
The
plaintiff was not charged or asked to testify in the rape case;
however, he was named regularly in blog postings and related forums
about the case.
JEFFERSON COUNTY, Ohio —
A civil lawsuit with potentially major ramifications about what counts as protected online speech got under way in Jefferson County Monday afternoon.
At
issue, the question of whether blogger Alexandria Goddard and members
of the online community at the website Prinniefied.com defamed a
Steubenville High School athlete and his parents with comments made
about the rape allegations against two of the plaintiff's teammates.
The
plaintiff was not charged or asked to testify in the rape case;
however, he was named regularly in blog postings and related forums
about the case.
Last month, the plaintiff and his
parents sued Goddard and approximately two dozen "John and Jane Does"
who commented on stories about the case using anonymous screen names.
The
plaintiffs' attorney said he could identify the anonymous posters by
correlating screen shots of the original Prinnified.com site and data
preserved by their respective Internet service providers. Without
knowing their actual names, subpoenas cannot be issued and the case
cannot continue, according to the plaintiff's attorney.
The plaintiffs' attorney claimed the blog and the forum had been moved to an online "host" in Hong Kong.
Judge David Henderson held a hearing Monday about whether to allow the
plaintiff's attorney to get that information from several Internet
service providers.
After hearing from the
plaintiff's and Goddard's attorneys, Henderson took that motion under
advisement, agreeing to rule on it as soon as possible.
Henderson
did sign an order compelling several Internet service providers to
preserve any data that may become evidence in the civil case.
The plaintiffs' attorney was concerned that some providers' policies purge such data after six months.
Goddard, who was not present for Monday's hearing, still has not been
served with a copy of the lawsuit, despite what the plaintiff's attorney
claims was an exhaustive attempt to locate her at several previous
addresses.
The plaintiff's attorney claimed Goddard was trying to evade being served.
Goddard's
attorney said she was not avoiding process servers, but declined to
tell the court where she is currently living claiming a potential
violation of attorney-client privilege.