Anonymous Speech and the CDA

Anonymous speech has been a bulwark of protected speech since the earliest days of the Republic. As with so many things, the Internet has changed everything in this area of law. We have gone from the anonymous speech of Thomas Paine and the authors of the Federalist Papers to theDirty.com and Cheaters.com, which contain anonymous postings that can be devastating to one's reputation. The law has sought to address the longstanding protection for anonymous speech with some protection for those who are the subject of anonymous postings.  

As we examine the progression of these efforts we will seek to answer the question of whether reputation can be safe in the world of the Internet or what may be risked by posting anonymous criticisms of a business, product, or person. In this course, attorney James Stewart brings more than thirty years of experience to a discussion of anonymous speech and the Communications Decency Act.  

Learning Objectives:

I.    Understand Section 230 of the Communications Decency Act (“CDA”) and the extent of its protection offered to Internet Service Providers who host anonymous speech 

II.   Identify what can be done if a client has been defamed by an anonymous speaker 

III.  Recognize courses of action when a client has been sued as a “John Doe” for the content of an anonymous posting