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The United States of Anonymous: How the First Amendment Shaped Online Speech

Online ISBN:
9781501762390
Print ISBN:
9781501762383
Publisher:
Cornell University Press
Book

The United States of Anonymous: How the First Amendment Shaped Online Speech

Jeff Kosseff
Jeff Kosseff
United States Naval Academy
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Published online:
19 January 2023
Published in print:
15 March 2022
Online ISBN:
9781501762390
Print ISBN:
9781501762383
Publisher:
Cornell University Press

Abstract

This book explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The book features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, the book explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The book weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.

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