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Interview with Anne W. Salisbury regarding anonymous blogging and the Cohen v. Google case.
In a case that has drawn worldwide attention, a petitioner, fashion model Liskula Cohen, in the pending action in the New York State Supreme Court, alleges that references to her as a "skank" and "ho" on a website "Skanks in NYC" constitutes actionable libel under New York law and on that ground seeks to forcibly reveal the identity of the anonymous blogger. The blogger, represented by Guzov Ofsink, LLC, counters that comments about Cohen were opinion, and not the kind of verifiable facts that could result in a libel finding.
Guzov Ofsink, LLC is representing the anonymous blogger because the application brings to the fore the need to ensure that First Amendment free-speech protections continue to extend to anonymous web-based commentary. Despite its seemingly petty underpinnings, this case carries serious implications toward the erosion of our basic constitutional right to anonymous free speech. The Cohen proceeding could potentially have a chilling effect on anonymous commentary made all over the Internet where participants can speak using assumed names or no name at all.
Advocacy groups, news organizations and online blogs are closely following this case, because of its potential importance for free speech on the Internet, which has become the predominant forum in modern society for the free exchange of ideas and opinions, however absurd, profane, insulting or rhetorical. These groups fear that should the courts deprive Internet speakers of their anonymity without appropriate safeguards; the uninhibited and robust exchange of ideas that has sprung up on Web sites will be chilled.
Read some of the press coverage here, or listen to a radio interview with Anne W. Salisbury of Guzov Ofsink, LLC wherein she discusses this case.
'Skank' Audio file 1
'Skank' audio file 2
For more information on this case, follow these links:
The New York Post
http://www.nypost.com/seven/03192009/news/regionalnews/skanks_yanked_160316.htm
The Daily News
http://www.nydailynews.com/gossip/2009/03/11/2009-03-11_model_liskula_cohen_suing_over_skank_slu.html
Google News
http://www.google.com/hostednews/ap/article/ALeqM5hsyZvxne1k4BwHczwvSvGh5IUl2gD96S0POO0
Mediapost
http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=101977
The Big Money
http://tbm.thebigmoney.com/blogs/feeling-lucky/2009/03/11/obscenities-fly-during-skank-hearing
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