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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 gmorris@ibj.com.

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COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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