43 Furthermore nothing prevents an 34 Id at 1594 n64 35 See id at 1604 36

43 furthermore nothing prevents an 34 id at 1594 n64

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''43 Furthermore, nothing prevents an 34. Id. at 1594 n.64. 35. See id. at 1604. 36. Gutman, supra note 6, at 161. 37. Pennington, supra note 30, at 1585. 38. See Rozierv. St. Mary's Hosp., 411 N.E.2d 50, 53-54 (Il1. App. Ct. 1980). 39. S. Elizabeth Wilbom, Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 GA. L. REV. 825, 829 (1998). 40. Id. at 828-30. 41. See id. at 830-31. 42. See Gutman, supra note 6, at 147-48 (describing the case of Steve Olafson, whose blogging resulted in the termination of his employment with a reputable newspaper). 43. Krause, supra note 7.
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BLOGGERS AND THE WORKPLACE employer from not hiring a potential employee because of his blog. 4 Thus, bloggers should exercise the same, if not greater, decorum and restraint online as they would on the telephone or through e-mail, because their professional careers may be at stake. IV. RIGHT To ANONYMITY A. Anonymity as a Defense to Employers So how can employees protect themselves from employer retribution? The EFF advises bloggers to blog anonymously. 45 The EFF also advises password-protecting the blog, incorporating technical tools to prevent the blogger from being traced via their Internet address, and removing the blog from search engines such as Google. 46 But is posting anonymously really the answer? Can a blogger post anything anonymously without fear of repercussion? Even the EFF warns that blogging anonymously is not as easy as one might think. 47 Often, revealing general details can reveal the blogger's place of employment, if not identity. 48 Thus, although the EFF does not spell out the law regarding the legal limits of blogging anonymously, it emphasizes that the anonymous blogger must still blog in a "work-safe way" to avoid repercussions. 49 B. The Legal Limits to Anonymous Blogging Although the First Amendment does not protect bloggers from saying whatever they want without risking termination from employment, the Supreme Court has held that there is a First Amendment right to freedom of expression on the Internet and anonymity. 51 In McIntyre v. Ohio Elections Commission, the Court held that an Ohio statutory prohibition 44. See Gutman, supra note 6, at 152 n.50. 45. Electronic Frontier Foundation, How to Blog Safely (About Work or Anything Else), EFF.ORG, May 31, 2005, ("The best way to blog and still preserve some privacy is to do it anonymously."). 46. Id. .47. Id. 48. Id. 49. Id. 50. Reno v. ACLU, 521 U.S. 844, 885 (1997) ("The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship."). 51. McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 342 (1995). 2006]
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214 LOYOLA OF LOS ANGELES ENTERTAINMENT LAW REVIEW [Vol. 26:207 against distribution of anonymous campaign literature violated the First Amendment. 52 The Court found that expressing oneself anonymously is grounded within our constitutional and historical tradition.
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