Week 5: First Amendment: Chilling Speech – Threats to Anonymity

In addition to prohibiting speech, the Government can encroach on the First Amendment by “chilling speech,” which simply means that it develops policies and laws that dissuade speakers who might otherwise speak, from speaking. The right to speak anonymously was key to the founding of the country. However, with digital technology, anonymity can be compromised by a variety of third party players. At the same time, hate speech, libel and slander seems to require the unmasking of anonymous writers online. This session will explore the benefits and consequences of anonymity and the dangers of government interference.

Required readings:

• FAQ of cyberSLAPP.org.
• Danielle K. Citron, Cyber Civil Rights, 89 B.U. L. REV. 61 (2009).
• Daniel J. Solove, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale University Press, 2007), Ch. 6, pp. 125-149.
• Daniel Solove, Can You Be Sued for Unmasking an Anonymous Blogger?, Concurring Opinions, Aug. 25, 2009.