• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

Who is Publius? or, Who's Afraid of Anonymous Political Speech?

Views:1282
@ReasonVids

To hear the Obama administration tell it, there are few things worse than anonymous political activity. Just recently, Health and Human Services Secretary Kathleen Sebelius told the Christian Science Monitor:

"The untold story of 2010 is not the "tea party" or not the health-care bill, or a number of these issues. It is the amount of money that is flowing in districts around the country and particularly the amount of anonymous money....

I haven't been any place where there aren't dozens of ads now being run and nobody knows who is behind them...I am used to a political system where people engage in battles and you know who brought them to the dance."

But is anonymous political speech really that new - or that bad?

Indeed, anonymous political speech isn't just a great American tradition. It helped create the United States of America. The Federalist Papers, the series of essays that influenced the adoption of the Constitution, were published under the pseudonym "Publius" (in reality James Madison, Alexander Hamilton, and John Jay). The anti-Constitution position was in turn articulated by "the Federal Farmer," whose identity remains a mystery.

Former Federal Election Commission chair Bradley Smith lays out other arguments in favor of anonymous political speech in a contemporary context:

"Election disclosure regulations are some of the most burdensome. Disclosure limits free speech because it allows the government to retaliate against people. The Supreme Court has consistently held that people do have a right to anonymous speech. The cases speak for themselves.

The most prominent one is probably NAACP v. Alabama (1964), when Alabama wanted to know who was funding the NAACP's activities. We can see how that would be intimidating. Then there's McIntyre v. Ohio Elections Commission (1995). McIntyre was doing anonymous brochures against a school tax, which all the school officials supported. She had children in the schools who needed grades and access to such things as athletic teams and bands. She didn't necessarily want her name known, even though it was important for her to fight this issue. Another major case was Brown v. Socialist Workers '74 Campaign Committee (1982). The socialists rightly said, "If we have to reveal our donors, they won't give us money. They will get harassed. Their businesses will get blackballed and that sort of thing." Disclosure can be more inhibiting than people think."

Which is something to think about when people already in power push legislation such as The DISCLOSE Act, which would force groups to list donors and reveal their names in advertisements. The DISCLOSE Act is in part a response to this year's controversial Citizen's United v. Federal Election Commission ruling by the Supreme Court. Hyperbolically likened by critics to the infamous Dred Scott decision, Citizen's United dealt with a documentary film censored by the government and broadened the speech rights of corporations, unions, and nonprofits. Far from opening American politics up to undue influence by unspecificed foreigners (as President Obama has charged), the ruling makes it easier for smaller groups and individuals to spread their messages.

As with many political firestorms, the current one about "dangerous" anonymous speech generates more heat than insight. Anonymous speech is fully in the American grain but it also comes at a price. When the source of political speech is not known or disclosed, voters tend to discount it, or at least look for corroboration elsewhere. Which is exactly how it should be. And if you don't in the end trust voters to make informed decisions, then all the mandatory disclosure in the world can't help them.

"Who is Publius?" is written and produced by Meredith Bragg and Nick Gillespie. Approximately 45 seconds.

For downloadable versions of all our videos, go to http://reason.tv. To receive automatic notification when new material goes live, subscribe to Reason.tv's YouTube Channel.

reason
,
reason.com
,
reason.tv
,
reason magazine
,
reason foundation
,
nick gillespie
,
federalist papers
,
james madison
,
alexander hamilton
,
john jay
,
anonymous
,
kathleen sebelius
,
sebelius
,
citizen's united
,
supreme court
,
dred scott
,
barack obama
,
disclosure
,
fec
    Movie Night
    Thumbnail for Liberty for Africa: Q&A with Adedayo Thomas4:54
    Liberty for Africa: Q&A with Adedayo Thomas
    ReasonVids
    1146 views
    Thumbnail for Everytime I leave my house in Australia0:50
    Everytime I leave my house in Australia
    bestofvoatxyz
    1320 views
    Thumbnail for Parking Regulations Driving Away Business!1:34
    Parking Regulations Driving Away Business!
    ReasonVids2
    1382 views
    Thumbnail for Why Civilians Must Acknowledge the Individual Cost of War: War Letter Collector Andrew Carroll2:54
    Why Civilians Must Acknowledge the Individual Cost of War: War Letter Collector Andrew Carroll
    ReasonVids
    1198 views
    Thumbnail for What Afghans Think About Bergdahl, the Taliban, and U.S. Intervention: Q&A with Author Anand Gopal6:10
    What Afghans Think About Bergdahl, the Taliban, and U.S. Intervention: Q&A with Author Anand Gopal
    ReasonVids
    1405 views
    Thumbnail for Paul Revere and His Relevance to Contemporary America with Author Joel Miller9:59
    Paul Revere and His Relevance to Contemporary America with Author Joel Miller
    ReasonVids
    1634 views
    Thumbnail for Dating Profile Disasters | Grunt Speak Shorts20:00
    Dating Profile Disasters | Grunt Speak Shorts
    Terrence Popp
    1248 views
    Thumbnail for As he's dying from cancer, Scott Adams calls anti-vaxxers terrible people for asking questions4:12
    As he's dying from cancer, Scott Adams calls anti-vaxxers terrible people for asking questions
    bestofupgoat
    325 views
    Thumbnail for What I ate in a day 😍 | Nishitha Mallur0:41
    What I ate in a day 😍 | Nishitha Mallur
    Invidious6
    405 views
    Thumbnail for Westphal v. Northcutt Press Conference10:21
    Westphal v. Northcutt Press Conference
    IJvids
    1685 views
    Thumbnail for Bring Back The People: Reason Saves Cleveland With Drew Care10:05
    Bring Back The People: Reason Saves Cleveland With Drew Care
    ReasonVids
    1538 views
    Thumbnail for R.I.P. YouTube | Grunt Speak Live2:22:16
    R.I.P. YouTube | Grunt Speak Live
    Terrence Popp
    1953 views
    Thumbnail for Granny Telling the "Truth" About The Holohoax2:12
    Granny Telling the "Truth" About The Holohoax
    bestoftalk.lol
    1252 views
    Thumbnail for How to improve learning0:33
    How to improve learning
    bestofpoal
    1249 views
    Thumbnail for Life + 185 Years: Three Stories of Incarceration9:22
    Life + 185 Years: Three Stories of Incarceration
    ReasonVids
    1338 views
    Thumbnail for Easter Carrot Cake 🥕 #cooking #italianfood #recipe #cake #thepastaqueen | The Pasta Queen0:58
    Easter Carrot Cake 🥕 #cooking #italianfood #recipe #cake #thepastaqueen | The Pasta Queen
    Invidious8
    333 views
    Thumbnail for Should Facebook and Twitter Censor Themselves? A Debate.1:26:12
    Should Facebook and Twitter Censor Themselves? A Debate.
    ReasonVids2
    1111 views
    Thumbnail for Calling UNRWA a Proxy for Hamas is a 'Flat-Out Lie' | Quotable0:55
    Calling UNRWA a Proxy for Hamas is a 'Flat-Out Lie' | Quotable
    invidious
    364 views
    Thumbnail for Doom II - MAP10: Refueling Base (Nightmare! 100% Secrets + Items) | decino7:15
    Doom II - MAP10: Refueling Base (Nightmare! 100% Secrets + Items) | decino
    Invidious8
    61 views
    Thumbnail for If Immigration’s At Your Door, Here’s What To Do | Law By Mike0:57
    If Immigration’s At Your Door, Here’s What To Do | Law By Mike
    invidious1
    427 views
    Thumbnail for Sunny s2e322:49
    Sunny s2e3
    SunnyFan
    333 views

points

Permalink
Reply
reason
,
reason.com
,
reason.tv
,
reason magazine
,
reason foundation
,
nick gillespie
,
federalist papers
,
james madison
,
alexander hamilton
,
john jay
,
anonymous
,
kathleen sebelius
,
sebelius
,
citizen's united
,
supreme court
,
dred scott
,
barack obama
,
disclosure
,
fec
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle