Right to Internet anonymity in Delaware

[David Farber <dave () farber net>]

Begin forwarded message:

From: Paul Levy <plevy () citizen org>
Date: August 1, 2005 3:19:47 PM EDT
To: dave () farber net
Subject: Right to Internet anonymity in Delaware


The Delaware Supreme Court has agreed to hear a case about the standards
for deciding whether to identify an Internet critic who has been sued by
a political figure claiming defamation.  The trial judge decided that,
so long as the plaintiff has sued in good faith, there is no need to
examine the basis for the suit  before deciding to strip a citizen
critic of his anonymity.  In a brief we filed today in conjunction with
EFF and the ACLU, we have argued that Delaware should follow the modern
trend that requires the plaintiff to show that the claims are legally
valid and to provide evidence in support of the claims before compelling
the identification of his anonymous critics.  Our brief can be found at
http://www.citizen.org/documents/Appellate%20Amicus%20Brief.pdf

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation


> > > Valerie Collins 08/01/05 02:22PM >>>
For Immediate Release:                 Contact: Valerie
Collins (202) 588-7742
Aug. 1, 2005                                    Paul
Levy (202) 588-1000

Internet Critic of Delaware Politician Has Right to Anonymity, Public
Citizen Tells Court

Message Board Poster Criticized Smyrna Town Council Member's Job
Performance

WASHINGTON, D.C. - A person who posted Internet messages criticizing a
Delaware politician's leadership skills has a right to remain anonymous,
Public Citizen urged the Supreme Court of Delaware today in a "friend of
the court" brief. The American Civil Liberties Union, the Electronic
Frontier Foundation and the American Civil Liberties Union of Delaware
also joined the friend of the court brief.

The Internet critic, known in court documents as John Doe No. 1, posted
two messages on the Smyrna/Clayton Issues Blog (web log) in September
2004. The messages stated that Patrick Cahill, a member of the Smyrna
Town Council, had diminished leadership skills, energy and enthusiasm,
and  referred to Cahill's "character flaws," "mental deterioration," and
"failed leadership." John Doe No. 1, known as "Proud Citizen" on the
blog, also stated, "Gahill [sic] is…paranoid."

On November 2, Cahill and his wife sued John Doe No. 1 and three other
anonymous critics, claiming that John Doe No. 1 had accused Cahill of
suffering from "mental defects and diseases," and that the misspelling
of his name implied he was "engaging in extramarital, homosexual
affairs." Without notice to the critics, the Cahills sought to identify
the critics through a subpoena to the Internet access provider, which
notified the four critics of the subpoena.

John Doe No. 1 attempted to nullify the subpoena, arguing the
disclosure would violate his First Amendment right to criticize a public
official anonymously, but the trial court denied the motion. John Doe
No. 1 appealed.

Public Citizen, which has been a strong defender of First Amendment
rights on the Internet, urged the court to allow John Doe No. 1 to
remain anonymous. Blogs provide individuals such as Cahill the
opportunity to immediately respond to postings they believe are false or
misleading at no cost, argued Paul Alan Levy, a Public Citizen attorney.
Further, courts have ruled that subpoenas seeking the names of anonymous
speakers can chill free speech, and those courts have upheld the right
to communicate anonymously over the Internet.

"The blog postings at issue here contained standard criticism of a
public official's job performance - not defamatory statements - and it
was well within John Doe No. 1's right to make the comments," Levy said.
"We urge the court to rule that this Internet critic has a First
Amendment right to speak anonymously on the Internet."

Norman Monhait of Wilmington, Delaware, and Lawrence Hamermesh of
Wilmington, Delaware, served as local counsel.

###

Public Citizen is a national, nonprofit consumer advocacy organization
based in Washington, D.C. For more information, please visit
www.citizen.org.




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