Defamatory material, like obscenity, is not protected by the First Amendment. But just like obscenity, a particular message cannot be considered defamatory until it has been adjudged to be so by a court of competent jurisdiction. A Tennessee court, recognizing this principle, allowed a blogger who is accused of publishing defamatory comments to remain anonymous, absent a prima facie showing that the plaintiffs have in fact been defamed. (source)
This story was originally published on The Legal Satyricon.
