Free speech regulation masquerading as ‘transparency’

May 27, 2010 18:12


Every effort to erode liberty and free speech always is disturbing.  What is truly alarming about these recent examples is how new and proposed violations of individual rights are lathered in transparency rhetoric. As an advocate of real transparency, I’m concerned that such a masquerade impedes both free speech and transparency.

By: Michael Barnhart at Washington Examiner

Sen. Charles Schumer, D-NY, and Rep. Chris Van Hollen, D-MD, have introduced legislation to gut the Supreme Court’s Citizens United decision protecting the free speech rights of citizens when organized into groups such as labor unions, corporations and trade associations.

Beyond the reporting of group expenditures, the Schumer and Van Hollen bills, if enacted, would require the speech-chilling disclosure of individual contributors.

On May 10, the Wisconsin Government Accountability Board ruled that tribes, corporations and other groups must report spending on political advertising. In so doing, the board staff lamented that current Wisconsin law is insufficient to force the likewise speech-chilling public disclosure of the identities of those who simply exercise their free speech rights by contributing lawfully to legitimate organizations.

The Washington Post recently published an article citing “transparency” as justification for effectively regulating Twitter content.  The article, “Undercover persuasion by tech industry lobbyists,” fingers lobbyists who “tweet” under their names (gasp!) without a legal disclaimer or link to their most recent lobby disclosure forms.

Every effort to erode liberty and free speech always is disturbing.  What is truly alarming about these recent examples is how new and proposed violations of individual rights are lathered in transparency rhetoric. As an advocate of real transparency, I’m concerned that such a masquerade impedes both free speech and transparency.

Transparency is not a duty of private citizens to one another, nor is it a regulatory standard that must be met before free speech is deemed permissible. And, transparency is not a set of hurdles to be cleared before a citizen is allowed admission into the public square.

Transparency is the affirmative duty of government to disclose information to citizens.  Transparency guarantees access to information that empowers every citizen to hold government officials accountable for the conduct of the public’s business and the spending of taxpayers’ money. Official accountability to citizens is the great positive—the cornerstone of self-government and liberty.

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