Should an individual have a “reasonable expectation of privacy” to remain anonymous and to voice their opinions, whatever they might be, and still be protected under the 1st and 4th Amendments?
Questions for Students:
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What is meant by the term anonymous?
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Have you ever sent or received an anonymous note or letter?
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Why do you think Americans are granted the right of anonymous speech?
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What are the benefits of anonymous speech?
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What are the drawbacks of anonymous speech?
Objective: The students will learn about anonymous speech. We will research the reasons why anonymous speech is allowed in our country. We will look into what forums it is used today. And we will study and learn more about anonymous speech on the Internet, a person’s right to free speech and freedom of expression in cyberspace.
We will study the case of John Doe v. Yahoo!.Inc. This is a current case (as of May 11, 2000) filed in United States District Court in Los Angeles by Aquacool_2000,” a pseudonymous Yahoo! user. Yahoo! Inc. disclosed personal information about Aquacool_2000 to a company named AnswerThink Consulting Group, Inc. AnswerThink had subpoena Yahoo!
Under our 1st Amendment right, the Supreme Court in McIntyre v. Ohio Elections Commission, 414 U.S. 334 (1995) ruled that anonymity “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.” The Court pointed out that the U.S. has a long tradition of protecting the right to communicate anonymously, beginning with the Federalist Papers in the late 1700s. This Supreme Court decision upheld the right to distribute anonymous political leaflets.
Justice Oliver Wendell Holmes in McIntyre v. Ohio Elections Commission, said “Don’t underestimate the common man. People are intelligent enough to evaluate the source of an anonymous writing. They can see it is anonymous. They know it is anonymous. They can evaluate its anonymity along with its message, as long as they are permitted, as they must be to read that message. And then, once they have done so, it is for them to decide what is ‘responsible,’ what is valuable, and what is truth.”
Vocabulary: anonymity, pseudonymous, anonymous speech, plaintiff, defendant, complaint, invasion of privacy, breach of contract, negligence, unfair competition, false advertising, privacy policy, damages, compensation, injunction, defamation, subpoena, Internet, TRUSTe, personal information, internet protocol (IP),
Activity:
The students will explain what is meant by the term anonymous speech.
The students will give an example of when a person might use anonymous speech.
They will identify people, groups, or organizations, which might use anonymous speech.
The students will give examples why such people, groups or organizations would want to use anonymous speech.
The students will read the John Doe v. Yahoo case.
The students will look at the case from the employer’s perspective.
The students will look at the case from John Doe’s perspective.
As the lesson progresses students should give examples on when issues of privacy, freedom of speech, and contract law have been violated.
What the students will learn:
Students will be able to apply learned knowledge of the 1st and 4th Amendments to the Internet.
Students will learn about case law, tort law and the legal process.
Materials to be used: http://www.epic.org/anonymity/aquacool_complaint.pdf
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http://www.epic.org/anonymity/aquacool_release.html
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http://www.epic.org/anonymity/epic_aclu_release.html
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Note:
With the passage of time, newer court cases and current event topics should be substituted.