The United States of Anonymous: How the First Amendment Shaped Online Speech

by Jeff Kosseff

In The United States of Anonymous , Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.

Genres: Politics, Law, History, Technology, Nonfiction, Science, Internet

328 pages, Hardcover

Published March 15, 2022

Reviews

[Paul Taske · Rating 5 out of 5]

Excellent book. Kosseff provides an excellent overview of various aspects of anonymous and pseudonymous speech as well as privacy (and the relationship between the same).

This book provides a fantastic rundown of the history and development of various practices and legal protections for anonymous speech while also not shying away from some of the negative ramifications that occur in some instances.

[Matt Nyman · Rating 1 out of 5]

This awful book is a very weak argument for a much stronger "culture of anonymity" in America. When I say awful, I don't mean awful in the sense of being poorly written, poorly researched, or poorly laid out, or anything like that. The author is competent and clearly capable.

What is awful about this book is the author's argument. The book speaks for itself, and I won't try to restate it here in detail. But the author plainly believes that the world is a better place with much stronger anonymity protections in all aspects of public life. That anonymity is critical path for much of what makes society function, and that without anonymity society is worse off.

To be blunt, I think the author's point is not supported by the arguments made in this book, at all. In literally every chapter, the author takes the approach of detailing some of the worst actors in society, and how they use anonymity as a shield. The author then lays out the basic principles in a paragraph or two about the primary legal context for detailing with those worst actors - established principles of investigation, criminal law, copyright law, privacy law, etc. Fine, so far.

But then the author spends the entire chapter detailing how some lower courts in America have applied balancing tests of various kinds to create a kind of "right of anonymity" or at least a "culture of anonymity" in some contexts and in some limited situations, weighed against the VERY established body of primary case law in that subject matter area. For example, probable cause in investigations, or the government's right to prosecute crimes. Or a copyright holder's right to pursue infringement. And throughout, according to this book, society should balance anonymity against all of those very real interests (investigating and prosecuting crime, enforcing copyrights), and SHOULD prioritize anonymity over those interests.

I capitalize SHOULD because the author really has no good reason for making anonymity so important, throughout the entire book. Repeatedly, the author points out that people who want to be anonymous have six "incentives" for remaining anonymous. This is no doubt correct. I would love to be anonymous in many contexts myself where I want to trash the heck out of someone, especially when I don't really have all the facts! It would feel so good! I wouldn't be prosecuted for what I say, I wouldn't be sued, I wouldn't be embarrassed, society wouldn't judge me. But reasons for wanting to be anonymous are NOT an argument for why anonymity is good.

The problem here isn't what I would call ordinary course anonymity. If someone wants to post an anonymous statement really of any kind, ample opportunity exists in the world to do just that, by and large, using all of the technologies available today. The author loves an anonymous Washington DC dads and moms page that he knows about because people are free to say whatever they want without dealing with all those "incentives". And don't we all, I guess. If someone wants to anonymously say something harmless or broadly inoffensive, and needs help with a personal problem, well I just don't think anyone is going to take the time to "unmask" those people. And anonymity is NOT a problem in those cases.

But this author seems to believe that even for really bad actors, anonymity is an important right and something we SHOULD encourage. Without any basis for that argument, whatsoever. We have very well developed societal and legal standards in all of the substantive areas that are written about in this book (maybe some of the privacy rules online are still being worked out because that area is new), and those standards have been around for a very long time because they work. Probable cause as a basis for investigation is a very good standard. Copyright law infringement claims have very well established legal standards. Abuse of legal system standards, which is a big focus area for this author, also has excellent extremely well developed standards.

The idea of "balancing" anonymity against all the other well defined standards is just not a good idea and it isn't one we should adopt. An additional "right of anonymity" adds nothing to any of these established standards. Skip the belabored arguments and read something else.

[Rachel · Rating 4 out of 5]

Kosseff's "The United States of Anonymous" begins with an overview of important U.S. case law on anonymity, predating the internet, and the common motivations for anonymous speech. From there, he looks at specific cases that deal with subpoenas to unmask anonymous Internet users, and finally talks about examples of anonymity enabling both pro-social and criminal behavior online.

The book is a broad overview and good starting point on these issues - I was especially interested in the legal history and better understanding the underpinnings for how courts have engaged with issues around privacy, anonymity and free speech. It's an accessible and clear introduction to these topics. The book felt a bit repetitive at times and lacking depth on some of the thornier issues surrounding anonymity - Kosseff touches briefly on doxxing and sexist harassment, but there's only a brief mention of Q Anon and not much engagement with the landscape of online threats and efforts to unmask people in a post-Trump U.S. (Those issues may have an outsized importance to me as a journalist, but they seem very salient right now and I would have liked to read more about them.) But overall I found this an engaging and interesting read.

[Nette · Rating 5 out of 5]

The United States of Anonymous was a book I was very interested in reading because of the current times we live in today and the hiding behind a computer screen without any real consequence unless things turn really bad. Jeff Kosseff did a remarkable job in taking us all the way back, to truly understand how the First Amendment has been a base where everything else has been impacted, from politics, business, and beyond.
It leaves me with questions on how to currently protect people while still abiding by a law that protects freedom and a right to both sides of the argument. Why has the First Amendment remained the same even though the times have changed? It makes you think of the fairness and unfairness of certain events that used the First Amendment to protect themselves. Jeff Kosseff wrote the book appropriate for the times we are currently living in, a book to read and reread as it is just filled with so much educational material.

[Tony Leach · Rating 4 out of 5]

I’d never considered so deeply the importance and nuances of anonymity - nor its history in the US. I leave with a much deeper respect it’s importance.

[Stephen Harrison · Rating 4 out of 5]

This book is a thoughtful exploration of how anonymity—especially online—has been shaped by U.S. values, legal precedent, and evolving technology. Kosseff argues that anonymous speech is fundamentally tied to American free-speech protections as well as privacy protections. Kosseff takes the reader through some issues where anonymity is obviously crucial (political speech and personal information) to issues where there is a grey area (disclosing privileged or classified information) to areas where it anonymity has been abused (online harrassment). He acknowledges that anonymity can be used to cause harm, but concludes that preserving anonymity in the digital age is both legally and socially essential. The book is well-researched and very readable. It is meant for laymen (like me) who are interested in how and why anonymity is protected. My only criticisms are that it is a little repetitive and I would have like to see something about the dangers of anonymous radicalization online, but those are relatively minor issues. Overall, I found this book to be excellent and valuable. I plan to soon read Kosseff's earlier book on Section 230 of the Communication Decency Act. 9 (The Twenty-Six Words That Created the Internet).


Here are more specific points that I took away from it:
1. Anonymity as a Core American Value
Anonymity in American expression goes back to colonial pamphleteering and revolutionary writings, showing that pseudonymous communication played a vital role in shaping public discourse long before the internet. It provides a voice for people with unpopular opinions to be heard and potentially change people's minds.

2. Constitutional Protections and Court Precedent
U.S. courts have protected anonymous speech across decades. Kosseff looks into landmark cases such as those preventing forced disclosure of NAACP membership lists and cases striking down anti-mask laws, showing the judiciary’s role in guarding anonymity as a facet of free association and expression.

3. Digital Era Challenges
The internet age brought new challenges for courts and platforms. These include defamation and “unmasking” subpoenas and have led to differing platforms' policies and real-name requirements. Judicial standards have generally favored protecting online pseudonymous speech, especially when it’s opinion-based.

4. Weighing Benefits and Harms
Tradeoffs are at the center of this issue. Anonymity can empower dissenting voices, protect privacy, and encourage open debate, but it also enables harassment, misinformation, and other harms. Kosseff does not dismiss these problems, but argues that the benefits outweigh the costs and that strong protections remain essential.

5. Legal and Technological Protection
The closing chapters outline how privacy laws and technologies might reinforce the culture of anonymity, advocating for broader privacy protections and resisting efforts to erode anonymous speech online. Kosseff advocates for a more sweeping privacy protection law from Congress rather than relying on the state-to-state patchwork that exists now and is relavtively week.

[Rachel · Rating 4 out of 5]

I did not know much about First Amendment law prior to this book, and it provided a great primer in this area, while still focusing on its main topic: anonymous speech in the digital age. I really enjoyed how the author traced the development of First Amendment anonymity jurisprudence from NAACP v. Alabama to today's fight for a nationwide privacy law.

I also found it fascinating how Al Sharpton's National Action Network spoke out in support of the KKK's lawsuit to protect its members' ability to march with masks and hoods over their faces. Quote from their amicus brief in the case: "One purpose of the First Amendment is to protect speech and ideas that many citizens, if not most, find disturbing and disagreeable. It is for the general marketplace of ideas, not statutes, to determine which ideas will be accepted and which will be discarded. While the organization seeking this permit does not espouse views which decent people may wish to hear, it is nevertheless essential to the political rights of the millions of members of quality civil rights organizations like the National Action Network, which must be protected." This example showed how much nuance is involved in First Amendment law and the author's treatment of its legal history was done quite well.

[Dominique Absalom · Rating 5 out of 5]

This is a heavy book to read but its an important book. With the advancing state of technology and the ever rotating discourse of speech, it is important (based in the geopolitical realm of the US), to know how the first amendment has shaped public discourse that have created the foundations for the systems that are present in out every day lives.

This is not a light read, mind you. If you are interested in the topic of law, free speech and internet security, this is your book. As the law jargon is very much present, it can be a task to get through but it is an interesting read that would leave you all the more knowledgeable on how your rights have shaped communication discourse and anonymity up to the modern age.

Thank you NetGalley and Cornell University Press for the ARC.

[Becky Chambers · Rating 4 out of 5]

Kosseff does a great job explaining the interplay between the freedom of expression, freedom of association, privacy, and anonymous speech online. Anonymity is both a benefit and a scourge of the internet and Kosseff proposes clear ways to help courts deal with this including balancing first amendment rights with the harm perpetrated in all cases, both civil and criminal. And finally, we NEED a national privacy law that comprehensively covers all of our data and allows us to move more anonymously through this world.

[Ruslan · Rating 4 out of 5]

Anyone who is interested in online rights, security, and the right to be anonymous will like this book. The only reason to put 4 stars is that I would like to see a wider view, comparisons. Thanks for the opportunity to read the book in advance!

[Robfen · Rating 5 out of 5]

If you are interested in either free speech or privacy, the book will be hard to put down.

[Sasush · Rating 4 out of 5]

Interesting look through history. Very good to review.

[Eli Grossman · Rating 3 out of 5]

Started off slow, but I ended up enjoying the end. Written like a 272 page college essay citing court cases and anecdotal stories. Wild how online anonymity was started / is treated / how it works.