Anonymous Speech: Literature, Law and Politics

Description

Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists’ sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech. This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet. Preface Contents Note on Abbreviations Table of Cases Table of Statutes and Constitutional Provisions 1. Introduction I. The Problem of Anonymity II. Virtues and Vices of Anonymity III. The Death of the Author? IV. Pseudonyms V. Anonymity and Privacy 2. The Varieties of Anonymous
Writing I. Introduction II.
Novels and Poetry III.
Literary Journals and Reviewing IV.
Newspapers and Periodicals V.
Political Writing VI. Religious and Philosophical Writing VII.
Art and Graffiti VIII.
Peer Review of Academic Articles IX.
Concluding Reflections 3. Anonymity and Freedom
of Speech I. Introduction II. Mcintyre v Ohio Elections Commission III. A Speaker's Right to Anonymity? IV. Interests of Readers and Audiences V. Categories of Speech VI. Conclusions 4. Anonymous Speech in English Law I. Introduction II. Legal History of Anonymity Restraints III. Legal Position Today IV. Anonymous Whistle-Blowing in English Law 5. The Protection of Anonymous Sources I. Introduction II. Law on Journalists' Privilege III. Arguments of Principle Concerning Source Anonymity IV. Who Can Claim the Privilege? 6. Anonymity on the Internet I. Culture of Anonymity II. Anonymity in the Social Media III. Defamation Law and Anonymity on the Internet IV. The Spickmich Case in Germany 7. Anonymous Speech, the Secret
Ballot and Campaign
Contributions I. Introduction II. Secret Ballot and Related Questions III. Anonymity and Donations to Political Parties Index