Silencing John Doe: Defamation & Discourse in Cyberspace

Lidsky, Lyrissa Barnett

Journal: Duke Law Journal

Volume: 49

First Page: 855

Year: 2000

Bluebook Citation: 49 DUKE L.J. 855 (2000)

Author: Lyrissa Barnett Lidsky: all 12 publications


Citation analytics

How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.

Frequently CitedTop 18% most-cited · cited by 15 decisions
15
Citing decisions
6+
Courts citing

Citations by decade

7
8
2000s2010s

Courts citing this journal article

Cal. Ct. App.3
Ill. App. Ct.3
Allegheny Cty. C.P.1
D. Nev.1
Del.1
Lackawanna Cty. C.P.1
Most recently cited by10
  • 2016Fisher v. Doe Ohio Ct. App.
  • 2014Hadley v. Doe Ill. App. Ct.
  • 2014Kinney v. Barnes Tex.
  • 2012Summit Bank v. Rogers Cal. Ct. App.
  • 2011Too Much Media, LLC v. Hale N.J.
  • 2010Log Creek, LLC v. Kessler N.D. Fla.
  • 2009Independent Newspapers, Inc. v. Brodie Md.
  • 2008Krinsky v. Doe 6 Cal. Ct. App.
  • 2008Quixtar Inc. v. Signature Management Team, LLC D. Nev.
  • 2005Doe v. Cahill Del.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Abstract

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits pose to Internet discourse.

Although the constitutional privilege for opinion holds promise as a solution to this problem, the Supreme Court's jurisprudence provides little assurance that the privilege can protect the "robust, uninhibited, and wide-open nature" of Internet discourse without giving Internet speakers free license to harm the reputation of others. Therefore, this Article attempts to articulate a theory that justifies protecting John Doe and suggests the steps courts should take to adapt the existing opinion privilege to the unique context of cyberspace.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.