For any of you who are still following the AutoAdmit case (background posts all linked here), one of the anonymous commenters, who uses the handle AK47, has filed a motion to quash discovery of his IP address and other information that would reveal his identity. The subpoena, apparently, violates AK47’s “First Amendment right to speak anonymously.”
Before we start, I should make it clear that I am not a party to this lawsuit, and so far haven’t been involved in it at all. But since my name came up repeatedly on the AutoAdmit boards, and since I have a whole lot of empathy for the Jane Does who filed the suit, I’m writing about it.
AK47 (known in the suit as John Doe 21) was a regular commenter on AutoAdmit, and was fairly well-known for his constant use of the n-word and other racial slurs. At issue in this case is his comment that “Women named Jill and [Doe II] should be raped.” In his motion he disingenuously argues that since Jill and Doe II’s first name are extremely common, his comment is “silly,” and the Does have no case.
But certainly context matters. Doe I, Doe II and myself were discussed on AutoAdmit so often that our first names were all commenters need to use to identify us. Writing “Women named Jill and [Doe II] should be raped” may not be a big deal on a random message board, but in a place where our pictures had been posted and much of our personal information given out, it’s a different story. Anyone who read that board with any regularity knew exactly who AK47 was talking about. He knew exactly who he was talking about, and to suggest that there’s no claim for intentional infliction of emotional distress because he only used our first names is pretty pathetic. He also claims that his statement amounts to nothing more than “an unsavory, if silly, suggestion or opinion.” Apparently, if a statement is nothing more than a suggestion or opinion, it’s totally protected speech — even if it’s a suggestion to rape someone. So, to use a common example, if I walk into a crowded theater an scream “I think there’s a fire, I suggest everyone run!” when there is none, can I defend myself by arguing that “It was just, like, my opinion, man”? Can I use that same response if I pick a random student at my law school and post on Feministe that they had a lesbian affair with the NYU dean, that they have huge fake tits, that they have an STD, that they deserve to be raped, and that hey by the way here’s their full name, email address and phone number? But it’s just my opinion, man! Quit attacking my free speech rights.
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