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February 7, 2008

California Court Quashes Subpoena to Name Web Forum Critic

There is a First Amendment right to say terrible things about someone anonymously on the Internet as long as they are not assertions of fact, or at least rise to the level of establishing a prima faciae case of defamation.  Lisa Krinsky sued in tort and asked the trial court to issue subpoenas to determine the names of critics on a Yahoo! forum.  The California Court of Appeals for the 6th District quashed the subpoena after analyzing the statements.  As tasteless as they were, and they were tasteless, they were not libelous.  The opinion is here.  News about the case is here and here.

February 7, 2008 | Permalink


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