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Anonymous Speech Cases

This is a list of First Amendment cases involving protection of anonymous speech.

The Supreme Court has protected anonymity under the First Amendment, but as with other constitutional rights, it has balanced protection for anonymous speech against competing interests, notably in the areas of political activity, campaign finance, and use of the Internet.

From the United States’ earliest days, speakers addressing controversial public questions have sought anonymity.

For example, the authors of the Federalist Papers, which supported ratification of the Constitution, published under the pseudonym Publius. Also many revolutionary-era pamphleteers published under assumed names, often to escape prosecution.

  • John Doe #1 v. Reed (2010)

In Doe No. 1 v. Reed (2010), the Court upheld a state law requiring the
disclosure of referendum signers and ruled that the law on its face does
not violate the First Amendment.

  • Lewis Publishing Company v. Morgan (1913)

Lewis Publishing Company v. Morgan (1913) said requiring newspapers to
submit the names of editors and owners to the Post Office did not violate
the First Amendment.

  • McIntyre v. Ohio Elections Commission (1995)

In McIntyre v. Ohio Elections Commission (1995), the Court ruled that an
Ohio statute requiring author identification on election-related
publications violated the First Amendment.

  • Talley v. California (1960)

Talley v. California (1960) ruled that an ordinance requiring all handbills
to identify the person who published them violated the First Amendment
freedoms of speech and press.

  • Zwickler v. Koota (1967)

Zwickler v. Koota (1967) overturned a district court ruling that had turned
down an appeal against a law criminalizing distribution of anonymous
handbills.

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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