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Court to hear newspaper appeal on ID of online commenter

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The Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an online commenter and will hear further arguments on the matter Tuesday morning.

The court on Friday granted The Star’s request for a stay of a court order in Jeffrey M. Miller v. Junior Achievement that would have required the newspaper to reveal the name of an anonymous online commenter by that day, according to COA spokesman Martin DeAgostino.

Miller, former CEO of Junior Achievement of Indiana, sued multiple parties, including IBJ, for defamation and sought to add people who made anonymous comments on news organization websites that ran stories about Miller and Junior Achievement.

The Court of Appeals in February reversed Marion Superior Judge S.K. Reid, who issued an order in 2011 that the news outlets must identify people who posted comments on their websites. The Star appealed whether it had to provide Miller information to help him identify an anonymous commenter. The appellate court ordered the trial court to apply a modified version of the Dendrite test, which comes from New Jersey, under both the federal and state constitutions to determine if Miller satisfied the requirements for obtaining the commenter’s identity.

The trial court again ordered the newspaper to disclose the commenter's identity in October.

Tuesday’s hearing will be at 11 a.m. in the Indiana Supreme Court courtroom.

According to the order issuing the temporary stay and setting the hearing, “In addition to any other issues, the court will expect the parties to address whether the court has jurisdiction to consider the trial court’s discovery order.”

DeAgostino said Judges Elaine Brown, Edward Najam and Rudolph Pyle III will hear Tuesday's appeal.
 

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  1. Aaron is my fav!

  2. Let's see... $25M construction cost, they get $7.5M back from federal taxpayers, they're exempt from business property tax and use tax so that's about $2.5M PER YEAR they don't have to pay, permitting fees are cut in half for such projects, IPL will give them $4K under an incentive program, and under IPL's VFIT they'll be selling the power to IPL at 20 cents / kwh, nearly triple what a gas plant gets, about $6M / year for the 150-acre combined farms, and all of which is passed on to IPL customers. No jobs will be created either other than an handful of installers for a few weeks. Now here's the fun part...the panels (from CHINA) only cost about $5M on Alibaba, so where's the rest of the $25M going? Are they marking up the price to drive up the federal rebate? Indy Airport Solar Partners II LLC is owned by local firms Johnson-Melloh Solutions and Telemon Corp. They'll gross $6M / year in triple-rate power revenue, get another $12M next year from taxpayers for this new farm, on top of the $12M they got from taxpayers this year for the first farm, and have only laid out about $10-12M in materials plus installation labor for both farms combined, and $500K / year in annual land lease for both farms (est.). Over 15 years, that's over $70M net profit on a $12M investment, all from our wallets. What a boondoggle. It's time to wise up and give Thorium Energy your serious consideration. See http://energyfromthorium.com to learn more.

  3. Markus, I don't think a $2 Billion dollar surplus qualifies as saying we are out of money. Privatization does work. The government should only do what private industry can't or won't. What is proven is that any time the government tries to do something it costs more, comes in late and usually is lower quality.

  4. Some of the licenses that were added during Daniels' administration, such as requiring waiter/waitresses to be licensed to serve alcohol, are simply a way to generate revenue. At $35/server every 3 years, the state is generating millions of dollars on the backs of people who really need/want to work.

  5. I always giggle when I read comments from people complaining that a market is "too saturated" with one thing or another. What does that even mean? If someone is able to open and sustain a new business, whether you think there is room enough for them or not, more power to them. Personally, I love visiting as many of the new local breweries as possible. You do realize that most of these establishments include a dining component and therefore are pretty similar to restaurants, right? When was the last time I heard someone say "You know, I think we have too many locally owned restaurants"? Um, never...

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