Decisions Roundup: Media Shield Law Protects Anonymous Comments Posted On Newspaper Website

Case: Russ Doty v. Brad Molnar

Court: Montana District Court

Date: Sept. 3, 2008

Facts: Russ Doty, a 2004 candidate for the Public Service Commission in Montana, sued Brad Molnar, his competitor in the election. Doty claimed that during the election, Molnar had libeled him. As part of his lawsuit, Doty attempted to issue a subpoena on the local newspaper, The Billings Gazette, whose message boards contained anonymous commentary that was damaging to Doty. Molnar hoped that the IP addresses, e-mail addresses, and other identity and contact information held by the newspaper would lead him either to witnesses who could provide testimony or in proving that Molnar himself had posted the commentary. The newspaper put in a motion to quash the subpoena based on Montana's Media Confidentiality Act, protecting news organizations from having to disclose sources.

Holding: Judge Todd Baugh granted the motion by The Billings Gazette to quash the subpoena. The judge extended the state's media shield law to also protecting anonymous commentators on a newspaper's Web site. The judge also ruled that the information sought wasn't relevant to the case.

Comments

[Russ Doty]

Anonymous comments--like the false claim that Obama was or is a Muslim--are still the basis of some uninformed right wing opposition to Obama, despite the fact that Obama has never been Muslim has been widely distributed. Before you tout this decision as a victory for free speech, please consider the double edge sword of whose speech gets chilled by it. In this case mine. Every time I post, I get either slandered or maligned. I use my own name. That means I have two choices, either post using a false name in which case, I have less credibility or let the false things people say go unrebutted, which is what they would prefer. Check out one such exchange in the comments after www.billingsgazette.net/articles/2007/12/29/opinion/guest/60-unethical.txt In the past cowards used to do their dirty work under the cloak of darkness and white sheets, now its one or two using several different pseudonyms to make it appear like they have a larger following than they really do and to "create" public opinion or a person hired by special interests to go around the country and try to influence public opinion by saying global warming doesn't exist for example. This ruling, the first amendment, or shield laws will in most instances not protect your identity if you libel or slander. So tell the truth, check it out before you say it and keep it civil.

[Arizona Attorney]

More and more cases shall arise regarding anonymous postings. I think it is something the law makers must begin to consider. There are too many people that abuse postings and in school age children, they use it as a form of bullying. Something should be done.