Del. Chancellor Details Twitter Subpoena Ruling In BDO Case

By Jeff Montgomery (January 5, 2022, 8:14 PM EST) -- The chancellor of Delaware Chancery Court said in a letter decision Wednesday that anonymous and potentially damaging statements on Twitter "can constitute actionable expressions of fact." 

Chancellor Kathaleen S. McCormick's letter decision backed up a bench ruling in November authorizing subpoenas to identify sources of tweets that allegedly defamed BDO USA LLP and key employees.

The decision put present-day considerations on a state Supreme Court precedent, Doe v. Cahill, from 2005 on unmasking potentially defamatory, anonymous blog or social media statements that can be proved or disproved, rather than shielded as opinion.

Behind the latest ruling is a suit filed in March...

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