Arizona

Last updated on July 18th, 2008

Last updated on July 3rd, 2008

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Last updated on April 22nd, 2008

Last updated on June 5th, 2008

Legal Protections for Anonymous Speech in Arizona

Note: This page covers information specific to Arizona. For general information concerning legal protections for anonymous speech see the Legal Protections for Anonymous Speech section of this guide.

In both cases where Arizona courts have considered attempts to unmask an anonymous online speaker, Arizona courts have applied tests that are highly protective of anonymous speech. The two cases are discussed below:   read more »

Last updated on April 26th, 2008

Last updated on June 4th, 2008

Last updated on May 28th, 2008

Mobilisa v. Doe: Another Big Win for Anonymous Speech Online

An Arizona appellate court handed down an important decision yesterday in Mobilisa, Inc. v. Doe, 1 CA-CV 06-521 (Ariz. Ct. App. Nov. 27, 2007), a case involving the thorny legal question of what standard should govern requests for discovery of the identity of an anonymous Internet speaker whose speech allegedly violated a plaintiff's rights.

This question requires courts to balance the anonymous speaker's First Amendment right to engage in anonymous speech against the plaintiff's right to pursue a valid cause of action against a speaker who has engaged in constitutionally unprotected speech or conduct, such as libel, misleading commercial speech, threats, "fighting words," or copyright infringement. In this case, the court held that, in order to strike the appropriate balance, the requesting party must show: (1) the speaker has been given adequate notice and a reasonable opportunity to respond to the discovery request; (2) the requesting party's cause of action could survive a motion for summary judgment on elements not dependent on the speaker's identity; and (3) a balance of the parties' competing interests favors disclosure.   read more »

Last updated on June 6th, 2008

   
 
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