Mar 8, 2010 by Bruce 0
Sinking into “ad hominem democracy”
Bradley Smith, the former chairman of the Federal Election Commission, writes a thoughtful essay on the value of anonymous political speech. In light of the Ref 71 petition signers case coming up for oral argument at the Supreme Court next month, Smith’s discussion couldn’t be any more timely concerning the dangers of “disclosure” laws. His key paragraph:
For 35 years, mandatory disclosure of political contributions has been the most popular part of the campaign-finance “reform” agenda. Yet the idea that Americans should report their political activity to the government is, in many ways, the most un-American part of that agenda. Excessive disclosure invades privacy to little benefit and provides government—and others—the information they need to retaliate against people holding unpopular or inconvenient views. Moreover, compulsory disclosure sends the message that identity, not ideas, matter. Call the result “ad hominem democracy,” an atmosphere in which serious, civil debate about issues seems ever harder to find.
The usual defense for disclosure laws is that they are needed to prevent corruption of the candidates and, hence, the process. But Smith points out that federal laws mandate disclosure of all donations over $200. And 40 states have a threshold of $100 or less. Can anyone seriously argue that you can buy a candidate for those amounts? And most of those states and federal government require the disclosure of the contributors’ occupations and employers. To what end?
Some of the stories of intimidation and retribution that Smith recounts in the name of “disclosure” are pretty eye-opening. It’s worth a read.
Signed,
Publius