LEARNING TAKEAWAYS FOR WEEK 3

1. Although the U.S. Supreme Court has not set a precedent on anonymous litigation to date, courts will often grant anonymity based on content based tests or balancing tests, balancing the privacy of the plaintiff with the rights of the public.

2. Some factors that affect the granting of anonymity include...

• The ages of the litigants
• Whether the plaintiff will face mental/physical retaliation if his/her identity is disclosed
• If the case is criminal or civil
• The significance of public interest in open courts
• If anonymity will infringe upon the rights of the defendant

3. There are policy considerations that go along with anonymous litigation, including maintaining the openness of the courts, the rights of the defendants, and the fact that pseudonymity is a type of closure, akin to sealing or redaction, which some would argue shuts the public out. 

4. Precedence is set by the U.S. Supreme Court (being the highest court in the land) except if...

• Challenged by state laws ( rulings are non-binding in state courts unless it is a Constitutional issue)
• There are differences in the case as legal interpretation is taken within the context of the case

5. Thirteen states have passed laws regulating the posting of mugshots online.

6. The legal age of consent in Utah is 16 years of age for women and 18 years of age for men.