There have been some challenges over the years to the First Amendment to the US Constitution over online writing — specifically as it pertains to blogging; and even more specifically, blogging anonymously. Here’s a bit of a roundup:
SUPREME COURT(S) ANONYMOUS BLOGGER RULING(S)
“The right to remain anonymous is a fundamental component of our right to
free speech, and it applies every bit as much in the digital world as it does in
the physical one. In the words of the U.S. Supreme Court in McIntyre v. Ohio
Elections Commission, ‘Anonymity is a shield from the tyranny of the majority.’ ”
• The freedom to publish anonymously is protected by the First Amendment, and,
as Talley indicates, extends beyond the literary realm to the advocacy of political
causes. Pp.341-343:
https://supreme.justia.com/cases/federal/us/514/334/
• Delaware State Supreme Court Ruling in favor of anonymous blogging:
“Speakers and writers may seek anonymity as protection against prosecution, harassment, abuse and invasions of their privacy. “
https://www.nbcnews.com/id/wbna9614029
• From First Amendment encyclopedia:
“The Supreme Court has protected anonymous speech under the First Amendment … “
https://www.mtsu.edu/first-amendment/article/32/anonymous-speech
• ACLU Wins case on preserving anonymity in Michigan:
“The extent of the right to anonymous speech on the internet has also become an issue in some court cases. The Supreme Court has recognized anonymity rights in speech, albeit not an absolute right, and lower courts have generally taken the same view when it comes to anonymous speech on the internet.”
https://www.mtsu.edu/first-amendment/article/32/anonymous-speech
• United States District Court for the Northern District of California:
“Victory! Court Rules That DMCA Does Not Override First Amendment’s Anonymous Speech Protections”
https://www.eff.org/deeplinks/2022/06/victory-court-rules-dmca-does-not-override-first-amendments-anonymous-speech
• Maryland Court of Appeals:
“A big win for anonymous Web speech“
https://www.rcfp.org/journals/the-news-media-and-the-law-spring-2009/big-win-anonymous-web-speec/
• How the First Amendment Protects Anonymous Speech Online
“Anonymous speech really is fundamental to the history of the United States.”
https://www.freedomforum.org/how-the-first-amendment-protects-anonymous-speech-online/
