Df - Doe
the president, chairman of the board, and the chief operating
officer of SFBC.
Doe 6, aka
Senor-Pinche-Wey made various insulting, immature, satirical and
vulgar remarks on the Yahoo financial message board for this
subpoena on Yahoos Record Custodian.
notified Doe 6 to comply with subpoena or file a motion to
Doe 6 filed
motion to squash.
Motion to Quash.
Anonymous Constitutional History (Public Policy)
recognition of the constitutional right to publish anonymously
is a long-standing tradition.
in favor of anonymity may be motivated by fear of economic or
official retaliation, by concern about social ostracism, or
merely by a desire to preserve as much of one's privacy as
Amendment Anonymous Aspect
decision to remain anonymous is an aspect of the freedom of
speech protected by the First Amendment.
Anonymous & Relaxed Style of the Internet
community. Users are able to engage freely in informal debate.
vigorous criticism descends into defamation, however,
constitutional protection is no longer available
to File A complaint
redress by filing suit against their unknown detractors.
notified of a lawsuit by the Web site host or ISP, a defendant
may then assert his or her First Amendment right to speak
anonymously through an application for a protective order or, as
here, a motion to quash the subpoena.
test to ensure that plaintiffs do not use discovery to harass,
intimidate or silence critics in the public forum opportunities
presented by the Internet.
Internet Discovery Test
plaintiff must make an effort
to notify the anonymous poster that he or she is the
subject of a subpoena or
application for a disclosure order, giving a reasonable time for
the poster to file opposition.
plaintiff must also set forth
the specific statements that are
alleged to be
plaintiff must produce
sufficient evidence to state a prima facie cause of
showing is made, then the final step should be undertaken:
to balance the strength of that
prima facie case against the defendant's First Amendment right
to speak anonymously.
consists of an unprivileged publication of false statements
which naturally and proximately result in injury to another.
questioning credentials and personal relationship between
Krinsky and officers
interpreted as asserting or implying objective facts
Doe 6 Mega
Scum Bag. La Cucaracha. Where there is one cockroach
The Pl is
not referred to by name or title and cannot be interpreted as
boobs, losers and crocks
irrational, vituperative [abusive censor] expression of contempt
of the officers and their supporters.
name-calling cannot reasonably be read as stating actual facts.
Doe 6 Will
reciprocate sex acts with Lisa even though she has fat thighs
Unquestionably vulgar, but it was not imparting knowledge of
actual facts to the reader.
that society may find speech offensive is not a sufficient
reason for suppressing it.
unquestionably offensive and demeaning to plaintiff, did not
constitute assertions of actual fact and therefore were not
actionable under Florida's defamation law.
denying Doe 6's motion to quash the subpoena is
trial court is directed to enter a new
order quashing the subpoena to the extent that it
commands Yahoo! to disclose the identity of Senor_Pinche_Wey.
Doe 6 is
entitled to his costs on appeal.