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COA to consider journalistic shield protections for anonymous online comments

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The Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century: whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information that could help reveal the identities of people posting anonymous comments online.

A three-judge panel made up of Judges Carr Darden, Ezra Friedlander and Nancy Vaidik will hear arguments at 1 p.m. Monday in the Indiana Supreme Court’s courtroom in the case of The Indianapolis Star v. Jeffrey M. Miller, et al., Case No. 49A02-1103-PL-234.

The Marion County case involves newspaper coverage of Jeffrey Miller, the former president and CEO of a non-profit youth education group known as Junior Achievement of Central Indiana. In March 2010, The Indianapolis Star published an article about an audit the organization was facing and a reader, known as “DownWithTheColts” posted a comment on the online story, saying the state attorney general should investigate Miller about missing money.

Miller and his wife, Cynthia, filed a complaint against officials with Junior Achievement and the Central Indiana Community Foundation on various claims that included defamation, and they later expanded the lawsuit to target the anonymous posters at the Star and Indianapolis Business Journal (a sister publication of Indiana Lawyer). Specifically relating to the Star, Miller sought non-party discovery to turn over information about the identity of “DownWithTheColts.”

Marion Superior Judge S.K. Reid last year ordered that information be turned over. The information is typically an Internet protocol address or Internet service provider that an attorney can use to subpoena the provider for the poster’s real name. The Star contested the disclosure order, and earlier this year Reid ruled that an Indiana journalism shield law that protects reporters from having to reveal their sources does not protect websites from being forced to disclose who made anonymous posts.

This is the first ruling of its kind in Indiana, and this case is part of a national trend involving claims that target anonymous comments on websites operated by news media and other owners.

On appeal, the Star argues that Indiana’s journalist shield statute, Article 1, Section 9 of the Indiana Constitution and the First Amendment protect the newspaper because it is immune from liability for defamatory material posted by third-party users on the website. Amicus parties that have filed briefs urging the appellate court to block the disclosure include Public Citizen Inc., The Electronic Freedom Foundation and news organizations Lee Enterprises, Lin Television Corp, The E.W. Scripps Company, Gray Television and the Hoosier State Press Association.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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