a legal word on free speech

a colleague sent me this recently.

Polito v. AOL Time Warner, Inc., 78 Pa. D. & C.4th 328 (2004)

The First Amendment is not intended to protect unconditionally all forms of expression. Clearly those people who have committed no wrongdoing should be free to participate in online forums without fear that their identity will be exposed under the authority of the court. But, if an anonymous Internet speaker engages in tortious or criminal conduct, the protection of the right to communicate anonymously must be balanced against the need to assure that those persons who choose to abuse the opportunities presented by this medium can be made to answer for such transgressions.

accountability in the event of criminal conduct can outweigh one’s expectation of anonymity.

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