Doe

Plaintiff Matrixx Initiatives, Inc. (Matrixx), sued a number of individuals for defamation and related claims after they posted statements critical of Matrixx on Internet message boards. Unable to identify two of the anonymous posters, Matrixx sought a discovery order compelling third parties Stephen L. Worthington and Barbary Coast Capital Management, LLC (Barbary Coast) to disclose the information. The superior court granted Matrixx’s motion to compel answers to the deposition questions designed to discover the identity of the two posters.

Worthington and Barbary Coast appeal, contending that Matrixx failed to demonstrate a sufficient basis for disregarding the First Amendment right to speak anonymously on the Internet. Matrixx responds that it had a right to discovery of the anonymous defendants’ identity, and it adds that appellants lacked standing to oppose the discovery order. We agree with Matrixx’s second point and must therefore affirm the order on that ground.

Procedural Background

Matrixx is a pharmaceutical company that produces and sells over-the-counter pharmaceutical products, including several that are marketed through its subsidiary, Zicam, LLC.…