• [ 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:1088
@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
    954 views
    Thumbnail for I Built a Classic Mario Kart Battle Map in Zeepkist! | kAN Gaming13:20
    I Built a Classic Mario Kart Battle Map in Zeepkist! | kAN Gaming
    invidious
    616 views
    Thumbnail for "Girlfriend thought she could beat me in a 1v1"0:31
    "Girlfriend thought she could beat me in a 1v1"
    AOUisgay
    555 views
    Thumbnail for THE FUSE HAS BEEN LIT. GOT GOLD? | SGT Report24:37
    THE FUSE HAS BEEN LIT. GOT GOLD? | SGT Report
    bitchute_topics
    1022 views
    Thumbnail for School Choice and the Middle Class: Q&A with Matthew Ladner of the Goldwater Institute1:34
    School Choice and the Middle Class: Q&A with Matthew Ladner of the Goldwater Institute
    ReasonVids
    975 views
    Thumbnail for Inside Nvidia's New T239 Processor: The Next-Gen Tegra For Switch 2? | Digital Foundry31:37
    Inside Nvidia's New T239 Processor: The Next-Gen Tegra For Switch 2? | Digital Foundry
    invidious
    517 views
    Thumbnail for "I Will NEVER Go Back" Is Life Better in Japan for Americans? | Oriental Pearl16:24
    "I Will NEVER Go Back" Is Life Better in Japan for Americans? | Oriental Pearl
    invidious
    190 views
    Thumbnail for Mike Flynn on Big Government (The Website) & The Videos That Brought Down ACORN8:21
    Mike Flynn on Big Government (The Website) & The Videos That Brought Down ACORN
    ReasonVids
    1041 views
    Thumbnail for Strawberry Cough: Biography of an Award-Winning Cannabis Strain6:29
    Strawberry Cough: Biography of an Award-Winning Cannabis Strain
    ReasonVids
    1010 views
    Thumbnail for Ep. 2566a - The World Is Now Feeling Inflation, [CB] Panicking, Losing Narrative | X22report15:04
    Ep. 2566a - The World Is Now Feeling Inflation, [CB] Panicking, Losing Narrative | X22report
    bitchute_topics
    1186 views
    Thumbnail for Bob Kudla - Economic Trap Set, No Escape, Inflation Incoming, Gold Will Begin To Make Moves | X22report26:10
    Bob Kudla - Economic Trap Set, No Escape, Inflation Incoming, Gold Will Begin To Make Moves | X22report
    bitchute_topics
    1079 views
    Thumbnail for The current state of the West1:48
    The current state of the West
    AOU
    1550 views
    Thumbnail for Some Scots can't say "purple burglar alarm" | Limmy0:18
    Some Scots can't say "purple burglar alarm" | Limmy
    invidious
    384 views
    Thumbnail for Elon musk confronts the journalist he banned live | Capital J13:56
    Elon musk confronts the journalist he banned live | Capital J
    invidious
    414 views
    Thumbnail for ManBearPig, Climategate and Watermelons: A conversation with author James Delingpole9:52
    ManBearPig, Climategate and Watermelons: A conversation with author James Delingpole
    ReasonVids
    945 views
    Thumbnail for The Gardian Angel0:14
    The Gardian Angel
    BelleAriel
    4158 views
    Thumbnail for The secret to intricate thermal paste patterns | mryeester0:34
    The secret to intricate thermal paste patterns | mryeester
    invidious
    239 views
    Thumbnail for Grace-Marie Turner On Why Obamacare is Wrong for America7:14
    Grace-Marie Turner On Why Obamacare is Wrong for America
    ReasonVids
    1087 views
    Thumbnail for Liberal in Bed, Conservative in the Head: Sophie B. Hawkins, Breitbart, & Steele, @ Big Gay Party6:48
    Liberal in Bed, Conservative in the Head: Sophie B. Hawkins, Breitbart, & Steele, @ Big Gay Party
    ReasonVids
    1185 views
    Thumbnail for Why did 343 FIX this? | Tomahawk0:31
    Why did 343 FIX this? | Tomahawk
    invidious
    461 views
    Thumbnail for NEYMAR ESTREIA, QUASE FAZ GOLAÇO, "APANHA" MUITO, e Santos SÓ EMPATA com o Botafogo-SP! | CANELADA1:04:15
    NEYMAR ESTREIA, QUASE FAZ GOLAÇO, "APANHA" MUITO, e Santos SÓ EMPATA com o Botafogo-SP! | CANELADA
    invidious
    203 views
    Thumbnail for Stephen Cox on Libertarian Literature and Prisons as Failed Planned Societies9:32
    Stephen Cox on Libertarian Literature and Prisons as Failed Planned Societies
    ReasonVids
    1134 views
    Thumbnail for oh, you're a leftist? | Luke Correia0:06
    oh, you're a leftist? | Luke Correia
    invidious
    122 views
    Thumbnail for Santo Rosário | Quaresma 2024 | 03:40 | 30° Dia | Live Ao vivo4:19:30
    Santo Rosário | Quaresma 2024 | 03:40 | 30° Dia | Live Ao vivo
    invidious
    413 views
    Thumbnail for Government installed a revolving door0:27
    Government installed a revolving door
    x0x7
    199 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