;)
Anonymous complaining online: Free Speech at its Finest
Tuesday, March 3, 2009, 09:33 PM
Posted by Hans K. Meyer
I've had a string of bad luck lately with computers, so much so that I want to shout from the housetops. My beloved Macbook of three years died again and needs its second new logic board, so I've gave up on it. I bought an HP from Circuit City at a discounted rate, but when I got it home, the hard drive was fried, and getting HP customer service to fix it was a nightmare.
But I'm too scared to complain. In researching libel cases for the Principles of American Journalism class I teach at the University of Missouri, I found
this case, and it's a doozy.

Zebulon Brodie, the owner of a Dunkin' Donuts near Baltimore is suing Independent Newspapers, the company behind a local discussion board site, because three anonymous posters made disparaging remarks about his store. The company must reveal the names so his libel case can proceed.
I know the law. I shouldn't be scared. If my complaints are the truth, I have nothing to fear. But I'm baffled why this case is even making the court rounds. Brodie's case has no merit, but it looks to me like the judges are too concerned about the impact of the big bad Internet to see the forest for the trees.
In its ruling, released yesterday, the Maryland Court of Appeals supported at least the qualified right to speak anonymously on the Internet. Sam Bayard, assistant director of the Citizen Media Law Project at Harvard Law School, told the
Washington Post that the decision places the burden of proof squarely on the plaintiff.
"It seems to be pretty much following a recent trend that we've been seeing -- that there is at least a qualified right to speak anonymously on the Internet," Bayard said. "Courts are going to require the plaintiff or others seeking identities to make a heightened showing that they have a valid cause of action."
The Maryland court also issued a strict five-step process on what plaintiffs must prove to obtain the names behind anonymous posts. These guidelines force the defamed to prove actual damages, which Brodie would have a hard time doing in this case.
Here's the first alleged libelous post by CorsiaRiver:
"I wouldn't go to that Dunkin' Donuts of Brodie's anyway ... have you taken a close look at it lately? One of the most dirty and unsanitary-looking food-service places I have seen."
To me, that's a statement that should be decided on its merits. First, is it true? Second, does it clearly identify someone? Last, does it cause any real damage?
And that's why I have a bit of a problem with this case and the rulings. I know I should be glad that one of this nation's high courts is recognizing the right to post anonymously but within limits online. The guidelines the Maryland court offers are succinct and effective. But I have to wonder why do we even care this took place on the Internet? What makes the Internet so different that we have to extend the First Amendment to it, as
this Post story so boldy claims in the subhead?
Yes, the founding fathers probably couldn't predict the rise of the Internet, but they didn't have to. They made the First Amendment so broad that they didn't have to. The rights it affords pertain to all publishing and all forms of speech, whether verbal, print or electronic. What I really wish is the court would have decided this case on its merits and not created new extensions of old rules online. I also don't ever remember where the criteria for free expression forced you to put your name on it.
Let's embrace the Internet for what people like Bayard know it can be.
"There's a long tradition in U.S. history of at least anonymous political speech, and certainly when you contemplate the Internet and the new opportunities it offers, this is the way a lot of speech happens," he said.
So in the spirit of starting the discussion, I am going to rail against Apple and HP after all. Apple uses superior and innovative marketing to convince us its products really aren't the defective pieces of junk, and HP hides behind a telephone system designed to discourage its customers from even complaining at all. There, I said it. I feel better. Let the lawsuits begin. I'm pretty sure I have the law on my side.