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Courts That Have Addressed the Issue of Whether Internet Service

Question 3

Multiple Choice

Courts that have addressed the issue of whether Internet service providers can be forced under subpoena in civil lawsuits to reveal the identity of people who post anonymous messages on the Internet


A) uniformly agree there is an absolute First Amendment right to engage in anonymous online speech that protects against such compelled disclosure/.
B) uniformly agree the First Amendment is not relevant in this issue and that Internet service providers must therefore always reveal the identity of people who post anonymous messages on the Internet.
C) have attempted to create tests that balance First Amendment interests against the needs of plaintiffs for the names of a people who posts anonymous messages on the Internet.
D) have held that the Fourth Amendment must be balanced against the First Amendment in such civil lawsuits.

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