Four new accepted cases today. Interestingly, all four cases have noted dissents regarding whether to accept the case or which propositions of law to hear. Three of the four are from the Eighth District. (Update: and certified conflicts, too.)
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Wednesday, July 26, 2017
Wednesday, July 5, 2017
Follow-up: Fisher v. Doe
In December I wrote that Tom Haren and I had filed an amicus brief in the Ohio Supreme Court on behalf of our client Alexandria Goddard. We asked the Court, in Fisher v. Doe, to adopt the Dendrite International standard for cases in which a subpoena seeks to unmask anonymous internet speech.
Today the Court declined to accept the case by a 4-2 margin. Justices French and O'Neill dissented. Justice Fischer, who was on the First District panel that decided the case in October, did not participate.
We are disappointed, obviously. The First Amendment's protection extends as equally to anonymous and pseudonymous speech as it does to speech from identified sources, and this is no less true for online speech than it is for speech in newspapers, pamphlets, or any other media. We will continue to keep our eyes open for candidates to place the Dendrite issue before the Ohio Supreme Court and courts of appeals. If you are aware of any, please don't hesitate to contact me.
Today the Court declined to accept the case by a 4-2 margin. Justices French and O'Neill dissented. Justice Fischer, who was on the First District panel that decided the case in October, did not participate.
We are disappointed, obviously. The First Amendment's protection extends as equally to anonymous and pseudonymous speech as it does to speech from identified sources, and this is no less true for online speech than it is for speech in newspapers, pamphlets, or any other media. We will continue to keep our eyes open for candidates to place the Dendrite issue before the Ohio Supreme Court and courts of appeals. If you are aware of any, please don't hesitate to contact me.
Supreme Court case announcement, 7/5/17
Today the Court announced that it has accepted discretionary appeals in two criminal cases.
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