ILNews

Supreme Court vacates transfer in Star commenter case

Back to TopCommentsE-mailPrintBookmark and Share

The Indianapolis Star has signaled an intent to comply with a court order to identify an anonymous online commenter whose remarks about a former Junior Achievement leader are part of a defamation lawsuit, according to an attorney representing the former executive.

The disclosure came days after the Indiana Supreme Court chose not to further review long-running litigation involving whether the newspaper must reveal the identity of the online commenter. The court’s decision to vacate transfer came one day after justices heard oral arguments.

Jan Carroll Carroll

Former Junior Achievement of Indiana CEO Jeffrey Miller 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 Junior Achievement. Miller sued the The Star after it refused to provide identifying information about an anonymous online commenter he claims made comments that constitute defamation.

The Supreme Court issued an order Sept. 27 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.

Attorney Kevin Betz of Betz+Blevins represents Miller and said on Oct. 4 that The Star had responded to a letter seeking enforcement of the court order. Betz said The Star indicated in its response it was “working to comply” with the order. Betz+Blevins threatened to seek a contempt order against the newspaper if it didn’t comply with the court order.

Betz said the newspaper had provided some non-digital information, but he said, “We’re still waiting for full compliance from The Star as to the digital information, the electronic information that was ordered by the court and has gone through the appellate system twice.”

Attorneys for The Star did not respond to messages seeking comment, but after the court’s ruling, Barnes & Thornburg LLP partner Mark J. Crandley 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.”

Barnes & Thornburg attorney Jan Carroll made The Star’s case during oral arguments 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 about Miller 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 the comment.  

Betz argued to the Supreme Court 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.”

Betz said in an interview the delay in identifying the commenter has “made it far more difficult to put all the pieces together in this defamation action that has alleged improper activity between many of the defendants, and that claim has survived summary judgment for several of the defendants.”

Betz said Miller’s defamation case is scheduled for trial Jan. 14, 2014, before Marion Superior Judge Michael Keele, who granted the order requiring The Star to identify DownWithTheColts.

Going forward, anonymous online comments will be less of a factor for The Star, which has since modified the comments section of its website so that users must now use a Facebook login.•

ADVERTISEMENT

Post a comment to this story

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.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

ADVERTISEMENT