Comments on Dorf on Law: Anonymous Campaign Donations Revisited

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2011-12-02T03:54:15.915-05:00

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Even if one thinks that it's okay for the gove...

2011-09-01T22:20:43.885-04:00

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2010-12-05T04:38:43.739-05:00

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2010-12-05T04:37:54.469-05:00

This comment has been removed by the author.

In the US elections, I see the overwhelming power ...

2010-10-26T20:42:18.076-04:00

In the US elections, I see the overwhelming power of anonymous political “donations” to trick people into voting against their own interests. I suggest Americans give up the sham of being a democracy. Instead, they should hold a public auction where various cartels can buy politicians. The money from the slave auction would go to general revenue to reduce everyone’s taxes. There could also be a sort of stock market for daily buying and selling of politicians’ individual votes. The big advantage is who bought whom would at least be known, unlike now. It would also allow citizens’ groups and environmental groups to legally buy politicians too. At least the public then would know which corporations were funding the most evil and boycott them.

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2010-08-20T23:20:22.800-04:00

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Just saw a newspaper story about the Washington St...

2010-01-17T14:38:28.936-05:00

Just saw a newspaper story about the Washington State petition anonymity case. Links led to your Nov. 2009 Findlaw article. I think a distinction can be drawn between petitions addressed to officials (who then may act or not) and petitions that result directly in referendums. The latter are more akin to legislating, and I think it should be up to the states to decide whether such activity can be done anonymously.

As a policy issue I think an analogy can be made with the "right to confront" in criminal cases. The referendum on Domestic Partnerships in Washington State (like Prop. 8 in CA) is an egregious case. But many political initiatives involve the attempt by one group in society to reduce, restrict or limit rights enjoyed by others. Zoning laws protect some property owners by limiting the activities open to others, for example. If someone or some group is going to push legislation that harms my interests, should I not have the right to know from whence this attack comes? How am I to mount an effective defense without this information?

To give an example of how this might work with respect to cases like Doe#1 - suppose I am a gay man, and learn from release of the names of the petition's signers that a close relative (my own uncle, say) signed the petition. Maybe he didn't understand what he was signing. Maybe he didn't know I was gay. In any case I now have the opportunity to talk with him and perhaps change his mind. Anonymity prevents this kind of healthy debate.

If there were a well-founded fear of illegal reprisal or harassment based on history (as of the KKK) then the protection of anonymity might be justified. But the gay-rights movement has no significant history of violence, and the fear of boycott does not deserve protection. To make an analogy, I don't see why an anti-Semitic shopkeeper shouldn't suffer a boycott from Jewish customers if he were to attempt to write his prejudices into law. You don't put money into the hand that slaps you, and the law should not allow anonymous slaps.

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If the liberal POV is so correct, why is it that l...

2009-11-21T11:34:00.752-05:00

If the liberal POV is so correct, why is it that liberals insist that the most severe punishment one can inflict on a closeted gay Republican is public disclosure?

If being "gay" (i.e., being a homosexual) shouldn't be stigmatic, then logically homosexuality must be normal within society as a whole and therefore, criticism of homosexuality must be a non sequitor and it follows that heterosexuals should be perceived as "abnormal".

It then should appear that to the homosexual "community", being heterosexual is abnormal, so logically being gay is normal and therefore isn't deserving of any special consideration and that marriage between a man and a woman is abnormal.

All the above is tongue-in-cheek, of course. I'm not sophmoric and find the whole "same-sex marriage" controversy fairly amusing.

I'm less worried about small donor/large donor...

2009-11-17T12:15:46.984-05:00

I'm less worried about small donor/large donor anonymity than I am about potential voter/nonpotential voter anonymity. I do not believe that there's a very good policy or constitutional argument that a nonvoter attempting to influence a political question (whether we're talking about lobbying, a referendum, whatever) deserves any anonymity in these circumstances, whether we're talking about donations or petition signatures. For example, if individual members of People for Home Nukes who are actually registered to vote in the relevant jurisdiction wish to circulate and sign a petition supporting their, umm, preferences, that seems to fall within Professor Dorf's concerns. The organization itself, though, and NONregistered voters in that jurisdiction (obviously restricted to donations and ads!), simply do not have a proper interest in anonymity. That's not to say that they should be silenced or prohibited from donations; it is only to say that an outsider to the question cannot expect anonymity.

Paul gave 1/2 the answer I would have given to Tom...

2009-11-17T08:21:15.128-05:00

Paul gave 1/2 the answer I would have given to Tom Lang. The other 1/2 is that to the extent that TL points to the availability of signers' names as a means of crowd-sourcing the checking of fraud, I agree that this is a good argument against anonymity--as I said in both the column and the blog post. Whether the crowd-sourcing claim is true in any given case and whether the interest in crowd-sourcing outweighs the worry about chilling political participation is, as I noted, what makes this a hard question.

In response to Howard Wasserman's query, so long as the state plans to release the names with a fear of reprisal by the signers, there is a live issue. The anonymity of signers is collateral to the merits of the petition.

Why isn't Doe v. Reed moot? The election is ov...

2009-11-16T23:10:42.413-05:00

Why isn't Doe v. Reed moot? The election is over. Is this capable of repetition-yet-evading-review? Is it likely that these individuals will sign petitions in the future for which they will not want their names disclosed?

Tom, I think your issue-specific thinking is cloud...

2009-11-16T20:59:10.452-05:00

Tom,
I think your issue-specific thinking is clouding your judgment. If "outing" was essential to Gay Marriage rights in Mass, then to me that actually makes the issue less close than Mike is suggesting. It means, unequivocally, outing has a significant chilling effect.

While that might be good, today, for Gay Marriage (something I, and Mike, completely support), one can certainly see how the opposite would have been true as recently as 10 years ago.

Other important social issues may face opposite circumstance where the very chilling that benefited Gay Marriage in MA would act to stall these movements.

"Thus, Washington would do well to construe o...

2009-11-16T17:33:12.368-05:00

"Thus, Washington would do well to construe or amend its Public Records Act to protect the anonymity of the Doe plaintiffs. The shield that Washington's conservatives seek today could prove invaluable for progressive causes—including marriage equality—tomorrow."

You have GOT to be kidding me. We would not have marriage equality in Massachusetts if it hadn't been for name posting. The work of KnowThyNeighbor.org in 2005 exposing fraud and keeping the conversation going on marraige equality, but also the use of this strategy in 2000/01 by the Mass Gay and Lesbian Political Causus and the ACLU to post names of the signers of the mini DOMA in MA as well as the signers of a bait and switch petition for horsemeat in dog food which were being used to confuse signers to qualify for the ballot. If Mass had been hit by a mini DOMA, Goodridge would not have been allowed. This is about a social issue Mr. Dorf. and social issues can only reach public awareness with such actions as to force or place before the public social responsibility.