Defamation case involving theater group at standstill

MARLBORO - Anonymous bloggers who have aimed critical barbs at the Marlboro Players community theater group on an Internet Web site will continue to have their identities protected for the time being as court hearings have been delayed.

Representatives of both sides - the bloggers and the community theater reps - were scheduled to meet in state Superior Court, Freehold, on June 12, after five bloggers hired an attorney to quash a subpoena that had been issued in a bid to reveal their identities.

If the judge rules in favor of the Marlboro Players, then the operators of the NJ.com Internet Web site will have to turn over the information that was provided by people at the time they signed up to participate on the Internet message board, according to attorney Stuart Moskovitz, who represents the Marlboro Players.

The anonymous bloggers would have the right to appeal the judge's decision.

A spokesperson in the court administrator's office at the state Superior Court informed the News Transcript there are no scheduled proceedings as of June 26 for further hearings on the matter.

Should the judge rule in favor of the Marlboro Players, the organization will proceed with its civil lawsuit alleging defamation. The organization's complaint is against 11 defendants, all listed as John Doe, as a result of messages that were posted on the Internet site NJ.com Theater forum. The anonymous individuals used a variety of screen names and posted defamatory statements against the organization and individuals by name, according to the complaint.

The complaint states that the defamatory statements were intentionally made with the purpose of demeaning and humiliating the Marlboro Players, its participants, officers and former officers. The complaint alleges that the reputation of the theater company has been damaged and has caused a negative impact on recruiting, production and revenue for the group.

"The climate in western Monmouth County for public figures, whether government figures or the Marlboro Players, has become unacceptable. The First Amendment has limitations; it is set up for people to protect the ability to express their opinions against government. The First Amendment is not designed to protect the anonymous retaliations against people who wish to express their opinion. These blog sites have become a place for retaliation," Moskovitz said.

The attorney said he hoped the civil suit would re-establish civility within the Internet forums.

The Marlboro Players is seeking actual damages (an amount to be determined through a trial) and $100,000 in punitive damages.

The membership of the Marlboro Players is split on the issue, with some people in favor of the lawsuit and others against it. Mindy Gollin is a member of the Marlboro Players and has previously served on the board of directors. In an interview, Gollin said the general membership of the theater company did not receive notification that the board of directors was considering taking action against Internet message board posters with a defamation suit, a lawsuit that she deems poor decision making on the board's part.

"The (theater) company should be focused on spending their money on theatrical events for the community," Gollin said.

Any individual who believes he or she has been defamed by comments posted online should pursue the case with their own attorney using their own money, and not the funds of the nonprofit organization, Gollin said.

Marlboro Players board members have deferred any comments to their attorney, Moskovitz, according to Melanie Schmutter, who handles publicity for the community theater organization.

Gollin said she believes the organization has spent more than $2,000 so far on the lawsuit, money she believes would have been better spent setting up a scholarship fund for members to further their education in the dramatic arts.

With an election for board members coming up and the president's position open, Gollin said she has submitted her name for that position. She said she does not know exactly when the election will be held.

Should she be elected president, Gollin said she would not only rid the organization of the defamation lawsuit, but would get the group focused on what it should be, which is serving the community.