Democrats’ election reform bill attacks anonymous political speech

The issue of donor disclosure by nonprofit groups has once again surfaced in legislative form, as HR1, a bill passed by the Democratic-controlled House of Representatives last week, applies new disclosure regulations to groups engaging in political speech…

Anonymous political speech allows a speaker to criticize government without fear of retribution from that same government. In one of the first landmark free speech court cases, Schenck vs. United States, the Supreme Court upheld a conviction against socialist Charles Schenck, who printed leaflets urging U.S. citizens to oppose the draft leading up to World War I. Schenck had spent $125 to mail his flyers opposing conscription, and was sentenced to six months in prison.

Similarly, speech disclosure regulations by the government open individuals who want to quietly support political causes up to bullying and harassment. In the 1950s, Alabama cracked down on the NAACP, demanding to see a list of its members. But in 1958, the Supreme Court found in favor of the NAACP, ruling that “compelled disclosure of affiliation with groups engaged in advocacy may constitute (an) effective … restraint on freedom of association.” The court noted past membership lists being made available subjected members to “economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility.”