2TheMart.com v. Doe [1]

2TheMart.com, Inc. was in the process of defending itself against a class-action lawsuit alleging that it misled investors. In doing so, the company claimed that it needed the identities of 23 Internet users who had posted comments on the Silicon Investor message boards [2]. The users had used pseudonyms, and thus were unidentifiable. Therefore, the company requested that Infospace, the operator of the Silicon Investor web site, release the users' identities.

One such user, Doe, enlisted the support of the ACLU and the Electronic Frontier Foundation in an effort to quash the subpoena. A federal district judge agreed with Doe and quashed the subpoena, ruling that the Internet users had a First Amendment right to remain anonymous, and Infospace could not be forced to release their identities.