{"title":"无名氏传票:走向一致的法律标准","authors":"N. Gleicher","doi":"10.2307/20454712","DOIUrl":null,"url":null,"abstract":"This Note considers the rising trend of anonymous online harassment and the use of John Doe subpoenas to unmask anonymous speakers. Although anonymity often serves as an important shield for valuable speech, it also protects online harassment that can chill or completely silence the speech of its targets. This Note argues that the public figure doctrine should be adapted to John Doe subpoenas to distinguish between online harassment and more valued anonymous speech. It then divides John Doe subpoena standards into six constituent factors, evaluates each one, and proposes a final standard that consistently balances the needs of plaintiffs and defendants and helps judges to distinguish online harassment from other forms of anonymous speech.","PeriodicalId":48293,"journal":{"name":"Yale Law Journal","volume":"9 1","pages":"320"},"PeriodicalIF":5.2000,"publicationDate":"2008-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"6","resultStr":"{\"title\":\"John Doe Subpoenas: Toward a Consistent Legal Standard\",\"authors\":\"N. Gleicher\",\"doi\":\"10.2307/20454712\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This Note considers the rising trend of anonymous online harassment and the use of John Doe subpoenas to unmask anonymous speakers. Although anonymity often serves as an important shield for valuable speech, it also protects online harassment that can chill or completely silence the speech of its targets. This Note argues that the public figure doctrine should be adapted to John Doe subpoenas to distinguish between online harassment and more valued anonymous speech. It then divides John Doe subpoena standards into six constituent factors, evaluates each one, and proposes a final standard that consistently balances the needs of plaintiffs and defendants and helps judges to distinguish online harassment from other forms of anonymous speech.\",\"PeriodicalId\":48293,\"journal\":{\"name\":\"Yale Law Journal\",\"volume\":\"9 1\",\"pages\":\"320\"},\"PeriodicalIF\":5.2000,\"publicationDate\":\"2008-10-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"6\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Yale Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2307/20454712\",\"RegionNum\":1,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Yale Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2307/20454712","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
John Doe Subpoenas: Toward a Consistent Legal Standard
This Note considers the rising trend of anonymous online harassment and the use of John Doe subpoenas to unmask anonymous speakers. Although anonymity often serves as an important shield for valuable speech, it also protects online harassment that can chill or completely silence the speech of its targets. This Note argues that the public figure doctrine should be adapted to John Doe subpoenas to distinguish between online harassment and more valued anonymous speech. It then divides John Doe subpoena standards into six constituent factors, evaluates each one, and proposes a final standard that consistently balances the needs of plaintiffs and defendants and helps judges to distinguish online harassment from other forms of anonymous speech.
期刊介绍:
The Yale Law Journal Online is the online companion to The Yale Law Journal. It replaces The Pocket Part, which was the first such companion to be published by a leading law review. YLJ Online will continue The Pocket Part"s mission of augmenting the scholarship printed in The Yale Law Journal by providing original Essays, legal commentaries, responses to articles printed in the Journal, podcast and iTunes University recordings of various pieces, and other works by both established and emerging academics and practitioners.