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Krinsky v. Doe 6, 159 Cal. App. 4th 1154 |
California Court of Appeals |
2008 |
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Chapter |
17 |
Title |
Defamation |
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Page |
745 |
Topic |
Application Of The Actual Malice Standard |
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Quick Notes |
Internet Blog Message posts were not actionable because there assertions were not of actual fact. |
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Book Name |
Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978-1-4224-7220-0. |
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Issue |
o Whether message board posts expressing non-actual facts are actionable? No. |
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Procedure |
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Trial |
o Denied Motion to Quash |
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Appellant |
o Reversed The Df - assertions did NOT constitute assertions of actual fact and were not actionable. |
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Facts |
Reason |
Rules |
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o Pl - Krinsky o Df - Doe 6 What happened? o Krinsky was the president, chairman of the board, and the chief operating officer of SFBC. o Doe 6, aka Senor-Pinche-Wey made various insulting, immature, satirical and vulgar remarks on the Yahoo financial message board for this company. Action o Served subpoena on Yahoos Record Custodian. o Yahoo notified Doe 6 to comply with subpoena or file a motion to quash. o Doe 6 filed motion to squash. Trial Court o Denied Motion to Quash. |
Anonymous Constitutional History (Public Policy) o Judicial recognition of the constitutional right to publish anonymously is a long-standing tradition. o The decision 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 possible.
First Amendment Anonymous Aspect o An author's decision to remain anonymous is an aspect of the freedom of speech protected by the First Amendment.
Relatively Anonymous & Relaxed Style of the Internet o IPS can identify you. o Relaxed community. Users are able to engage freely in informal debate.
Limitations o When vigorous criticism descends into defamation, however, constitutional protection is no longer available
Procedures to File A complaint o May seek redress by filing suit against their unknown detractors. o Once 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.
Four-part test to ensure that plaintiffs do not use discovery to harass, intimidate or silence critics in the public forum opportunities presented by the Internet.
Four-Part Internet Discovery Test o First, the 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. o The plaintiff must also set forth the specific statements that are alleged to be actionable. o Third, the plaintiff must produce sufficient evidence to state a prima facie cause of action. o If this 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.
Defamation o Defamation consists of an unprivileged publication of false statements which naturally and proximately result in injury to another.
Doe 6 questioning credentials and personal relationship between Krinsky and officers o Cannot be interpreted as asserting or implying objective facts
Doe 6 Mega Scum Bag. La Cucaracha. Where there is one cockroach o The Pl is not referred to by name or title and cannot be interpreted as actual fact.
Doe 6 boobs, losers and crocks o This irrational, vituperative [abusive censor] expression of contempt of the officers and their supporters. o Juvenile name-calling cannot reasonably be read as stating actual facts.
Doe 6 Will reciprocate sex acts with Lisa even though she has fat thighs o Unquestionably vulgar, but it was not imparting knowledge of actual facts to the reader.
Courts Reasoning o The fact that society may find speech offensive is not a sufficient reason for suppressing it. o While unquestionably offensive and demeaning to plaintiff, did not constitute assertions of actual fact and therefore were not actionable under Florida's defamation law.
Holding o The order denying Doe 6's motion to quash the subpoena is reversed. o The 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. o Doe 6 is entitled to his costs on appeal. |
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Class Notes |
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Internet Blog Message posts were not actionable because there assertions were not of actual fact.
o The court is balancing the 1st amendment protection v. the right of the P to cover for defamation.
Public Policies Behind Allowing Anonymous Publishing o A way to get controversial things across by persecuted groups (i.e., comes from the Revolutionary Times). o The constitutional right to publish anonymously is a long-standing tradition. o Publishing anonymously 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 possible.
Relaxed Style of the Internet o Relaxed community. Users are able to engage freely in informal debate.
First Amendment Anonymous Aspect o An author's decision to remain anonymous is an aspect of the freedom of speech protected by the First Amendment.
Four-Part Internet Discovery Test o We have the below test to make sure Pl - do not use discovery to harass, intimidate or silence critics in the public forum the opportunities presented by the Internet.
The 3rd prong was not MET in this case. o Did not constitute assertions of actual fact and therefore were not actionable under defamation law. o A lot of the statements were not of or concerning the P
Why did she name them as Doe defendants? Because the names are anonymous.
Why did she sue in Florida? Because it was a diversity cause and she could sue from Florida defendants in California.
Subpoena It a writ for the Df to produce documents.
Motion to Quash A writ to squash
Subpoena is only good for a certain radius. California is where Yahoo who is.
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