argued venue improper	Held: Complaint dismissed without prejudice for lack of personal jurisdiction; court did not reach venue issue; denied tolling motion as moot previously

Key Cases Cited

Theunissen v. Matthews, 935 F.2d 1454 (6th Cir.) (plaintiff bears burden to show personal jurisdiction; prima facie standard pre‑trial)
Air Prods. & Controls, Inc. v. Safetech Int'l, Inc., 503 F.3d 544 (6th Cir.) (prima facie standard when deciding 12(b)(2) on written submissions)
Am. Greetings Corp. v. Cohn, 839 F.2d 1164 (6th Cir.) (discussing prima facie showing for jurisdiction)
Daimler AG v. Bauman, 571 U.S. 117 (Supreme Court) (limits on general jurisdiction)
Schneider v. Hardesty, 669 F.3d 693 (6th Cir.) (Ohio long‑arm statute and constitutional limits)
Kauffman Racing Equip., LLC v. Roberts, 930 N.E.2d 784 (Ohio) (Ohio Supreme Court applying R.C. §2307.382(A)(6) in online defamation context)
Calder v. Jones, 465 U.S. 783 (Supreme Court) (effects test for intentional torts directed at the forum)
CompuServe, Inc. v. Patterson, 89 F.3d 1257 (6th Cir.) (contacts must proximately result from defendant’s actions)
Burger King Corp. v. Rudzewicz, 471 U.S. 462 (Supreme Court) (purposeful availment principle)
Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa.) (interactive v. passive website sliding scale)
Reynolds v. Int'l Amateur Ath. Fed'n, 23 F.3d 1110 (6th Cir.) (distinguishing Calder where forum was not focal point)
Walden v. Fiore, 571 U.S. 277 (Supreme Court) (plaintiff cannot be sole link to forum for jurisdiction)
Binion v. O'Neal, 95 F. Supp. 3d 1055 (E.D. Mich.) (social media posts aimed at national audience insufficient for jurisdiction)