Anonymous Speech
Protocol: The fight over anonymity is about the future of the internet
By David Pierce and Issie Lapowsky
[Jeff Kosseff:] You might want anonymity because it actually helps to shape the speech. The Federalist Papers, if it was just signed by Hamilton, Madison and Jay, that might have had a different impact than having the name of a long-deceased Roman emperor. So there’s that impact of anonymity. There’s also, frankly, just safety and legal reasons why you might very much want to avoid having your name associated with speech, especially if you’re criticizing powerful politicians or businesses. So that’s really the function that added anonymity plays: It really ultimately comes down to a power balance.
Reason (Volokh Conspiracy): How Manuel Talley’s Handbills Paved the Way for Anonymous Speech Protections
By Jeff Kosseff
My book explains the strong, but not absolute, protections that U.S. courts provide to anonymous speech. Those safeguards originated from a dispute over civil rights activist Manuel Talley’s March 22, 1958, distribution of handbills outside the A&D Market in Los Angeles. The handbills called for a boycott of the store, alleging that the retailer sold products from manufacturers that did not employ racial minorities.
The Courts
Paste Magazine: David Mamet Supports Controversial Texas Social Media ‘Censorship’ Law With Literary Legal Brief
By Brian Bell
Mamet’s latest literary work is a two-page short story titled Lessons from Aerial Navigation written within an amicus brief in support of a Texas law, HB 20, aimed at prohibiting moderation of conservatives on social media platforms. The law was blocked from implementation by a federal judge late last year, but the case is still awaiting a conclusion.
State Department
RealClearPolicy: U.S. Dept. of State Thinks It’s an Authority on Fake News
By Adam Andrzejewski
Some say America has a fake news problem. They might be on to something.
Americans’ trust in our media is at one of its lowest points, and social media has made disinformation easy to spread. But as America is tackling its own fake news problem, our government is pretending to be experts on it in Zimbabwe. In fact, the U.S. is sending $100,000 to Zimbabwe to help that country tackle fake news, according to a grant notice from the U.S. Department of State…
It encourages a three-pronged approach: Strengthening public understanding of freedom of speech and press freedom, improving media literacy to combat disinformation and increasing media sustainability, innovation and professionalization.
The States
Idaho Freedom Foundation: Senate Bill 1367 — Campaign Finance, Lobbyists
By Parrish Miller
Senate Bill 1367, as amended in the Senate, would make many changes to Idaho’s laws on campaign finances. There are several concerning provisions in this bill. But perhaps the most notable one redefines “electioneering communication” to include virtually all forms of political messaging within 60 days of a primary election. The current definition applies only within 30 days of a primary election and 60 days of a general election.
This change means that political messages that are sent while the Legislature is in session will be regulated as “electioneering communication” in most election years. The amendment to Senate Bill 1367 does provide an exception for “references to legislators and legislative candidates during the period while the legislature is in session and scheduled to meet before a primary election.” It should be noted, however, that this exception does not include references to the governor who signs legislation or to the attorney general whose opinions frequently kill or bolster legislative efforts.
Imposing the state’s regulatory structure regarding “electioneering communication” on people or groups who spend as little as $500 talking about current events in the Legislature represents a significant impediment to free speech.
