Anonymity
CMLP Updates Legal Guide Pages on Protections for Anonymous Speech
Legal Protections for Anonymous Speech in Montana
Legal Protections for Anonymous Speech in Oregon
Legal Protections for Anonymous Speech in Tennessee
Legal Protections for Anonymous Speech in Missouri
Legal Protections for Anonymous Speech in New Hampshire
Legal Protections for Anonymous Speech in Maryland
Town of Southborough v. MySouthborough.com
Roebuck v. Trib Total Media, Inc.
Paving Hell: ACTA Encourages Oppression from Friend and Foe Alike
"Fred Ross" Files Anti-SLAPP Motion Against Patterson City Attorney
George Logan v. Fred Ross
McVicker v. Trib Total Media, Inc.
Pennsylvania Court Refuses to Unmask News Website Commenters
Proman v. Google
New York v. The (Chester) Chronicle
The Rhythm Method: Sinking U-boats and Online Anonymity Through Typing Tendencies
Apex Technology Group, Inc. v. Does
Does This Look Infected to You? Government Virus as Counter-Proposal to FBI's URL Demands
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Description:
Slava Lerner, the President of the Galaxy Towers Condominium Association, sought pre-action discovery from Michael Deluca, publisher of GalaxyFacts, a website forum used by Galaxy Towers condo owners to discuss a variety of issues, including the Association’s governance and leadership. Lerner sought the identities of anonymous commenters who "accused [him] of improprieties with Galaxy funds, and 'nasty personal attacks,'" Deluca told the Hudson Reporter.
Initially, a New Jersey trial judge granted Lerner's request to depose Deluca and to obtain information from the website. Subsequently, with the help of Public Citizen, Deluca filed a motion for reconsideration, which the court granted in March 2010.
In an oral ruling, Judge Hector Velazquez held that Rule 4:11-1, the New Jersey rule of civil procedure governing pre-suit discovery, does not authorize pre-suit discovery in order to learn the identities of potential defendants. Citing the Dendrite case, the court explained that “[New Jersey] courts have set forth a procedure whereby a party seeking to file a complaint for defamation can sue anonymous speakers even before he or she knows who they are,” adding that “in those circumstances, pre-complaint discovery would not be appropriate.” Tr. at 22. Because Lerner had not filed a John Doe complaint before seeking discovery, the court denied the requested discovery.