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For most people the internet has been a dream come true, allowing instantaneous access to a vast array of information, opinion, and entertainment and facilitating communication with friends and family throughout the world. For others, however, the internet has wrought a nightmare, allowing often anonymous enemies a platform for vicious attacks on the character of their victims and a means for revealing to the world embarrassing private information about them.
To combat these attacks, victims and law enforcement officials in the United States have employed both analogue remedies such as harassment and stalking laws as well as cyber-specific provisions.
Since the attacks involve speech, however, all these remedies must comport with the First Amendment. This chapter argues that this approach to dealing with cyber harassment is misguided. This methodology often results in shoehorning the speech at issue into exceptions into which the speech does not fit, or worse yet, in a finding that the speech is protected by the First Amendment simply because it does not fall within a recognized exception.
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:. Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
