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Pastimes : Investment Chat Board Lawsuits
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To: Jeffrey S. Mitchell who wrote (2419)1/24/2002 8:43:57 AM
From: StockDung  Read Replies (2) of 12465
 
Nonparty anonymous posters. At least one court has considered a request for discovery concerning the identity of a nonparty anonymous posters. In Anderson v. Hale, 2001 U.S. Dist. LEXIS 6127 (N.D. Il. 2001), a federal district court held that Internet account information for members of a church who posted anonymously on the church's Web site is not subject to discovery in civil rights litigation against the church and its founder. The court held that discovery of the information would chill the First Amendment associational rights of the church members and the harm resulting from the disclosure was not outweighed by a sufficient showing of need on the part of the plaintiff for the information sought. See also Doe v. 2TheMart.com, 140 F. Supp. at 1095 (commenting in dicta that disclosing the identity of a nonparty witness "is only appropriate in the exceptional case where the compelling need for the discovery sought outweighs the First Amendment rights of the anonymous speaker").

eon.law.harvard.edu
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