This site will look much better in a browser that supports web standards, but it is accessible to any browser or Internet device.

Atlas Blogged
   Quote of the Day

The power to tax is the power to destroy.

-John Marshall

   Recent Comments
   Categories
   Administrivia

The Neolibertarian Network

Syndicate this site (XML)
XHTML | CSS
Blogarama - The Blog Directory
blog search directory Listed on BlogShares

« The Problem With the Democrats | Main | Al Gore: Democracy in Danger, so Democratize TV! »

October 6, 2005

You Can Dafame Your City Council, Anonymously

This week, the Delaware Supreme Court upheld the right of The People to anonymous speech and publication, including blogging. Score one for bloggers.

The case centers on an earlier court order requiring an ISP to disclose the identity of an anonymous blogger who targeted a local elected official for some unflattering comments. The blogger appealed;

arguing that the [defamed politician] should have been required to establish a prima facie case of defamation before seeking disclosure of the defendants' identities. The Supreme Court agreed...

After reading parts of the 34-page opinion, I have to say that I love Chief Justice Myron Steele.

Steele described the Internet as a "unique democratizing medium unlike anything that has come before," and said anonymous speech in blogs and chat rooms in some instances can become the modern equivalent of political pamphleteering. Accordingly, a plaintiff claiming defamation should be required to provide sufficient evidence to overcome a defendant's motion for summary judgment before a court orders the disclosure of a blogger's identity. "We are concerned that setting the standard too low will chill potential posters from exercising their First Amendment right to speak anonymously," Steele wrote. "The possibility of losing anonymity in a future lawsuit could intimidate anonymous posters into self-censoring their comments or simply not commenting at all."

Under the standard adopted by the Supreme Court, a plaintiff must first try to notify the anonymous poster that he is the subject of subpoena or request for a court to disclose his identity, allowing the poster time to oppose the request. The plaintiff would then have to provide prima facie evidence of defamation strong enough to overcome a summary judgment motion.

If you are interested in reading the ruling, I found it InTheAgora. If you are interested in defaming Patrick Cahill and his wife, Julia, feel free. (Mr Cahill is the Smyrna, DE city councilman involved in this case, and he seems like an ass to me). If you are interested in defaming your own elected officials, please share your comments with us here - it's protected.

Wulf Posted by Wulf on October 6, 2005 at 08:42 PM

Trackback Pings

TrackBack URL for this entry:
http://www.atlasblogged.com/cgi-bin/mt/mtb.cgi/119

Comments

Post a comment

Thanks for signing in, . Now you can comment. (sign out)

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)


Remember This Information?