« Ind. Courts - Still more on: Community Pharmacies files to enjoin FSSA 38% dispensing fee reduction | Main | Ind. Gov't. - General Assembly mistakenly repeals FSSA, effective June 30, 2011 »

Saturday, July 09, 2011

Ind. Courts - "EFF and Five News Organizations Ask Indiana Court to Protect Anonymity of Indy Star Commenter"

From a lengthy March 3, 2011 story by Mikel Livingston of the Lafayette Journal Courier:

A pair of recent court rulings out of Marion County could have widespread ramifications for news media outlets and the readers and viewers who post on their online forums.

In separate rulings, Marion County Superior Court Judge Scherry "S.K." Reid ruled that the Indianapolis Star and the Indiana Business Journal must turn over identifying information for Internet users who posted anonymous comments on online forums run by those news outlets.

Here is a list of the earlier ILB entries on this issue.

Add to that list this July 7, 2011 post on the Electronic Frontier Foundation (EFF) website, written by Marcia Hofmann:

EFF and five news organizations recently filed an amicus brief (pdf) urging an Indiana appeals court to block a subpoena seeking to expose the identity of an anonymous speaker who posted a comment on the Indianapolis Star's website. This is a case of first impression in Indiana.

The subpoena stems from an underlying lawsuit filed by the former head of Junior Achievement of Central Indiana, a non-profit whose mission is to teach children about business management and finance. Among other things, Jeffrey Miller alleges that Junior Achievement and two of its high-level officers defamed him by claiming that he misappropriated money from the organization.

After the Indianapolis Star published the article Junior Achievement Faces Questions, Audit on indystar.com, a reader anonymously posted a comment suggesting that the leaders of the organization might have mismanaged its finances. Miller fired off a subpoena to the Star seeking to unmask the poster. The newspaper is fighting the demand (ILB- this is the Star's brief, via the EFF) to protect the poster's anonymity. * * *

The coalition's amicus brief encourages the court to adopt strong protections for online anonymity. It also explains Indiana's long tradition of anonymous commentary on public affairs and highlights the state's strong constitutional protections for free expression.

Note: The ILB posted on March 3rd a copy of Judge Reid's brief Order Compelling Non-Party Discovery against the Indianapolis Star.

The ILB also would be pleased to post the other briefs and the trial court ruling(s) ...

Posted by Marcia Oddi on July 9, 2011 08:39 AM
Posted to Indiana Courts