Anonymous communication OK...Until next year

Published on August 16, 2007
by Michael Schrimpf

On Monday, a judge in South Dakota ruled that the identity of an anonymous contributor to a failed 2006 election effort does not have to be disclosed.

However, the state law has since been changed and going forward anonymous donations will be prohibited.  CCP, though, remembers numerous examples that call into question the efficacy of mandatory disclosure.

About fifty years ago the state of Alabama tried to learn the names of all NAACP members engaged in the civil rights movement. It is frightening to imagine what Alabama would have done if such information was given to them.

In response to Alabama's inquiry, the Supreme Court rightly stated that it "is hardly a novel perception that compelled disclosure of affiliation with groups engaged in advocacy may constitute...a restraint on freedom of association."   

Unfortunately, the new law in South Dakota has no such respect for the First Amendment guarantee of freedom of association.  And it is naïve to think that the possibility of retribution ended 50 years ago.  Just this year the Washington Post highlighted the story of Gigi Brienza, a modern victim of political intimidation.

In 2004, a radical group, named by the FBI as one of the most serious domestic terrorist threats, took Ms. Brienza's name and address from FEC disclosure documents and put her on a "target" list under the heading "Now you know where to find them."  The organization was upset that Ms. Brienza worked for Bristol-Myers Squibb.

But it is not just radical groups that threaten retaliation against activists with whom they disagree.  Sam Fox, an otherwise qualified candidate, was forced to withdraw his name from consideration as Ambassador to Belgium after Senator John Kerry denounced Fox for having contributed to a political advocacy organization that was critical of Senator Kerry.

Forced disclosure of grassroots activity dismantles an effective staple of American democracy - anonymous speech.   Thomas Jefferson, James Madison, and Abraham Lincoln are just some names that engaged in an activity that is now outlawed.  Being unable to advocate anonymously is a blow to the political process in South Dakota.