Friday, December 11, 2009

UPDATE: Subpoena, Not Bugs Bunny, Elmer Fudd's Undoing

Elmer Fudd is annoyed by the prototype Bugs in...Image via Wikipedia
If you want to reach Elmer Fudd, try his Facebook page, No Ad Tax, or Email him at noadtax@gmail.com.

Horry County (S.C.) Circuit Court Judge Larry B. Hyman ordered TheSunNews.com to release any identifying information it possessed concerning the anonymous poster using the nom de plume of the hapless Warner Bros. cartoon character, pursuant to a subpoena obtained by the Myrtle Beach Area Chamber of Commerce in its defamation suit against the heretofore unidentified blogger (see "TUOL" post 9/25/09). Fudd commented on several online SunNews stories in August, alleging that the Chamber had been raided by Horry County Sheriff's deputies who  purportedly confiscated computers, claims the sheriff's department and the Chamber have said were false, which prompted the libel action.

The newspaper, which is not a party to the defamation suit, could not provide the court with the name of the blogger, and the No Ad Tax identity cannot supplant the "John Doe" designation for the defendant in the lawsuit, so the Chamber will continue its pursuit of the still unnamed defendant on whom the Chamber must serve process. Neither Elmer Fudd nor his attorney appeared at the court hearing at which Judge Hyman rejected a motion by John Doe arguing that identifying him would violate his First Amendment free speech rights.

"Sqooey Social Media Wules and Kwazy Subpoena."




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