Source: Electronic Frontier Foundation
by Corynne McSherry
“Discussions about illegal activity clearly are protected speech. Indeed, the Supreme Court recently affirmed that even ‘advocacy of illegal acts’ is ‘within the First Amendment’s core.’ In fact, protecting such speech is a central purpose of the First Amendment because it ensures that people can robustly debate civil and criminal laws and advocate for change. There is no reason to imagine that this bedrock principle doesn’t apply just because the speech concerns copyright infringement –especially where the speakers aren’t even defendants in the case, but independent third parties. And unmasking Does in copyright cases carries particular risks given the long history of copyright claims being used as an excuse to take down lawful as well as infringing content online.” (12/19/24)