Thursday, June 18, 2009

Criminal cases push newspapers to identify anonymous commenters | PBS

Anonymous comments on newspapers blogs are drawing attention from prosecutors seeking information about criminal matters, once again raising the issue of whether newspaper blog comments are protected under state press shield laws. Last fall, I wrote about two civil cases involving claims of defamation, where two separate courts refused to order newspapers to disclose information that would lead to the identification of anonymous commenters on their blogs.

In criminal cases, the issues are similar, but the stakes can be higher for everyone involved. A refusal to turn over information in response to a grand jury subpoena can result in a contempt proceeding and a coercive jail term, as individuals as diverse as New York Times reporter Judith Miller and video blogger Josh Wolf have learned...