| | At Large Membership and Civil Society Participation in ICANN |
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Domain Names ARE Protected Speech
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So, if ownership of a domain name is protected speech (at least in the US), should the speaker be able to hide their owneship information? That is, would the judge have found the same way if the owner was able to hide their identity?
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Speech may be anonymous and still protected by the Constitution. The Supreme Court has recognized an anonymity interest in speech, when it has struck down "registration" ordinances for people who distribute handbills, for example.
e.g. WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW
YORK, INC., et al., PETITIONERS v. VILLAGE OF
STRATTON et al.
http://supct.law.cornell.edu/supct/html/00-1737.ZO .html
First, as our cases involving distribution of unsigned handbills demonstrate,13 there are a significant number of persons who support causes anonymously.14 “The decision to favor anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one’s privacy as possible.” McIntyre v. Ohio Elections Comm’n, 514 U.S., at 341—342.
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