Robert Kennedy, Jr., contends that a Maine-based blogger on the Daily Kos website defamed him by writing in a blogpost that Kennedy had joined Neo-Nazis and other German rightwing extremists at a rally in Berlin, where he gave a speech at a mass protest against government efforts to stem the coronavirus pandemic. Kennedy obtained permission from a New York judge to serve a pre-litigation subpoena on Kos Media to identify the blogger. Kos Media appealed.
In an amicus brief in support of the appeal, Public Citizen urged the court to adopt the Dendrite test. The brief also argues that the State of New York should not authorize prelitigation discovery to identify an anonymous speaker located outside New York because New York does not extend its long-arm statute to allow libel suits against out-of-state defendants.