PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1058

JOHN DOE,

Plaintiff – Appellant,

v.

JANE DOE,

Defendant – Appellee. ------------------------------

FIRST AMENDMENT COALITION; PROFESSOR EUGENE VOLOKH,

Amici Supporting Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:22-cv-00500-D-BM)

Argued: September 19, 2023 Decided: October 26, 2023

Before AGEE, WYNN, and THACKER, Circuit Judges.

Affirmed by published opinion. Judge Thacker wrote the opinion in which Judge Agee and Judge Wynn joined.

ARGUED: Kara L. Gorycki, NESENOFF & MILTENBERG, LLP, New York, New York, for Appellant. Kelly Margolis Dagger, ELLIS & WINTERS LLP, Raleigh, North Carolina, for Appellee. ON BRIEF: Andrew T. Miltenberg, NESENOFF & MILTENBERG, LLP, New York, New York, for Appellant. James M. Weiss, ELLIS & WINTERS LLP, Raleigh, USCA4 Appeal: 23-1058 Doc: 54 Filed: 10/26/2023 Pg: 2 of 22

North Carolina, for Appellee. Eugene Volokh, First Amendment Amicus Brief Clinic, UCLA SCHOOL OF LAW, Los Angeles, California, for Amici Curiae.

2 USCA4 Appeal: 23-1058 Doc: 54 Filed: 10/26/2023 Pg: 3 of 22

THACKER, Circuit Judge:

John Doe (“Appellant”) filed this civil action alleging claims for defamation, abuse

of process, tortious interference with contract, intentional infliction of emotional distress,

and civil conspiracy against Jane Doe (“Appellee”) after Appellee accused Appellant of

sexual assault. When Appellant filed his complaint, he also filed an ex parte motion to

proceed using the pseudonym “John Doe,” rather than his real name. The district court

denied the motion. Because we conclude that the district court did not abuse its discretion

in doing so, we affirm.

I.

Appellant began his undergraduate studies at Tulane University in August 2018 and

was on track to graduate in May 2022 prior to the events giving rise to this lawsuit. 1

Appellant had an ongoing but not steady, “uncommitted, casual relationship” with a

woman he calls “Sue Roe” in Fall 2019, and at various points in Spring and Summer 2021.

J.A. 8. 2 In August 2021, Appellant and Sue Roe left a bar together, went to Sue Roe’s

house, and engaged in what Appellant alleges was consensual sex. Afterward, Appellant

told Sue Roe that they “may regret that later,” which made her cry. Id. at 9. After

apologizing, Appellant went to sleep but was awakened at some point later by Sue Roe’s

housemate, who asked him to leave.

1 We recount the facts here as Appellant alleged them in his Complaint. 2 Citations to the “J.A.” refer to the Joint Appendix filed by the parties in this appeal.

3 USCA4 Appeal: 23-1058 Doc: 54 Filed: 10/26/2023 Pg: 4 of 22

In September 2021, Appellant “matched” on Tinder with Appellee. Several months

later, Appellant invited Appellee to his fraternity party, which they attended on January 29,

2022. Appellee then texted Appellant on February 2, 2022, to wish him a happy birthday.

Around midnight that night, Appellant asked Appellee if she “wanted to hang out,”

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