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Sinclair v. TubeSockTedD, mzmolly and OWNINGLIARS,
| Topic(s): |
Internet Free Speech - Right To Speak Anonymously
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| Date Of Involvement: |
04/30/2008 |
Related Documents: |
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| Description: |
| Sinclair, a Minnesota man whose a You-Tube video and blog claiming to have done drugs and had sex with presidential candidate Barack Obama was roundly criticized by many anonymous Internet users, filed a defamation in the United States District Court for the District of Columbia against three of his critics for defamation, and obtained leave to use discovery to identify the Does. Representing one of the Does, as well as the ISP on whose web site that Doe posted, we objected to the subpoena, and have filed an opposition to the ensuing motion for to compel. We argue that there is no diversity jurisdiction to sue Doe defendants, and no personal jurisdiction in DC. We also argue that Sinclair has not pleaded a proper defamation claim and that, in any event, he has not presented any evidence in support of his claim as required to meet the well-established standard to obtain identifying information. |
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