Note: Free Speech on the Internet: Does the First Amendment Protect the “Nuremburg Files”?

John P. Cronan
2 YALE SYMP. L. & TECH. art. no. 5

The aim of this Note is to examine standards of First Amendment scrutiny as applied to the “Nuremburg Files.” This Note argues that the “true threat” standard, as applied by the jury, is an improper standard of review. Although the jury ruled in favor of the plaintiffs, the verdict relied on an erroneously articulated “true threat” standard and thus stands in serious peril of being reversed on appeal. Instead, some have suggested that more appropriate review resides in the incitement standard. Yet, this Note concludes that the “Nuremburg Files” website still survives constitutional muster under the incitement standard.