Thursday, October 06, 2005
Public Citizen Oct. 5, 2005: "WASHINGTON, D.C. -- In a victory for free speech on the Internet, the Delaware Supreme Court reversed an order today enforcing a subpoena to identify a citizen who anonymously posted criticism of a member of the Smyrna Town Council.
The court recognized the enormous chilling effect that such subpoenas can have on constitutionally protected speech and the need for a strong legal standard to ensure that identification is ordered only in cases in which the plaintiff has a real likelihood of proving that the speech is wrongful. At the same time, the court’s decision ensured that those who are harmed by defamatory statements online will have the ability to seek recourse.
The case involved an Internet critic, known in court documents as John Doe No. 1, who posted two messages on the Smyrna/Clayton Issues Blog (web log) in September 2004. The messages stated that Patrick Cahill, a member of the Smyrna Town Council, had diminished leadership skills, energy and enthusiasm, and referred to Cahill’s "character flaws," "mental deterioration" and "failed leadership." John Doe No. 1, known as "Proud Citizen" on the blog, also stated, "Gahill [sic] is . . . paranoid."
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