Copyright is Not a Shortcut Around the Constitution’s Anonymous Speech Protections, EFF Tells Court

Anonymous speech is an important protection for those concerned about political or economic retribution, harassment, or even threats to their lives. The shield that protects those speakers’ anonymity in U.S. court is the First Amendment, and applying the appropriate constitutional test during litigation allows a court to appropriately balance the necessity of unmasking a litigant with the harm of exposing them.

Unfortunately, courts do not always apply the correct tests to protect anonymous speakers, particularly when they use other’s copyrighted …

anonymity anonymous constitution copyright court dmca eff fair use