This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

U.S. Supreme Court,
Constitutional Law

Apr. 17, 2012

Anonymity in cyberspace: courts shield speech but not piracy

Difficult questions arise when litigants attempt to unmask anonymous Internet users in order to assert legal claims based on their online activities.

Andrew J. Thomas

Partner, Jenner & Block LLP

Phone: (213) 239-5100

Email: ajthomas@jenner.com

Harvard Univ Law School; Cambridge MA

Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.

CONTENT MATTERS

Few disagree that noncommercial speech on the Internet is fully protected by the First Amendment, or that the First Amendment protects the right to speak anonymously. Yet difficult questions arise when litigants attempt to unmask anonymous Internet users in order to assert legal claims based on their online activities.

Invoking the Founders' pseudonymous political advocacy in The Federalist Papers, the U.S. Sup...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails