A Textual Analysis of the Influence of McIntyre v. Ohio Elections Commission in Cases Involving Anonymous Online Commenters
Jasmine E. McNealy
University of Kentucky - School of Library and Information Science
January 4, 2013
First Amendment Law Review, Vol. 11, pp. 149-171, 2012
Internet anonymity and the boundaries of the rights of anonymous Internet speakers is a growing issue. The First Amendment also protects anonymous speech. In McIntyre v. Ohio Elections Commission, the U.S. Supreme Court struck down an Ohio law that prohibited the distribution of anonymous campaign material. But the McIntyre decision concerned offline communications — fliers. A question remains as to whether the courts have or are willing to apply the McIntyre to anonymous Internet communications, and if so, is that application limited only to political speech. This study examines these questions in an attempt understand what impact McIntyre has had on the protection of online anonymity by presenting an textual analysis of cases in which subpoenas have been issued to identify anonymous online commenters.
Number of Pages in PDF File: 23
Keywords: anonymity, Supreme Court, free speech, internet, social mediaAccepted Paper Series
Date posted: July 11, 2012 ; Last revised: May 5, 2013
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