Motions To Quash Subpoenas
We file motions to quash subpoenas that have been improperly served. In many of our cases, we are fighting for the rights of persons who were engaging in their right to speak anonymously on the internet. We also fight to quash government subpoenas that are overbroad or otherwise unlawful, in order to preserve the anonymity of our clients.
We can help with your motion to quash.
If you want to discover the identity of someone who posts to a website anonymously or emails to others anonymously, court subpoenas are often the most effective tools for obtaining this information. However, courts must balance, on the one hand, the rights of companies who have been defamed or otherwise injured, and, on the other hand, the First Amendment and other rights of people posting or emailing over the internet anonymously.
Litigating internet speech cases has been a significant part of our practice for over 10 years.
When a subpoena is issued in an attempt to identify an anonymous internet actor, the anonymous party can file a Motion to Quash a Subpoena, relying upon the First Amendment and other constitutional and statutory grounds. The anonymous party may also file his or her Motion to Quash anonymously, and if the Motion to Quash is granted, the anonymous party remains anonymous.
Kronenberger Rosenfeld has handled countless subpoenas in this area of anonymous internet activity. If a service provider has informed you that it has received a subpoena and will disclose your identity unless you file a motion to quash the subpoena, contact us today at (415) 955-1155, ext. 120, or submit your matter using our online case submission form.
- Represented John Doe in a motion to quash subpoena seeking information about the owner of a Twitter account.
- Represented a client in an appeal of a motion to quash a subpoena issued pursuant to the federal foreign discovery statute (28 U.S.C. §1782).
- Advised an anonymous blogger who successfully quashed a subpoena seeking his/her identity, issued by a reality TV personality unhappy about negative blog postings.