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Order compelling Star to name online commenter stayed after arguments

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The Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.

A panel of the court scheduled and heard arguments with dispatch because a trial court order compelled the Star to identify an anonymous online commenter by Nov. 16. The court issued a stay of that order that day and scheduled today’s arguments in Jeffrey M. Miller, et al. v. Junior Achievement, et al., 49A02-1211-PL-898.

At the center of the hearing is whether the Star must reveal the identity of a commenter whose screen name on Indystar.com was DownWithTheColts.

Barnes & Thornburg partner Jan Carroll argued for the Star that the newspaper wasn’t a party to the suit, and that a judge’s order requiring that it divulge a user’s name was a final judgment regarding its involvement in the case.   
 
“Once the bell is rung, it can’t be unrung,” she said. She argued that evidence at the trial court suggested that Miller wasn’t harmed by the comments and that there were larger issues at stake.

“Here we have an important constitutional issue,” Carroll said. “We are here because the Star is in the First Amendment business” and has an obligation and interest to preserve anonymous speech.

Miller’s attorney, Betz & Blevins partner Kevin Betz, argued that the Star was attempting to carve out legal paths to appeals that didn’t comport with rules and that following its strategy would “open up endless appeals.”

Betz said the Star had lost immunity from the Shield Law, that evidence presented at the trial court did establish a presumption of defamation, and that the Star’s appeal was untimely.

On the nature of DownWithTheColts’ online comments, he said, “It’s illegal speech that we want to chill.”

Judges Elaine Brown, Rudolph R. Pyle III and Presiding Judge Edward Najam focused their questions on appellate procedure and how the Star should be considered in applying party and nonparty rules.

Najam said at the close of arguments that the Nov. 16 order staying the trial court order compelling the Star to identify the commenter will continue pending further order of the court.

Miller, former CEO of Junior Achievement of Indiana, sued multiple parties for defamation and sought to add people who made anonymous comments on news organization websites that ran stories about Miller and Junior Achievement. 

The Court of Appeals in February reversed Marion Superior Judge S.K. Reid, who issued an order in 2011 that the news outlets must identify people who posted comments on their websites. The Star appealed whether it had to provide Miller information to help him identify an anonymous commenter. The appellate court ordered the trial court to apply a modified version of the Dendrite test, which comes from New Jersey, under both the federal and state constitutions to determine if Miller satisfied the requirements for obtaining the commenter’s identity. 

The trial court again ordered the newspaper to disclose the commenter’s identity in October.

 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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