5 TortSource 1 (2002-2003)

handle is hein.journals/tortso5 and id is 1 raw text is: Vol. 5, No. 1 Fall 2002 American Bar Association Protecting ,nnmu Speech Megan Gray and Sara Rose n June 2002, the Supreme Court reaffirmed the constitutional protection for anonymous speech. Watchtower Bible and Tract Socy v. Stratton, 536 U.S. , No. 00-1737, slip op. (2002). The Court held in Watchtower that a statute enacted by the small town of Stratton, Ohio, vio- lated the First Amendment by compelling people who wished to go on private residential prop- erty to promote a cause to first register their identities and intentions with town officials and obtain a permit that they would then be required to display upon request of a resident or police officer. Watchtower is the latest in a line of Supreme Court cases upholding the value of anony- mous speech. During the past 50 years, the High Court has repeatedly struck down laws that prevented people from speaking anonymously The Court has said any law restricting the right to speak anonymously must be narrowly tailored to serve a compelling state interest. c The protection of anonymous speech in the United States goes back to before the Republic was born. In fact, the tolerance of the Founding Fathers toward the right to speak anony- mously is not surprising: Many of the ideas incorporated into the Constitution were first pub- - lished anonymously in the Federalist Papers under the pseudonym Publius, and Thomas Pames Common Sense was initially signed An Englishman. continued on page 4

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