Stanford Center for Internet and Society

Following oral argument on December 5, 2003, the trial court in San Jose stayed the subpoena and required Administaff to return to the Texas court for a determination of whether their interest in discovering our client's personal information outweighed his First Amendment and privacy rights. Administaff was to notify counsel whenever they contacted the Texas court, but we've heard nothing new from them to date. Meanwhile, our client's private information remains private.

Third year Melissa Gambol drafted a reply brief arguing that the Cyberlaw Clinic client's statements were First Amendment protected opinion and not actionable defamation. Download the Reply Brief, and the Declaration in support of the brief.

Attorney Eli Eilbott and the Cyberlaw Clinic filed a Motion to Quash in this matter. Click for Notice of Motion; Points and Authorities; Attorney Declaration.

A hearing on the subpoenaed persons' Motion to Quash the subpoena issued to Yahoo! is scheduled for December 5 at 9:00 AM in the Santa Clara County Superior Court.