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.
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