From Judge Robert Hinkle (N.D. Fla.) a couple of weeks ago in Denton v. Board of Governors for the State Univ. Sys. of Florida:
In this action six plaintiffs assert the State of Florida has engaged in a pattern of racial discrimination—a pattern of providing lower funding for historically black universities than for traditionally white comparators. One of the six plaintiffs has moved for leave to proceed under a pseudonym. He would disclose his identity to the defendants and the court but only on condition that the identity not be publicly disclosed.
Lawsuits are public events. Under the law of the circuit, anonymity—the ability to proceed under a pseudonym—should be granted "only in those exceptional cases involving [1] matters of a highly sensitive and personal nature, [2] real danger of physical harm, or [3] where the injury litigated against would be incurred as a result of the disclosure of the plaintiff's identity."
This case does not come close. The plaintiff asserts this case has generated substantial publicity and he fears retaliation if his identity is disclosed. But he has alleged nothing suggesting he has any greater basis to fear retaliation than the plaintiffs in most discrimination cases. That a case has attracted public interest is not a reason to withhold information about the case from the public.
