Thursday, October 06, 2005
Anonymous bloggers score victory in court
Just saw this linked off the Drudge Report. I'm curious how you feel about this decision.
"In a decision hailed by free-speech advocates, the Delaware Supreme Court on Wednesday reversed a lower court decision requiring an Internet service provider to disclose the identity of an anonymous blogger who targeted a local elected official.
In a 34-page opinion, the justices said a Superior Court judge should have required Smyrna town councilman Patrick Cahill to make a stronger case that he and his wife, Julia, had been defamed before ordering Comcast Cable Communications to disclose the identities of four anonymous posters to a blog site operated by Independent Newspapers Inc., publisher of the Delaware State News.
In a series of obscenity-laced tirades, the bloggers, among other things, pointed to Cahill's "obvious mental deterioration," and made several sexual references about him and his wife, including using the name "Gahill" to suggest that Cahill, who has publicly feuded with Smyrna Mayor Mark Schaeffer, is homosexual.
In June, the lower court judge ruled that the Cahills had established a "good faith basis" for contending that they were victims of defamation and affirmed a previous order for Comcast to disclose the bloggers' identities.
One of the bloggers, referred to in court papers only as John Doe No. 1 and his blog name, "Proud Citizen," challenged the ruling, arguing that the Cahills should have been required to establish a prima facie case of defamation before seeking disclosure of the defendants' identities."
Here's a link to the full story: http://www.breitbart.com/news/2005/10/06/D8D2LHF06.html
"In a decision hailed by free-speech advocates, the Delaware Supreme Court on Wednesday reversed a lower court decision requiring an Internet service provider to disclose the identity of an anonymous blogger who targeted a local elected official.
In a 34-page opinion, the justices said a Superior Court judge should have required Smyrna town councilman Patrick Cahill to make a stronger case that he and his wife, Julia, had been defamed before ordering Comcast Cable Communications to disclose the identities of four anonymous posters to a blog site operated by Independent Newspapers Inc., publisher of the Delaware State News.
In a series of obscenity-laced tirades, the bloggers, among other things, pointed to Cahill's "obvious mental deterioration," and made several sexual references about him and his wife, including using the name "Gahill" to suggest that Cahill, who has publicly feuded with Smyrna Mayor Mark Schaeffer, is homosexual.
In June, the lower court judge ruled that the Cahills had established a "good faith basis" for contending that they were victims of defamation and affirmed a previous order for Comcast to disclose the bloggers' identities.
One of the bloggers, referred to in court papers only as John Doe No. 1 and his blog name, "Proud Citizen," challenged the ruling, arguing that the Cahills should have been required to establish a prima facie case of defamation before seeking disclosure of the defendants' identities."
Here's a link to the full story: http://www.breitbart.com/news/2005/10/06/D8D2LHF06.html
# posted by Melissa Smith @ 8:07 PM 
Comments:
<< Home
Government officials are in the position to be the target of opinions. It seems silly that thru an online blogg these officials would get offended. Sure it could been seen as offensive but when people get upset over an issue they need an outlet to let it out and they decided to post a blogg..in a sense almost harmless.
Well in internet lingo it sounds like these people were flamers, probably posting information just to stir up an argument on the web. I believe this situation could have been handled better. Cahill could have requested that the offensive comments be removed since they were specifically attacking him and not encouraging true discussion.
As Kristina mentioned the blog monitor was not doing a good job, and the first step in resolving this sort of conflict on the web is to contact the person who can remove and band "flamers."
Post a Comment
As Kristina mentioned the blog monitor was not doing a good job, and the first step in resolving this sort of conflict on the web is to contact the person who can remove and band "flamers."
<< Home
