The key then, is to find a way to limit anonymous defamatory speech, while at the same time protecting other anonymous speech
. There are two parts to this.
As David Ogden and Joel Nichols point out, "by their inherent nature bans on anonymity do not impose burdens equally on all expression." (97) It is rather "the most controversial views, the fringe political parties and candidates, the unorthodox ideas, and the least popular advocacy groups or religious sects that will principally be deterred by bans on anonymous speech
." (98) But McIntyre's extensive anonymity protection is justified not only as a shield against the majority punishment of minority viewpoints, but also as a shield that protects numerous kinds of speech or information-seeking that might suffer or wither away in the harsh light of publicity.
Because data retention eliminates all anonymous speech
online by making
Online comments also facilitate more anonymous speech
, which tends to have different attributes from attributed speech.
In fact, the federal courts have long defended the constitutional right to anonymous speech
. Chief Justice William Brennan wrote in the 1971 decision of Rosenbloom v.
A closely related argument is that anonymous speech
is more dangerous on the Internet because of the lack of gatekeepers, such as publishers, editors, or television producers who may know the identity of the anonymous speaker or filter out anonymous speech
And in a politically repressive environment, anonymous speech
may be the only way to express dissent.
There the Federalists backed down from an attempt to prohibit anonymous speech
in the face of claims that such a prohibition "reversed the important doctrine of freedom of the press." Given the pervasiveness of anonymous political speech and its triumph over legal restrictions in the years immediately preceding the adoption of the First Amendment, Thomas concluded that anonymous pamphleteering was protected by the concept of freedom of speech.
"We want to thank @twitter and @aclu for standing up for the right of free anonymous speech
," the operator of the @ALT_USCIS account (https://twitter.com/ALT_uscis/status/850399183127273472) wrote on Twitter following the dismissal.
Ohio Elections Commission, (198) the Court reaffirmed Talley's vibrant protection of anonymous speech
when it declared unconstitutional (199) a law prohibiting the distribution of anonymous campaign literature.
Courts have developed tests to determine when it is justified to order Internet providers to divulge anonymous users' identities to allow them to be sued, recognizing that anonymous speech
is an important part of free speech.
"Protections for anonymous speech
are vital to democratic discourse.
The Internet may have an effect on how anonymous speech
The court noted that the First Amendment protects the right to anonymous speech
. The court then observed that the only way to remain anonymous in an email transmission would be to enter a false IP address or domain name in the email.
conjures the image of a pamphleteer who speaks out