ANDERSON — A judge ruled Thursday that the operator of an Internet forum hosted by The Herald Bulletin will have to turn over records identifying anonymous users, barring an appeal.
Anderson attorneys Charles Braddock and Jimmy McDole filed a motion in September to quash a pair of subpoenas directed at Seattle-based Groupee Inc., which operates the “Hey Martha” Internet forum. The subpoenas sought information identifying a pair of individuals who had posted comments on the Web site, which allows people to offer comments under assumed names.
Darrell E. Baylor, insurance agent and owner of Baylor & Associates, a mortgage loan business, filed a lawsuit in June, seeking the identities of a pair of posters on “Hey Martha.”
The lawsuit claims Darrell Baylor was libeled when forum posters “Jack Deth” and “Brent Leroy” made disparaging comments about his alleged alcohol use. Darrell Baylor has been seeking unspecified damages and attorney fees.
Braddock and McDole represent The Herald Bulletin, but entered a special appearance on behalf of Groupee. The forum is hosted locally by the newspaper on its Web site.
The newspaper’s attorneys argued the subpoenas were overly broad, among other issues.
“Once you’ve released the identity, you can’t go back and fix it,” McDole said during the hearing.
On Thursday, Madison Circuit Judge Fredrick Spencer denied Braddock and McDole’s motion to quash attorney Paul Baylor’s subpoenas of Groupee’s records. Paul Baylor is Darrell Baylor’s son.
“Ultimately, this is all about responsibility,” Paul Baylor said after the hearing. “You can say what you want, but you have to be responsible. You can’t get away from that by hiding behind (an assumed) name.”
Braddock said the attorneys would be in contact with Groupee officials to determine the costs of retrieving the information Baylor seeks. He said Herald Bulletin officials would have to make the decision on whether to appeal Spencer’s ruling.
Newspaper Publisher Henry Bird, who attended the hearing, said he expected to meet with the Herald Bulletin’s attorneys today to discuss how to proceed.
“We have not had a chance to decide what to do,” Bird said. “I’ve not had an opportunity to talk with local counsel to discuss the next step.”
The publisher declined to reveal how much the newspaper had spent fighting Baylor’s lawsuit.
Paul Baylor said filing an appeal would likely be fruitless.
“They can appeal or supply us the names,” the attorney said. “They can try to appeal, but I don’t see the purpose.”
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