Paul Alan Levy
writes "Together with the ACLU of Virginia and the Thomas Jefferson Center for Freedom of Expression, we have intervened in a case pending in Buckingham County, Virginia in which a plaintiff in a defamation case retaliated against a blogger who covered his defamation suit in less than flattering terms by sending a highly invasive subpoena that demands production of the blogger's communications with his sources, IP numbers of all who posted on his web site or even READ the web site. There have been only a handful of cases in which courts have addressed whether bloggers should be treated as journalists for the purpose of considering the reporters' privilege. We are also arguing that, in addition to protecting the commenters on the blog for the reasons usually argued -- protecting their right of anonymous speech -- posters on a journalist's blog should be treated as "sources" whose disclosure violates the journalist's own rights."
We've been seeing a lot of these types of cases lately. It would be good to get some more definitive rulings that establish both the rights of those who blog, as well as those who comment anonymously.