Defamation Claims Not Enough to ID Blogger

[The Straight Story]

Defamation Claims Not Enough to ID Blogger


SAN JOSE, Calif. (CN) - An anonymous blogger's identity will remain secret for now, a federal judge ruled, finding that the blogger's First Amendment rights outweigh discovery needs in a defamation case.

"The court may also examine the possibility that disclosure will deter other would-be critics or bloggers from exercising their First Amendment rights," the decision states.

Identified only by the pseudonym "Skywalker," the blogger is allegedly one of many bloggers who wrote disparaging comments in November 2010 about the Art of Living Foundation. The foundation's founder, spiritual leader Ravi Shankar, who bears no relation to the renowned sitarist of the same name, claims the bloggers are disgruntled former students. They allegedly exposed trade secrets by publishing the foundation's spiritual materials and portrayed it as "a manipulative and abusive cult," according to the complaint.

Google and Automattic, which own the blogs in question, issued subpoenas to identify the authors. U.S. District Judge Lucy Koh found last week that the foundation's discovery needs do not trump First Amendment protections. "Given that AOLF has chapters in 140 countries and is 'one of the United Nations' largest volunteer-based NGOs,' Skywalker's condemnation of the organization is clearly a matter of public interest," she wrote. "Contrary to plaintiff's assertions, evidence of copyright infringement does not automatically remove the speech at issue from the scope of the First Amendment."

http://www.courthousenews.com/2011/11/16/41510.htm

[msongs]

1. being spiritual requires use of "trade secrets"? umm maybe fleecing people does, I dunno nt