Abstract:
Abstract:
The Arizona Court of Appeals recently developed a new test to determine
whether an anonymous Internet poster’s identity should be revealed through
a subpoena. While the First Amendment protects anonymous speech, this
protection does not extend to defamation and other illegal behavior. Courts
have balanced these two competing interests—protection of anonymous
speech and revelation of a person’s identity via subpoena—by applying
varying tests regarding the disclosure of an anonymous poster’s identity. The
Arizona Court of Appeals, in Mobilisa, Inc. v. Doe, recently adopted a threepart
test that incorporates elements from two, previously distinct lines of
cases. This Article explores the varying standards that apply to the disclosure
of the identity of an anonymous online poster, and compares them to the test
articulated in Mobilisa, Inc. v. Doe. This Article concludes that Mobilisa’s
balancing component is an important and novel prong in light of competing
policy and constitutional considerations.
