A Texas appeals court today upheld the rights of Internet bloggers in Texas to write anonymously.
It's the latest ruling in an emerging consensus of state and federal courts in insisting that plaintiffs present sufficient evidence to show they could win at trial before gaining access to information identifying anonymous speakers.
The opinion issued by Justice Jack Carter of the Texas Court of Appeals for the Sixth Appellate District at Texarkana concerned aa blog about the Paris Regional Medical Center in Paris, Texas, which included analysis of problems at the hospital.
"Claiming a concern for patient privacy, Essent, the operator of the Medical Center, sued for defamation, and immediately sought to identify the employees who, Essent claimed, were revealing confidential patient information in the course of criticizing abuses at the hospital," explained Paul Alan Levy, an attorney who runs the Internet Free Speech program at Public Citizen.
The anonymous blogger, represented by James Rodgers of the Moore Law Firm in Paris, sought to block discovery but District Judge Scott McDowell upheld the request. However, the court of appeals has now reversed the case and sent it back to the lower court for further consideration.
"In ruling, the appellate court recognized that although Internet anonymity can be abused, the right to speak anonymously online is protected by the First Amendment," Levy said. "That right cannot be denied if no real evidence exists supporting the plaintiffs claims of wrongdoing."
Otherwise, Levi explained, the very threat of litigation will have a serious chilling effect on anonymous speech.
The court also agreed with rulings in other states that declare an anonymous blogger has standing to oppose discovery even though the discovery demand is directed to a third-party Internet hosting service, and that a blogger has the right to appeal if their request for anonymity is denied.
Public Citizen was not involved with the case but has argued similar cases on behalf of anonymous bloggers.
