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Two Dissents, Charles S. Doskow
Two Dissents, Charles S. Doskow
Charles S Doskow
This essay discusses individual dissents by two justices of the Supreme Court in cases decided at the close of the most recent term, and comments on the individual qualities that led each to make individual comments. The dissent of Justice David Souter in Osborne, in which the majority refused to find a constitutional right to post-conviction DNA testing, urged a moderate view with respect to the creation of new rights where technology has altered traditional fact patterns. Justice Clarence Thomas’s dissent in the voting rights case is striking, in that he alone on the Court would have held the 2006 …
Peek-A-Boo I See You:The Constitution, Defamation Plaintiffs And Pseudonomous Internet Defendants, Charles S. Doskow
Peek-A-Boo I See You:The Constitution, Defamation Plaintiffs And Pseudonomous Internet Defendants, Charles S. Doskow
Charles S Doskow
Plaintiffs seeking to bring defamation actions arising out of anonymous or pseudononynous speech on the Internet must often seek court assistance in discovering the true identity of the speaker. Normally the website will not disclose the identities. The constitutional right to anonymous speech is often asserted in opposition to motions for disclosure. The courts have imposed varying requirements on plaintiffs seeking defendants’ identities, ranging from requiring simply a good faith pleading to showing sufficient facts to meet a summary judgment motion. A recent Maryland case adopts a balancing test. This article argues that plaintiffs should not be unduly hindered by …