The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
N.Y. Times on Pseudonymity in the Sean "Diddy" Combs Cases
From an article today by Julia Jacobs:
Sexual assault accusers have long sought anonymity in the courts and in the media. The flood of complaints during the #MeToo movement ushered in a much broader societal understanding of their fears of retribution and social stigmatization, and protocols in the American media that withhold accusers' names became even more entrenched ….
Securing anonymity in civil court can be much more challenging.
So far, at least two judges in Federal District Court in Manhattan have rejected requests from plaintiffs to remain anonymous in lawsuits against Mr. Combs, who has denied sexually abusing anyone….
Though U.S. civil courts are more likely to grant anonymity in sexual assault cases than other litigation — especially when the accusations involve minors — … experts said judges still often decide in favor of a defendant's argument for a fair and open trial.
In recent years, courts have rejected bids to proceed anonymously in sexual assault lawsuits against Harvey Weinstein and Kevin Spacey, citing the "constitutionally-embedded presumption of openness in judicial proceedings." …
Still, in some settings, courts have taken into account the mental anguish plaintiffs say they will experience if their names are made public — especially in an era of intense exposure on the internet — and consider the argument that declining to protect an accuser's identity could deter others from reporting sexual abuse.
The article well captures the unpredictability of the law of pseudonymous litigation, even when it comes to a pretty narrowly defined subset, such as cases alleging sexual assault: "Legal scholars say there have been broad inconsistencies in how civil courts across the country handle the issue of anonymous plaintiffs, making outcomes largely dependent on the leanings of individual judges." As it happens, the Southern District of New York, where the Combs lawsuits have been filed, tends to be especially anti-pseudonymity, though there too there is a mix of different results in similar cases.
