Between the Scylla and the Charybdis

July 18, 2013

  • 92 Constitutional Law
  • 92XVIII Freedom of Speech, Expression, and Press
  • 92XVIII(X) Defamation
  • 92k2167 Particular Issues and Applications
  • 92k2168 k. In General.

92 Constitutional LawIn crafting an appropriate remedy for defamatory speech posted under the anonymity of the Internet under the New Jersey Constitution’s free speech provision, courts must sail between the Scylla of unmasking those who have said nothing actionable, leaving them vulnerable to powerful and vindictive plaintiffs with the ability to seek revenge or retribution, and, on the other hand, the Charybdis of permitting anonymity to become an impenetrable shield, leaving a defamed plaintiff without a remedy.
Warren Hosp. v. Does 1-10, 63 A.3d 246 (N.J. Super Ct. App. Div. 2013)
Suggested by Craig Gustafson, Principal Attorney Editor; Thomson Reuters