Legal Opinion

Polito v. AOL Time Warner Inc.

Pennsylvania Court of Common Pleas, Lackawanna County

Decided January 28, 2004No. 03 CV 3218PublishedCited by 5 opinions

1Opinion of the Court

NEALON, J.,

The recipient of harassing electronic communications from pseudonymous authors seeks to compel an internet service provider to reveal the identities of its anonymous subscribers who have transmitted the offensive e-mails and *329instant messages. Based upon the material submitted for review, the requesting party has established that: (1) she has a prima facie basis for asserting criminal or civil liability against the culpable authors; (2) the identifying information is relevant to her claims and necessary to obtain redress; (3) she is seeking the information in good faith and not for…

2Cases cited32 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. First Nat. Bank of Boston v. BellottiSupreme Court of the United States · 1978
  5. McIntyre v. Ohio Elections CommissionSupreme Court of the United States · 1995

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3Cited by5 opinions

  1. In Re Does 1-10, Texas Court of Appeals, 6th District (Texarkana)2007
  2. Pilchesky v. GatelliSuperior Court of Pennsylvania · 2011
  3. Pilchesky v. GatelliSuperior Court of Pennsylvania · 2011
  4. Roger Lee Carlock v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  5. in Re: Does 1-10, Texas Court of Appeals, 6th District (Texarkana)2007

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