Jeff Kosseff writes:
… For more than a decade, state and federal judges have attempted to balance these competing interests as they determine whether the First Amendment protects the right to speak anonymously online. Some courts require plaintiffs to demonstrate an exceptionally strong defamation case, and to satisfy numerous procedural requirements, before the courts will enforce subpoenas for the identity of anonymous Internet posters. Other courts provide very little, if any, protection for online anonymous speech.
The issue came to a head in two recent defamation cases in the past month.
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