• [ 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:1118
@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
    999 views
    Thumbnail for Oh shit0:15
    Oh shit
    bestofvoatxyz
    699 views
    Thumbnail for Gladys Porter Zoo mourns death of western lowland gorilla | Fully Vaccinated Gorilla Dies of Multiple Organ Failures1:56
    Gladys Porter Zoo mourns death of western lowland gorilla | Fully Vaccinated Gorilla Dies of Multiple Organ Failures
    bestofvoatxyz
    967 views
    Thumbnail for The-Joy-Of-ᗅᗺᗷᗅ59:28
    The-Joy-Of-ᗅᗺᗷᗅ
    AOUisgay
    619 views
    Thumbnail for Bald is beautiful1:18
    Bald is beautiful
    bestofupgoat
    425 views
    Thumbnail for Coronavirus and Climate Change - #PropagandaWatch17:43
    Coronavirus and Climate Change - #PropagandaWatch
    corbettreport_uo
    2300 views
    Thumbnail for The jews say fuck you kanye0:59
    The jews say fuck you kanye
    bestofupgoat
    248 views
    Thumbnail for The CLASSIC wahmen moment0:59
    The CLASSIC wahmen moment
    bestofupgoat
    302 views
    Thumbnail for This is what happens when you ask AI to generate human evolution.0:39
    This is what happens when you ask AI to generate human evolution.
    bestofvoatxyz
    923 views
    Thumbnail for Nigger Nigger - parody 2:14
    Nigger Nigger - parody
    Gassinjews
    287 views
    Thumbnail for Good Morning1:24
    Good Morning
    EricaPolarBear.Archive
    637 views
    Thumbnail for Cute blonde0:48
    Cute blonde
    MerkinMuffly
    12087 views
    Thumbnail for Someone's A.I. idea of Macron giving a helping hand0:27
    Someone's A.I. idea of Macron giving a helping hand
    bestofupgoat
    148 views
    Thumbnail for sheeeeeeit wut dem boxes do 0:11
    sheeeeeeit wut dem boxes do
    bestofupgoat
    399 views
    Thumbnail for The middle sized guy from Staten Island protests the migrants everyday and exposed the medias agenda to replace us live on air gets shut down5:14
    The middle sized guy from Staten Island protests the migrants everyday and exposed the medias agenda to replace us live on air gets shut down
    bestofupgoat
    617 views
    Thumbnail for Brooke Marsden pussy slip1:17
    Brooke Marsden pussy slip
    MerkinMuffly
    5680 views
    Thumbnail for The Simple Idea by Mies van der Rohe that Changed Chicago | Stewart Hicks13:30
    The Simple Idea by Mies van der Rohe that Changed Chicago | Stewart Hicks
    invidious
    2 views
    Thumbnail for blessings0:52
    blessings
    christianfriend
    512 views
    Thumbnail for National Committee Chair Nicholas Sarwark on the Libertarian Party's Plan for 20168:52
    National Committee Chair Nicholas Sarwark on the Libertarian Party's Plan for 2016
    ReasonVids
    1096 views
    Thumbnail for @mikenigger gets drafted1:49
    @mikenigger gets drafted
    bestofvoatxyz
    667 views
    Thumbnail for Chess on Cool Math Games is...different | Bobby BoJanglles13:22
    Chess on Cool Math Games is...different | Bobby BoJanglles
    invidious
    409 views
    Thumbnail for "Father of Video Games" Nolan Bushnell on Learning through Gaming4:34
    "Father of Video Games" Nolan Bushnell on Learning through Gaming
    ReasonVids
    1182 views
    Thumbnail for Holy Spirit You Are Welcome Here: Prayer Instrumental Music, Meditation with Autumn 🌿CHRISTIAN piano | CHRISTIAN Piano1:00
    Holy Spirit You Are Welcome Here: Prayer Instrumental Music, Meditation with Autumn 🌿CHRISTIAN piano | CHRISTIAN Piano
    invidious
    409 views
    Thumbnail for Grain-free flatbread recipe0:59
    Grain-free flatbread recipe
    invidious
    236 views
    Thumbnail for Child slaves under Hollywood mansions rn: | FunnyMemeSpot0:14
    Child slaves under Hollywood mansions rn: | FunnyMemeSpot
    invidious
    269 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