In an opinion Monday, Judge Kaplan ruled that a plaintiff accusing actor Kevin Spacey of sexual assault could not proceed anonymously. Judge Kaplan began the opinion by observing that the privacy of litigants has changed in the “digital age”:
The days when court records of litigation largely escaped public notice as they languished in countless file rooms largely ended with the advent of electronic case files, the internet, search engines, and other aspects of the information age. And the loss of the earlier practical obscurity of court files no doubt is compounded when a litigant . . . brings a claim against someone in the public eye, especially if the substance of the claim makes it likely to attract significant media attention.
But the threat of significant media attention – however exacerbated by the modern era – alone does not entitle a plaintiff to the exceptional remedy of anonymity . . . .
Judge Kaplan ultimately found that the prejudice to Spacey outweighed the plaintiff’s interest in anonymity:
Continue Reading Judge Kaplan: Kevin Spacey Accuser Cannot Sue Anonymously