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Fifth Circuit on Pseudonymity of Libel Defendant (Who Claims She Was Sexually Assaulted)

Eugene Volokh | 11.4.2026 2:46 PM

From Doe v. Roe, decided today by Fifth Circuit Judges Jennifer Walker Elrod, Carolyn Dineen King, and Carl Stewart:

After receiving notice of Jane Roe's impending California lawsuit involving allegations of sexual assault and sexual harassment, John Doe sued Roe in the Southern District of Mississippi, alleging that Roe was attempting to extort and defame him. Roe moved to proceed pseudonymously in the Mississippi lawsuit. The district court denied her permission to do so. Roe appeals that decision, raising several concerns with the district court's analysis. Because we agree with some of Roe's arguments, we vacate and remand for the district court to reconsider whether Roe should be allowed to proceed pseudonymously….

Whenever a party seeks pseudonymity, courts must determine whether "the normal practice of disclosing the parties' identities yields to a policy of protecting privacy in a very private matter." … The district court concluded that Roe was not entitled to pseudonymity … [in part because of] Roe's status as a defendant and waiver…. [But] Roe's defendant status is entitled to no weight in determining the........

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