About: Anonymous speech

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Inherent in the panoply of protections afforded by the First Amendment is the right to speak anonymously in diverse contexts. This right arises from a long tradition of American advocates speaking anonymously through pseudonyms, such as James Madison, Alexander Hamilton, and John Jay, who authored the Federalist Papers but signed them only as "Publius." One question is whether the right to anonymity is absolute, or if there are circumstances where the right must give way to other more paramount interests, such as obtaining information to facilitate a plaintiff's pursuit of a civil lawsuit.

Attributes	Values
rdfs:label	Anonymous speech
rdfs:comment	Inherent in the panoply of protections afforded by the First Amendment is the right to speak anonymously in diverse contexts. This right arises from a long tradition of American advocates speaking anonymously through pseudonyms, such as James Madison, Alexander Hamilton, and John Jay, who authored the Federalist Papers but signed them only as "Publius." One question is whether the right to anonymity is absolute, or if there are circumstances where the right must give way to other more paramount interests, such as obtaining information to facilitate a plaintiff's pursuit of a civil lawsuit.
dcterms:subject	First Amendment Free speech
dbkwik:itlaw/prope...iPageUsesTemplate	dbkwik:resource/UnDipahpDqhUBQHIT-NMRQ==
abstract	Inherent in the panoply of protections afforded by the First Amendment is the right to speak anonymously in diverse contexts. This right arises from a long tradition of American advocates speaking anonymously through pseudonyms, such as James Madison, Alexander Hamilton, and John Jay, who authored the Federalist Papers but signed them only as "Publius." The U.S. Supreme Court has stated that "an author's decision to remain anonymous . . . is an aspect of the freedom of speech protected by the First Amendment." This is because "the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry." The Supreme Court has also held that there is "no basis for qualifying the level of First Amendment scrutiny that should be applied to . . . [the Internet] medium." Accordingly, "[i]t is clear that speech over the internet is entitled to First Amendment protection" and that "[t]his protection extends to anonymous internet speech." One question is whether the right to anonymity is absolute, or if there are circumstances where the right must give way to other more paramount interests, such as obtaining information to facilitate a plaintiff's pursuit of a civil lawsuit.

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