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Home > New York v. The (Chester) Chronicle

New York v. The (Chester) Chronicle [1]

Submitted by DMLP Staff on Tue, 02/23/2010 - 17:06

Summary

Threat Type: 

Subpoena

Date: 

10/01/2009

Status: 

Concluded

Disposition: 

Subpoena Quashed

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

None
In October 2009, an Orange County grand jury subpoenaed The (Chester) Chronicle for information about the identities of two anonymous posters to its website. The comments in question related to the controversial tenure of Helen Anne Livingston, the Chester schools... read full description
Parties

Party Receiving Legal Threat: 

The (Chester) Chronicle

Type of Party: 

Government

Type of Party: 

Organization
Media Company

Location of Party: 

  • New York

Location of Party: 

  • New York

Legal Counsel: 

District Attorney Frank Phillips, Senior Assistant District Attorney Maryellen Albanese

Legal Counsel: 

Laura Handman - Davis Wright Tremaine
Description

In October 2009, an Orange County grand jury subpoenaed The (Chester) Chronicle for information about the identities of two anonymous posters to its website [2]. The comments in question related to the controversial tenure of Helen Anne Livingston, the Chester schools superintendent, according to recordonline.com [3].

The subpoena came after a series of informal requests from local public officials to have comments removed from the site and to reveal IP addresses of the posters.  According to The Chronicle [4], before the subpoena issued, a Chester police officer came to the newspaper's office requesting the same information.

In February 2010, Orange County Court Judge Nicholas De Rosa granted The Chronicle's motion to quash the subpoena, ruling that the government had not shown that the identities of the commenters were critical to an investigation before the grand jury. 

Related Links: 

  • RCFP: New York paper fights website commenter subpoena [5]
  • RCFP: Judge quashes subpoena to unmask anonymous commenters [6]
  • recordonline.com: Judge tosses subpoena seeking identities of paper's Web posters [3]
  • The (Chester) Chronicle: Chronicle fights subpoena to 'out' online posters [4]
Details

Web Site(s) Involved: 

The (Chester) Chronicle [2]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Criminal
  • Anonymity
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • New York

Court Name: 

Supreme Court of the State of New York, Orange County

Court Type: 

State

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/new-york-v-chester-chronicle

Links
[1] https://www.dmlp.org/threats/new-york-v-chester-chronicle
[2] http://www.strausnews.com/the_chronicle/
[3] http://www.recordonline.com/apps/pbcs.dll/article?AID=/20100209/NEWS/100209594
[4] http://www.strausnews.com/articles/2009/11/16/the_chronicle/news/1.txt
[5] http://www.rcfp.org/newsitems/index.php?i=11106
[6] http://www.rcfp.org/newsitems/index.php?i=11257