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Justices pass on Star anonymous online commenter case, reinstate order to identify

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The Indiana Supreme Court chose not to further review long-running litigation involving whether The Indianapolis Star must reveal the identity of an online commenter. The decision came one day after justices heard oral arguments.

The court issued an order Friday reinstating the divided Court of Appeals ruling in Indiana Newspapers, Inc. v. Miller, 980 N.E.2d 852 (Ind. Ct. App. 2012), aff’d on reh’g (Ind. Ct. App. 2013). That order required The Star to provide identifying characteristics of a commenter who posted a comment on IndyStar.com under the screen name DownWithTheColts.

The court’s one-page order doesn’t explain why justices opted to vacate transfer, a 4-1 decision from which Justice Loretta Rush dissented.

At issue are comments directed at former Junior Achievement of Indiana CEO Jeffrey Miller, who has sued multiple parties for defamation and sought to add people who made anonymous comments on news organization websites that ran stories about Miller and JA.

Attorney Kevin Betz of Betz+Blevins argued to the Supreme Court on Thursday that the litigation had gone on far too long and The Star had been under court orders for more than a year to turn over identifying information about DownWithTheColts.

“Jeff Miller is a simple, proud man who for three years has fought for his constitutional right to repair his reputation,” Betz told the justices.

“This is not First Amendment protected speech,” he said. “This is vile, mean-spirited speech. … It was a concerted effort to smear Mr. Miller.”

Barnes & Thornburg attorney Jan Carroll argued that the First Amendment considerations merited the high court’s review, and that the speech of DownWithTheColts was precisely the kind that warrants protection.

“Nobody sues because Eddie Haskell says something nice about them,” Carroll said. She noted that the comments failed to pass a believability test and there was a lack of evidence on a defamation claim because Miller had shown people continued to believe he was a man of integrity.

“There still has to be a showing of causation, and that people believed it,” Carroll said of DownWithTheColts’ comments.  

Carroll could not be reached for comment on Monday, but Barnes partner Mark J. Crandley who worked on the litigation said The Star would consider its response to the ruling and is “going to look at every possible angle.”

“Obviously it’s a very complicated situation, and we’re going to have to look at what the denial of transfer means,” Crandley said. “Given the First Amendment implications, we definitely want to take a good hard look at what the options are.”

Betz said his client, too, was reviewing the decision and after it’s certified, “We’ll be considering what to do next, including filing a motion for contempt with the trial court.” Betz said for nine months The Star has had an order to turn over the information with no stay from a court.

The Star has since modified the comments section of its website and users must now post comments using a Facebook login.
 
Thursday’s oral arguments in the case may be viewed online here.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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