Anonymous Online Speakers v. United States District Court for the District of Nevada (In re Anonymous Online Speakers), 611 F.3d 653 (2010), is a decision by the Ninth Circuit lowering the standard a plaintiff must meet to compel identification of anonymous posters on the Internet.
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| - Anonymous Online Speakers v. United States District Court for the District of Nevada (In re Anonymous Online Speakers), 611 F.3d 653 (2010), is a decision by the Ninth Circuit lowering the standard a plaintiff must meet to compel identification of anonymous posters on the Internet. (en)
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| - Anonymous Online Speakers v. United States District Court for the District of Nevada (en)
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| - Anonymous Online Speakers v. United States District Court for the District of Nevada (In re Anonymous Online Speakers), 611 F.3d 653 (2010), is a decision by the Ninth Circuit lowering the standard a plaintiff must meet to compel identification of anonymous posters on the Internet. Quixtar, Inc. sued its competitor Signature Management TEAM, LLC for tortious interference with existing contracts. Quixtar claimed that TEAM created an Internet smear campaign involving anonymous postings of content that discredited Quixtar and its business practices. The district court ordered TEAM to identify three of the five anonymous authors who posted content about Quixtar. The Anonymous Online Speakers petitioned to the Ninth Circuit, challenging the district court’s order. Quixtar cross petitioned to the Ninth Circuit for a writ of mandamus which, if granted, would force TEAM to identify the remaining speakers. Since neither Quixtar nor TEAM demonstrated "an entitlement to the extraordinary relief" that would be granted by the writ, both parties were denied their requested petitions. The Ninth Circuit recognized that First Amendment protection applied to online speech. The Ninth Circuit decided that the nature of the speech should determine the standard used to protect online speakers and their speech. Historically, courts have awarded greater protection for political speech than commercial speech. The Ninth Circuit classified the Internet postings and video content as commercial speech because they went to “the heart of Quixtar’s commercial practices and its business operations.” The district court, in this case, used the Cahill standard which required that parties "submit sufficient evidence to establish a prima facie case for each essential element of the defamation claim." The Ninth Circuit, rejected the application based on the stringency of the test as applied to commercial speech, thereby denying the Anonymous Online Speakers their petition. Anonymous Online Speakers v. United States District Court for the District of Nevada presented an issue of first impression in the Ninth Circuit regarding First Amendment claims of anonymous online speakers involving commercial speech. The Ninth Circuit instructed lower courts not to apply heightened standard, such as Cahill, to commercial speech during discovery disputes. (en)
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| - Cahill standard is too stringent and should not be applied to First Amendment claims of anonymous online speakers involving commercial speech. (en)
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| - Quixtar Inc. v. Signature Management Team, LLC (en)
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