In a unanimous decision, the Illinois Supreme Court ruled this morning that an internet service provider must identify the person who posted a personal attack against a political candidate on a newspaper website in December 2011.
Affirming the rulings of two lower courts, the justices declared that Comcast must provide the real name of the person who commented as “Fuboy” on a JournalStandard.com story about Bill Hadley, who was seeking a seat on the Stephenson County Board.
According to court records, "Fuboy" posted one comment comparing Hadley with former Penn State assistant football coach Jerry Sandusky, who was convicted of child sex abuse, and another alleging a suicide attempt.
Hadley won the election and now serves as county board chairman.
In early 2012, Hadley filed suit in Stephenson County district court, asking that Comcast Cable Communications LLC be ordered to identify “Fuboy” to the court and claiming that the comparison to Sandusky was defamatory on its face because it imputed commission of a crime to Hadley.
Hadley won that case and a subsequent appeal by Comcast, which then took the case to the state’s highest court.
Hadley's attorney, Andrew Smith, told the Journal Standard today’s ruling may not put an end to the legal wrangling. He said the still-unnamed defendant may ask the Illinois Supreme Court to rehear the case. If that request is made and declined, the case can be appealed to the U.S. Supreme Court.
If "Fuboy" does not pursue these options or they are rejected, the case goes back to Stephenson County court. Then, "Fuboy's" identity would be revealed and a dollar amount of how much damage the comments caused Hadley could be determined.
Smith told the Journal Standard that both he and Hadley are strong supporters of free speech, the exchange of ideas and political discussion. However, he added that free speech does not give an individual a right to defame someone and accuse them of crimes.
Robert Fagan, the lawyer for the as-yet unidentified commenter, says the defamation lawsuit is a backdoor way of silencing his client. He says the decision could chill anonymous political commentary.
Fagan says his client has 90 days to decide whether to appeal the ruling to the U-S Supreme Court.