In What's Been Called a Landmark Decision, the Arizona Appelate Court Upheld the First Amendment Right of Individuals to Speak A
November 29 2007 - 8:30AM
Marketwired
SCOTTSDALE, AZ dba ("TheAnonymousEmail.com") has once again
succeeded in its ongoing efforts to protect both anonymous speech
and those who speak anonymously online.
The case arose from an anonymous message sent to the management
team of Mobilisa, a Seattle provider of wireless and mobile
communication systems, chiding the company's CEO for an e-mail to
his mistress, a copy of which was forwarded along with the
reproving message. Mobilisa sued the anonymous speaker, claiming
that the underlying e-mail must have been obtained by hacking into
Mobilisa's computer system. Mobilisa then subpoenaed The Suggestion
Box, Inc., dba www.TheAnonymousEmail.com, an Arizona company that
provided anonymous e-mailing services, to obtain the identity of
the anonymous message sender. The company has refused to turn any
information over identifying its subscribers, and a company
spokesperson said they will continue to refuse to do so in the
future.
In a landmark ruling in the case of Mobilisa v. Doe, the Arizona
Court of Appeals in Phoenix upheld the First Amendment right of
online anonymity when it has not been abused. The court held that
would-be plaintiffs suing an anonymous Internet speaker must both
present evidence to support their claim and show that their
interest in identifying the speaker outweighs the speaker's
interest in remaining anonymous.
Judge Ann Scott Timmer explained that an explicit balancing
approach better accommodates the variety of claims that may be
brought against anonymous defendants; the possibility that, in some
cases, significant harm may be suffered by the anonymous poster who
is identified; and the danger that identification will have a
chilling effect on highly protected political speech. Because the
trial judge did not reach the balancing stage, the appellate court
sent the case back to the trial court to allow the trial judge to
apply that part of the required test. The court of appeals did not
indicate any view on the outcome of the balancing part of the
test.
In another recent case in February 2006, TheAnonymousEmail.com
filed a lawsuit in the United States District Court, District of
Arizona against Alberto Gonzalez in his official capacity as
Attorney General of the United States ("Government") challenging
that portion of the Annoyance Statute that criminalized the act of
sending electronic communications anonymously with an intent to
annoy. Through its litigation efforts, TheAnonymousEmail.com has
obtained a construction of 47 U.S.C. � 223(a)(1)(C) (the "Annoyance
Statute") that protects a broad range of annoying speech sent
anonymously online. The Government has filed a court document
assuring that anonymous speech merely intended to be or found to be
annoying will not fall within the scope of the Annoyance Statute.
An AnonymousEmail spokesperson added: "We've defended our
subscribers in several law suits as we believe they are protected
under the First Amendments Freedom of Speech bill. If we cannot
defend and protect the anonymity of our subscribers, then we
shouldn't be allowed to advertise a web site for anonymous emails.
We will therefore continue to defend our position of anonymity now
and in the future."
ABOUT THE SUGGESTION BOX, INC.
TheAnonymousEmail.com is operated by The Suggestion Box, Inc.,
and headquartered in Scottsdale, AZ. TheAnonymousEmail was created
as a new vehicle of expression. In the spirit of the first
amendment, it aspires to extend the freedom of speech to everyone,
without forcing anyone to identify themselves.
Except for any historical information, the matters discussed in
this press release contain forward-looking statements within the
meaning of Section 27A of the Securities Act of 1933 and Section
21E of the Securities Exchange Act of 1934. These forward-looking
statements involve risks and uncertainties. A number of factors
could cause actual results to differ from those indicated in the
forward-looking statements. Such statements are subject to a number
of assumptions, risks and uncertainties. Readers are cautioned that
such statements are not guarantees of future performance and those
actual results or developments may differ materially from those set
forth in the forward-looking statements. The company undertakes no
obligation to publicly update or revise forward-looking statements,
whether as a result of new information or otherwise.
Contact information: Email Contact 480-385-3850
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