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First Amendment Right to Anonymous Free Speech

Articles / CyberLaw
Posted by admin on Feb 11, 2009 - 04:53 AM

In McIntyre v. Ohio Elections Commn., 514 U.S. 334 (Supreme Court of the United States, 1995), a woman was fined in violation of the Ohio Elections Commission Code for composing, printing, and distributing anonymous campaign literature which expressed her views on a proposed school tax. The Supreme Court held: "Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation -- and their ideas from suppression -- at the hand of an intolerant society."

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