Ars Technica published a story today exploring a recent Maryland Court of Appeals decision calling for a First Amendment inquiry before compelling websites to turn over the information of anonymous posters accused of libel.

Apparently, the anonymous posters won on a minor technicality (they didn’t actually make the posts that they were acused of making).  However, the court decided to provide the following guidance to those plaintiffs seeking to subpoena the personal information of anonymous internet users.

“[I]f all else is satisfied, balance the anonymous poster’s First Amendment right of free speech against the strength of the prima facie case of defamation presented by the plaintiff . . . .”

In addition to what, you ask?  Well, the court seems to think that plaintiffs should also be required to provide exact evidence of the statements made by each poster.  Go figure.

In light of the recent Topix decision, I’m reminded of the song Little Victories by Matt Nathanson.

Related posts:

1. Hentai, Avatars, and the First Amendment
2. Anonymous Thoughts On Laptops In the Classroom
3. Glenn Beck, Parody, and Trademark
4. Defamation Based on Blogging is a Scary Slippery Slope