Friday, Oct. 02, 2009

Chamber attorneys file motion to compel in “Elmer Fudd” case

Chamber attorneys file motion to compel in “Elmer Fudd” case

Attorneys for the Myrtle Beach Area Chamber of Commerce filed a motion Friday to compel The Sun News to turn over registration information about a Web site commenter known as “Elmer Fudd'' a day after a motion was filed protesting the release of that information.

“I expected him to object, to take some type of action because he or she doesn't want to be identified. This was not totally unexpected,'' said Cherie Blackburn, an attorney for the chamber. “We want to

just move forward with the lawsuits and it's difficult until we get this issue resolved.''

Pamela J. Browning, publisher of The Sun News and TheSunNews.com, notified “Elmer Fudd” by e-mail Sept. 12 that the company received a subpoena for the person's identity after the chamber filed a defamation lawsuit against John Doe on Sept. 4 with the court. The newspaper is not a party to the lawsuit.

The commenter had until 5 p.m. Friday to contest the subpoena.

On Thursday, the protest motion, signed by “John Doe,” was filed with the Horry County Court of Common Pleas, and delivered to The Sun News later in the day.

The filing alleges the chamber has not shown that a balance of the parties' competing interests weighs in favor of disclosure, and that the chamdhber did not take certain other steps prior to sending a subpoena in an attempt to violate the person's First Amendment right to speak anonymously.

Read Saturday's edition of The Sun News for more on this story.