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← 159 Cal. App. 4th 1154 - Krinsky v. Doe 6

159 Cal. App. 4th 1154 - Krinsky v. Doe 6’s Empirical Analysis

2008

Citation profile

69
cited by 69 later decisions
9
states following
November 2018
most recently cited

10 district · 55 state decisions

Relationships

Applies 18 U.S.C. § 2703 (§ 201 of the Electronic Communications Privacy Act of 1986)

Relies on New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · Chaplinsky v. State of New Hampshire · Bose Corp. v. Consumers Union of United States, Inc. · Milkovich v. Lorain Journal Co.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1)to undertake efforts to notify the anonymous poster that he is the subject of a subpoena or application for an order of disclosure, and to withhold action to afford the anonymous defendant a reasonable opportunity to file and serve opposition to the application. In the internet context, the plaintiffs efforts should include posting a message of notification of the discovery request to the anonymous defendant on the same message board as the original allegedly defamatory posting; (2) to set forth the exact statements purportedly made by the anonymous poster that the plaintiff alleges constitute defamatory speech;.... (3) to satisfy the prima facie or “summary judgment standard”; [and] (4) [to] balance the defendant’s First Amendment right of anonymous free speech against the strength of the pri-ma facie case presented and the necessity for the disclosure of the anonymous defendant’s identity in determining whether to allow the plaintiff to properly proceed.”
    2 later decisions quote this exact passage
  2. “evidence ' "that ... will support a ruling in favor of [the plaintiff] if no controverting evidence is presented. [Citations.] It may be slight evidence which creates a reasonable inference of [the] fact sought to be established but need not eliminate all contrary inferences. [Citation.]”
    2 later decisions quote this exact passage
  3. “Requiring at least that much ensures that the plaintiff is not merely seeking to harass or embarrass the speaker or stifle legitimate criticism.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.