Silencing John Doe: Defamation and Discourse in Cyberspace

Abstract:     
This article deals with defamation actions brought against John Doe defendants for anonymous speech on the Internet. These actions, sometimes denoted as cyberslapps, threaten to chill the vitality of Internet discourse. This Article articulates a theory that justifies protecting John Doe from the silencing effect of unfounded defamation actions and suggests steps that courts should take to adapt the First Amendment privilege for opinion to the unique context of cyberspace.

Keywords: Internet, defamation, first amendment, opinion, hyperbole, satire, john doe, anonymous speech

Accepted Paper Series