2004–2005 ALA CD#22.1
Page 5
5A new legal action, Forensic Advisors, Inc. v. Matrixx Initiatives, Inc., challenges a subpoena seeking to discover the names of persons subscribing to a financial advisor’s newsletter published by Forensic Advisors, Inc. Forensic Advisors is an independentfinancial research firm that analyzes the financial statements and other filings of publicly traded companies and provides this information to investors and creditors. In August 2003, the firm issued a report on a publicly traded company, Matrixx Initiative, Inc., themaker of Zicam cold remedy zinc products. Matrixx Initiatives filed a lawsuit in Arizona, alleging that certain anonymous Internet message board posters have defamed the company. As part of that lawsuit, Matrixx serveda subpoena on Forensic Advisors, seeking a list of the subscribers and the names of news sources, claiming that a subscriber or a source may be the anonymous posters. Forensic Advisors filed a motion to quash with the Maryland courts, but lost its initial motion. It is now appealing that decision to the Maryland Court of Special Appeals. FTRF has joined with Public Citizen to file an amicus curiae brief supporting the right to read anonymously. Also joining in the brief are ABBFE, AAP, the Electronic FrontierFoundation (EFF), Electronic Privacy Information Center (EPIC), the ACLU of theNational Capital Area, and the Reporters Committee for Freedom of the Press. The parties are awaiting a decision
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