Morris: Internet is the Wild West of blog posting

March 16, 2011
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commentary-morris-gregWhen you post a comment to a story on a media website, you are responsible for your words. At least that is the case at this time. Contrary to that opinion, many people think hiding behind an anonymous identity online should be a protected right.

This topic has been in the news recently. The Indianapolis Star wrote last week about a Marion County judge’s recently ordering the newspaper to identify anonymous posters to its website as it relates to an expanded defamation lawsuit filed by the former chief executive of Junior Achievement, Jeffrey Miller. The Star reported that WRTV-TV Channel 6 is under a similar order from the judge.

Indianapolis Business Journal, a sister publication of Indiana Lawyer, was pulled into this controversy in the middle of last year. IBJ received a subpoena and was asked to produce documents and records as a non-party in the lawsuit filed by Miller against Junior Achievement and other defendants. The suit alleges defamation, tortious interference with a business and/or contractual relationship, and intentional infliction of emotional distress.

IBJ had written stories last March and April related to Miller’s exit from Junior Achievement and the above-mentioned lawsuit. The paper was asked to provide the identity of seven individuals who posted comments in response to some of those stories. IBJ resisted and a brief was filed on our behalf in support of a motion to quash the subpoena. IBJ did not believe the plaintiff had carried out his legally required burden to show how the request outweighed the First Amendment rights of the individuals he sought to identify.

The motion to quash was overruled and IBJ was required to turn over the identifying information. Most of the posters were operating with anonymous identities. They did not provide true names or e-mail addresses when they registered to post comments. However, whenever a comment is posted, an Internet Protocol address is recorded and that is where identities can be uncovered.

The Internet is a wonderful and amazing thing. But navigating it is like operating in the Wild West. There is little conformity and there are few rules. The rules that do exist seem to change daily. In the world of printed newspapers, there are fairly clear operating standards and libel laws that are meant to protect freedom of speech and the rights of individuals. Libel law strikes a balance between the protection of reputation and our “profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open.” (New York Times v. Sullivan, 1964) In Indiana, this has been ruled to mean that a statement is not libelous unless it is a false statement that is harmful to someone’s reputation and made with actual malice. This protection under the First Amendment is afforded everyone, even those who post comments anonymously. 

But protections are less clear as they apply to learning the identity of those who post anonymously. The recent court orders discussed here send a message that you cannot make allegedly libelous comments and hide behind an anonymous identity in cyberspace. Some would argue that you should be able to, but why shouldn’t we require true identities on the Internet? We wouldn’t print a letter to the editor without believing we had a real name.

I predict we will see a lot more legal activity in this area before it’s all done. Could we see a Supreme Court decision someday? It’s possible. There are no easy answers. You need to be accountable for your words. But how do we prevent an avalanche of lawsuits that could intimidate people into being afraid to voice their opinions?

There is no doubt that some of the comments get out of control on many websites. It is a full-time job monitoring them. We leave comments up in their entirety or remove them. They are never altered. IBJ has wrestled with how to deal with this national phenomenon. We want to encourage reader interaction and expression of views, but there are rules. Here’s a partial list of those rules:

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive or hateful.

Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal.

You are legally responsible for what you post and your anonymity is not guaranteed.

The online conversation and debate will continue. As it does, let’s remember we are responsible for our words.•

Greg Morris is publisher of IBJ, and president of IBJ Media. To comment on this column, send e-mail to


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.