October, 03 2008, 03:48pm EDT
Pennsylvania Court's Decision to Protect Majority of Anonymous Online Posters a Win for Free Speech,
Public Citizen Says
WASHINGTON
A ruling that protects the identity of the majority of
anonymous posters on a Scranton, Pa., political Web site is a win for
free speech, Public Citizen said today of an order by Judge Peter J.
O'Brien filed in the Lackawanna Country Court of Common Pleas.
Last October, Scranton City Council President Judy
Gatelli sought a court order requiring Joseph Pilchesky, the host of a
message board on www.dohertydeceit.com,
to reveal the identities of posters whom she accused of defamation,
civil conspiracy and "engaging in a campaign of intentional emotional
distress."
In Gatelli's complaint, she cited 130 messages posted
on the Scranton "Political" Times, a site that links to DohertyDeceit
and which Pilchesky also hosts.
Of the 98 "John Doe" defendants whose identity Gatelli initially sought, only six have been ordered disclosed. None of Public Citizen's seven Doe clients were ordered to be identified.
Public Citizen argued that because Gatelli is an
elected official, her conduct is a fair subject for public comment.
Furthermore, courts have ruled that subpoenas to reveal the names of
anonymous speakers can chill free speech; those courts have upheld the
right to communicate anonymously over the Internet.
"Of course she doesn't like the scathing remarks of
these anonymous commentators. But are we to expose members of the
public just because they express opinions that our political leaders
dislike?" said Paul Alan Levy, the Public Citizen attorney representing
the anonymous defendants.
Both plaintiff Gatelli and defendant Pilchesky have
indicated that they plan to appeal the order. Public Citizen intends
to participate in that appeal on behalf of its clients if Gatelli
continues to seek to identify them, or as a friend of the court
otherwise.
The judge's decision may be found at https://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=427.
George Barron, an attorney in Wilkes-Barre, Pa., was
local counsel for the Doe defendants in opposing discovery. To reach
Barron, visit www.attorneybarron.com.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
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Republican U.S. Sen. Tom Cotton of Arkansas on Tuesday again blocked the passage of House-approved bipartisan legislation meant to shield journalists and telecommunications companies from being compelled to disclose sources and other information to federal authorities.
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Senate Majority Leader Chuck Schumer (D-N.Y.) argued Tuesday that passing the PRESS Act is "more important now than ever before when we've heard some in the previous administration talk about going after the press in one way or another," a reference to Republican President-elect Donald Trump's threats to jail journalists who refuse to reveal the sources of leaks. Trump, who has referred to the press as the "enemy of the people," repeatedly urged Senate Republicans to "kill this bill."
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Trump has picked Harmeet Dhillon as Assistant Attorney General for Civil Rights. She has stated that it must be "made unsafe" for hospitals to provide trans care, and frequently shares Libs of TikTok posts. She intends to target trans people in blue states. Subscribe to support my journalism.
[image or embed]
— Erin Reed (@erininthemorning.com) December 10, 2024 at 8:14 AM
Reed continued:
Dhillon's most prominent work includes founding the Center for American Liberty, a legal organization that focuses heavily on anti-transgender cases in blue states. The organization's "featured cases" section highlights several lawsuits, such as Chloe Cole's case against Kaiser Permanente; a lawsuit challenging a Colorado school's use of a transgender student's preferred name; a case against a California school district seeking to implement policies that would forcibly out transgender students; and a lawsuit against Vermont for denying a foster care license to a family unwilling to comply with nondiscrimination policies regarding transgender youth.
Reed also highlighted Dhillon's attacks on state laws protecting transgender people, as well as her expression of "extreme anti-trans views" on social media—including calling gender-affirming healthcare for trans children "child abuse."
Last year, The Guardian's Jason Wilson reported that the Center for American Liberty made a six-figure payment to a public relations firm that represented Dhillion in both "her capacity as head of her own for-profit law firm and Republican activist."
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