The Electronic Frontier Foundation, Public Citizen and the American Civil Liberties Union have told a federal district court that the presidential campaign of Rep. Ron Paul (R-TX) should not be able to unmask an anonymous YouTube user [named “NHLiberty4Paul”] who uploaded an offensive video attacking Jon Huntsman…
In a complaint filed January 13, Paul asserted that the use of his name infringed his trademark and defamed him by improperly implying that he was behind it. The campaign has moved to identify the anonymous YouTube user, and seeks to have the video removed from the web and for the user to be prohibited from ever using Paul’s name.
But Public Citizen, the EFF, and the ACLU said in an amicus brief (PDF) that the YouTube user has a First Amendment right to speak anonymously and cannot be subpoenaed unless the complaint produces evidence showing that there is a realistic chance that the lawsuit will be successful. The brief also argued that trademark law does not allow lawsuits over purely noncommercial political speech.
But remember: Ron Paul loves the Constitution! (Except for the part with that pesky First Amendment.)



