Corporate Criticism on the Internet: The Fine Line Between Anonymous Speech and Cybersmear

Abstract

This Comment seeks to examine the emergent issue of the corporate cybersmear and the attempt to strike a balance between corporations seeking to protect or repair their reputations and anonymous speech protected under the First Amendment. Part I of this Comment will address the underlying First Amendment concerns involving restrictions of anonymous Internet speech. Part II will discuss how corporations are able to sue John Doe. Part III will discuss how defamatory cheap shots can cause cheap stocks and provide examples of particularly notorious cybersmears. Part IV will analyze the difficulty of proving defamation in cyberspace. Lastly, Part V will discuss what actions a corporation should take in attempting to stop or minimize the effects of online defamation.