The First Amendment right to speak freely is not necessarily the right to speak anonymously.
A Missouri businessman has filed a lawsuit challenging the Missouri law that requires political advertisements to disclose the name and address of the person who paid for them.
The businessman, identified only as "John Doe," intends to publish handbills or pamphlets, according to the filing. He fears retaliation from public officials if his identity is revealed.
The Missouri law is reasonable and practical.
As a matter of ethics, two approaches are to require disclosure and/or to limit the amounts of political contributions.
We believe disclosure is imperative. Limits are not.
Although limits may be desirable, they may be an unconstitutional infringement on speaking freely - putting your money where your mouth is.
The "John Doe" lawsuit is intriguing because it challenges whether speaking anonymously in political advertising is constitutional.
The lawsuit seeks an exemption from the "paid for by" requirement on advocacy handbills in a city council race. Tony Rothert, ACLU of Missouri legal director, notes the suit does not involve big-money donors or "the anonymity of mass communicators who do not distribute their own printed materials or who communicate other than by handbill."
In layman's language, "John Doe" is focusing on the specific picture, handbills in a local election, not the big picture, setting a precedent for anonymous, major contributions to campaigns.
(The argument can be made that "dark money" channeled to political action groups already permits anonymity, but campaign reports do require disclosure, although it is not always specific or timely).
Rothert is optimistic. He said: "The Supreme Court has unequivocally said that such individuals have a right to remain anonymous, like James Madison, Alexander Hamilton and John Jay did when they published and distributed the Federalist Papers" in the 1780s.
We foresee mischief if the courts rule the right to speak freely is the right to speak anonymously in political advertising.
Falsehoods, innuendo and attacks are standard fare in election campaigns. Anonymity will only up the ante.
We champion free speech in political advocacy, but we support the right to know who's speaking.