NY v. VDARE Foundation, Inc. [on behalf of pseudonymous authors]

The Institute for Free Speech has filed a motion to protect the identities of anonymous authors caught in the crossfire of an investigation by the New York Attorney General into VDARE, an online publication to which the authors contribute under pseudonyms. Our clients simply wish to defend their First Amendment right to publish anonymously without fear of retaliation or harassment.

Both the court and Attorney General have acknowledged the need to shield these authors’ identities. The Institute urges the adoption of a protocol that would allow VDARE to produce responsive documents while hiding any personal details about anonymous contributors.

The First Amendment requires protecting the right of these authors to remain anonymous. Free speech rights must not become collateral damage in an otherwise unrelated investigation.

On March 27, 2024, the court granted a motion to protect the identities of the anonymous authors, establishing a protocol for an independent referee to review documents and redact identifying information before providing them to the Attorney General’s office.

This outcome represents a significant win for the First Amendment rights of the authors represented by the Institute, allowing them to continue publishing anonymously without fear of having their identities revealed through this investigation.