Free speech isn’t very popular. It might be enshrined in the First Amendment to the U.S. Constitution, but that doesn’t mean most people like allowing it. That also doesn’t mean that the courts haven’t found ways to limit speech when they want to.
I heard a snippet of an interview on a TV news show Saturday while I was in a restaurant. The interviewer and a guest were talking about something untrue that one side had said of the other in a political battle between Democrats and Republicans. The interviewer seemed aghast at the blatant dishonesty.
“Shouldn’t it be illegal for them to say this since it’s not true?” he asked.
If you did a poll, I suspect a majority would agree with the interviewer, but that’s because they haven’t thought through the alternative to allowing unfettered free speech. If political dishonesty were declared illegal, who’s to judge what’s true? When two sides see the world in a different way, is one of them lying? And what about unpopular positions? Are those who warn that the mainstream is enslaving them guilty of telling lies?
And this brings us to anonymous speech. It’s come to be accepted today that a person who wants to engage in political speech is required to put his name on the piece. Ironically, using this standard, the collection of articles that successfully advocated for the adoption of the U.S. Constitution — the Federalist Papers — would be illegal today. It was accepted as an obvious right of free speech to hide your identity at the time, but those of the progressive left decided that’s not a good idea. So those who want to express their opinions are required to do it in a way that the money is essentially traceable in some way.
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