Is an anonymous online comment about an employer or politician protected speech?

Originally recorded as part of the Bureau of National Affair's "Thought Leadership" video series, Media Law Partner Charles D. Tobin examines this question in a webinar about cases that meld centuries-old precedents, such as The Federalist Papers, with the latest technology. Although the rights of online speakers have grown over the last decade, Mr. Tobin says this is certain: "If somebody has been dissed on the Internet, you can bet they're going to want to know who the speaker is."

Mr. Tobin explains the current five-part test often used in cases where a plaintiff seeks the identity of a commenter. He also offers some basic advice for both Internet chat room hosts who have been subpoenaed, and businesses seeking damages from online postings.

Note: Reproduced with permission from Internet Law Resource Center, "Holland & Knight's Chuck Tobin Addresses Anonymous Speech on the Internet," BNA Video Insights. Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com  

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