8. Levy, Emergence of a Free Press, pp. 4344.
Anonymous and
zens' basic rights, including the right of free
speech. Anonymous Internet communica-
pseudonymous
9. David Freeman Hawke, Paine (New York: Harper
tions may be the only way to ensure those
& Row, 1974), p. 44.
speech on the
regimes' accountability.56 For example, Lance
10. See Jacob Cooke, ed., The Federalist (Middletown,
Internet is enti-
Cottrell, CEO of anonymizer.com, has recent-
Conn.: Wesleyan University Press, 1961).
ly joined forces with Professor Lord Alton,
tled to First
long active in human rights work, to offer
11. "A Federal Farmer" was Richard Henry Lee.
Amendment pro-
Lee was a signer of the Declaration of
Chinese citizens anonymous access to a site
Independence and had been president of the
and survey on Chinese population control.57
tections.
Continental Congress. Ibid., p. 142. Not to be
Anonymous and pseudonymous speech
confused with "A Farmer," a pseudonym probably
on the Internet forms a part of the rich tradi-
of John Francis Mercer, a law student of Thomas
Jefferson's. "On the issues of a bill of rights, polit-
tion of such speech in prior media, including
ical parties, and especially representation and
print, and is entitled to the same First
simple versus complex government, the argument
Amendment protections. Legislation against
of this Maryland writer is indispensable to the
anonymity threatens to end that rich tradi-
student of Anti-Federalism." The Complete Anti-
Federalist, ed. Herbert J. Storing (Chicago:
tion and should be opposed. If such legisla-
University of Chicago Press, 1981), vol. 5, p. 5.
tion is passed, we can be confident that the
Supreme Court will again find it inconsistent
12. "Candidus" was used by both Samuel
with our Constitution and our history.
Adams and Benjamin Austin Jr. One of Adams's
essays shows that at least one of the Framers
understood the problem of overspending and
national debt, "warning against the tendency to
Notes
blame on a lack of energy in government what is
really due to dissipation and living beyond the
1. ACLU v. Miller, 977 F. Supp. 1228 (N.D. GA) (1997).
means available; the remedy is to be found, not
in government reform, but in industry and fru-
2. Ibid.
gality." The Complete Anti-Federalist, vol. 4, p. 124.
3. Leonard W. Levy, Emergence of a Free Press (New York:
13. "Cato" was potentially Gov. George Clinton.
Oxford University Press, 1985), pp. 10918. See also
See The Complete Anti-Federalist, vol. 2, p. 101.
John Trenchard and Thomas Gordon, Cato's Letters
(Indianapolis, Ind.: Liberty Fund, 1995).
14. William Lloyd Garrison, the editor of The
Liberator, an abolitionist paper, was subject to
4. Clinton Rossiter notes the influence of the let-
potential retaliation. "Several black abolitionists
ters, saying, "No one can spend any time in the
followed him from his office to his Roxbury resi-
newspapers, library inventories, and pamphlets
dence each night to protect him from physical
of colonial America without realizing that Cato's
attacks." The Black Abolitionist Papers: Volume III:
Letters rather than Locke's Civil Government was
The US, 18301846, ed. C. Peter Ripley et al.
the most popular, quotable, esteemed source of
(Chapel Hill: University of North Carolina Press,
political ideas in the colonial period." Clinton
1991), p. 10.
Rossiter, Seedtime of the Republic (New York:
Harcourt, Brace & World, 1953), p. 141. See gen-
15. "A Colored Baltimorean" was William
erally Bernard Bailyn, Pamphlets of the American
Watkins, a freeborn and educated black man. He
Revolution, 17501776 (Cambridge, Mass.:
served as minister and doctor to the blacks of
Harvard University Press, 1965), pp. 2829.
Baltimore and opened up a school for blacks
when he was only 19. Later, he wrote for Frederick
5. Leonard W. Levy, Freedom of the Press: From
Douglass's paper under the name "A Colored
Zenger to Jefferson (New York: Bobbs-Merrill, 1966),
Canadian." Ibid., p. 97.
pp. xxvi, 114.
16. "Communipaw" was James McCune Smith,
6. Ibid.
who held a doctorate degree in medicine and
opened the first black-owned pharmacy. "Smith
7. See generally James Alexander, A Brief Narrative
helped define many of the themes of the black
of the Case and Trial of John Peter Zenger (Cambridge,
abolitionist movement." Ibid., p. 350.
Mass.: Belknap Press of Harvard University Press,
1963), pp. 125.
17. "Magawisca" (who also used the pseudonyms
6