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Reason
Reason
Eugene Volokh

The Cecil-the-Lion-Killing Dentist, Civil Rights Boycott Noncompliers, and Hamas Supporters

What should the legal system think about attempts to publicly identify people whom one accuses of shameful behavior? What should social norms be on this?

The issue just came up a few days ago as to the lists of names and photos of Harvard students who were allegedly linked to pro-Hamas-attack statements. But the question has come up many times in recent years. Some people label such behavior "doxxing," including when the only information released is the person's name and perhaps photograph (as opposed to, say, bank account numbers, social security numbers, home addresses, home phone numbers, etc.). Many are understandably concerned that such behavior can lead not just to ostracism and condemnation, but also to violent attacks or at least threats.

This strikes me as a difficult question as a matter of social norms, precisely because the problem is so common. Any news story that reveals someone's alleged crimes or misconduct could lead many people to shun the person, some people to send nasty messages to the person, and a few to actually make illegal threats or even engage in physical attacks, especially if the alleged misconduct is seen as especially bad. (Consider, for instance, the identification of the dentist who killed Cecil the lion, which apparently led to threats against the dentist.) Any viral video that shows someone supposedly saying or doing something racist or sexist or otherwise sharply condemned by many people could have the same effect.

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