Editorial: Internet bill defies free speech
Dean Murray, a Republican from East Patchogue, represented parts of Suffolk County’s South Shore in the Assembly from 2010-12 before losing to Assemb. Edward Hennessey (D-East Moriches). Credit: James Carbone
The Internet is changing the way we communicate, but it isn't altering the U.S. Constitution. That's why a bill in front of the New York Assembly and Senate allowing people to demand that any anonymous Web posting be taken down from any website based in New York makes no sense.
According to an opinion piece written by Assemb. James Conte (R-Huntington Station), a co-sponsor, the bill would fight cyberbullying, and untrue Web smears against businesses. But there are already laws that allow such posters to be unmasked when their words are libelous or damaging. This bill says, "A web site administrator upon request shall remove any comments posted on his or her web site by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name and home address are accurate."
That's pretty broad, considering it covers comments like "The Giants stink," or even "The Giants rock."
The primary sponsor in the Assembly is Dean Murray (R-East Patchogue). Other sponsors include Fred Thiele Jr. (I-Sag Harbor), Harvey Weisenberg (D-Long Beach), Brian Curran (R-Lynbrook), Philip Boyle (R-Bay Shore), Al Graf (R-Holbrook), Michael Montesano (R-Glen Head), Joseph Saladino (R-Massapequa), David McDonough (R-Merrick), Edward P. Ra (R-Franklin Square) and Dan Losquadro (R-Shoreham).
The protection of anonymous speech has been upheld by the courts repeatedly for fliers, pamphlets, brochures, books and Internet sites. Judges ruled such communications are allowed, and even crucial to public debate.
Few would defend bullying, or the dishonest trashing of businesses. The reach of the Internet may be making such attacks easier, but this law does not increase protections against truly damaging speech in a way that protects the fundamental right of free expression.
Conte cited an effect he hoped this bill would have beyond curbing cyberbullying against individuals and businesses: cutting down on mean-spirited political attacks. That's about the most protected form of speech in our nation, and the one some politicians like least.
