by Traverse Legal, reviewed by Enrico Schaefer - November 2, 2009 - k. Internet Defamation Cases
A recent article over at Ars Technica illustrates how courts will limit anonymity when it serves only to protect the origin of defamatory statements posted on the Internet. Despite the protections of the Communications Decency Act, courts will often require that the identity of an anonymous blogger be revealed in an internet defamation lawsuit.
Swartz v. Does involved a couple in Tennessee that were involved in local politics, owned a real estate business, and operated a halfway house. An anonymous blogger created a blog, titled Stop Swartz, that alleged that the Swartzes had committed arson, that they were drug addicts, and that they had failed to report their property sales correctly. The Swartzes subpoenaed Google to determine the identity of the anonymous blogger, and the blogger filed a motion to quash. This motion was denied, but the court granted a temporary Protective Order to keep the blogger’s identity a secret. The blogger then filed a motion to dismiss that argued that his actions were protected by the Communications Decency Act and the First Amendment. In the subsequent internet defamation lawsuit, the court ultimately ruled that the Swartzes had a right to learn the identity of the blogger and that, though anonymous speech is entitled to First Amendment protection, the protection of anonymous speech on the Internet is limited by defamation concerns.
If you have been the victim of Internet defamation, slander, or libel, please contact one of our expert Internet defamation lawyers.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
