Doe V. Cahill
IN THE SUPREME COURT OF THE STATE OF DELAWARE JOHN DOE NO. 1, ) ) No. 266, 2005 Movant Below, ) Appellant, ) Court Below: Superior Court ) of the State of Delaware in and v. ) and for New Castle County ) PATRICK CAHILL and ) C.A. No. 04C-011-022 JULIA CAHILL, ) ) Plaintiffs Below, ) Appellees. ) Submitted: September 7, 2005 Decided: October 5, 2005 Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc. Upon appeal from the Superior Court. REVERSED and REMANDED to the Superior Court with instructions to DISMISS. David L. Finger of Finger & Slanina, LLC, Wilmington, Delaware for appellant. Robert J. Katzenstein (argued) and Robert K. Beste, III of Smith, Katzenstein & Furlow, LLP, Wilmington, Delaware for appellees. Paul Alan Levy (argued) and Allison M. Zieve of Public Citizen Litigation Group, Washington, DC; Norman M. Monhait of Rosenthal Monhait Gross & Goddess, P.A., Wilmington, Delaware; Lawrence A. Hamermesh of Widener University School of Law, Wilmington, Delaware, for amici curiae. STEELE, Chief Justice: The defendant-appellant, John Doe No.1, anonymously posted allegedly defamatory statements about the plaintiff-appellee, Cahill, on an internet blog. Cahill brought a defamation action. Seeking to serve process on Doe, Cahill sought to compel the disclosure of his identity from a third party that had the information. A Superior Court judge applied a good faith standard to test the plaintiff’s complaint and ordered the third party to disclose Doe’s identity. Doe appeals from the Superior Court’s order. Because the trial judge applied a standard insufficiently protective of Doe’s First Amendment right to speak anonymously, we reverse that judgment.
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