Friday, November 11, 2005

It took about 20 minutes to get this info.

Main Entry: ad·ver·tise 1 : to make something known. a : to make publicly and generally known b : to announce publicly especially by a printed notice or a broadcast c : to call public attention to especially by emphasizing desirable qualities so as to arouse a desire to buy or patronize :

Main Entry: 1 pub·lic a : exposed to general view : of, relating to, or affecting all the people or the whole area of a nation or state b : of or relating to a government c : of, relating to, or being in the service of the community or nation a : of or relating to people in general 4 : of or relating to business or community interests as opposed to private affairs :

http://www.firstamendmentcenter.org//news.aspx?id=15890&SearchString=blogs also has several other related articles worth reading

A U.S. District Court in Washington state allowed NoGuano to object to the subpoena (as “John Doe”) and the court sustained the objection. The First Amendment, said the court, protects the anonymity of Internet speech. It called anonymous speech a “great tradition that is woven into the fabric of this nation’s history,” and added that “the ability to speak one’s mind on the Internet without the burden of the other party knowing all the facts about one’s identity can foster open communication and robust debate."

People who have committed no wrongdoing should be free to participate in online forums without fear that their identity will be exposed under the authority of the court,” the district court said.

The court devised a strategy to balance the interests in protecting a party’s online anonymity with preserving an opposing party’s right to sue for libel if warranted. The ruling announced a four-part test, such that the identity of an anonymous Internet user could be disclosed if: “(1) the subpoena seeking the information was issued in good faith and not for any improper purpose; (2) the information sought relates to a core claim or defense; (3) the identifying information that is directly and materially relevant to that claim or defense, and (4) information sufficient to establish or to disprove that claim or defense is unavailable from any other source.”

all emphasis is MINE!

2 Old Comments:

Amazing that an 'amateur' like you found the info in 20 minutes, but our free speech advocates at the Tribune, who are paid to report this stuff, couldn't manage to find anything like this with relation to the Great Falls Leaderless!

By Blogger GeeGuy, at 10:53 PM  

I found the firstamendmentcenter site months ago with a Google search. Actually, it is pretty simple. The Internet has opened a lot of doors for people to find things. You just have to look, and I say shame on people for making statements and judgements with out knowing the facts. I believe this issue will be coming to the publics attention very soon, and it is important to know our rights.

By Blogger a-fire-fly, at 12:42 PM