N.Y. Court Should Set Higher Bar for Protecting Anonymous Internet Speech
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Supreme Court of the State of New York Appellate Division, Second Department in Robert F. Kennedy Jr. v. Kos Media, LLC. The case concerns an individual who authored a post on the digital media website Daily Kos under the pseudonym “DowneastDem.” The post recounted Robert F. Kennedy, Jr.’s speech at a Berlin rally and noted the presence of neo-Nazi and far-right extremist groups at the event. Kennedy filed a petition for pre-suit disclosure seeking to subpoena Daily Kos for DowneastDem’s identity. The trial court held Kennedy had stated a defamation claim and thus granted his petition. Daily Kos appealed, arguing that Kennedy did not state a claim. The amicus brief urges the appellate court to reverse the trial court’s decision and to adopt a heightened standard for unmasking anonymous Internet speakers.