More government overreach

Two Kentucky lawmakers recently introduced a bill in the state House of Representative that would prohibited anonymous postings to blogs and other online forums.

Rep. Tim Couch (R-Hyden) and Jimmy Higdon (R-Lebanon) sponsored HB 775, which was introduced on March 4. If passed the new law will "require prior registration for anyone who posts information to a website, blog, or message board and create fines for violations."

This bill represents yet another overstep of government power and an erosion of personal liberty. A law of this nature would produce a chilling effect on free speech and violates the First Amendment's free speech clause, creating undue governmental regulation of speech.

The ability to disseminate views anonymously allows citizens to express unpopular views without the fear of retaliation or censure.

Courts have upheld the right to anonymous expression, especially in the realm of political speech, recognizing the importance of the protective shield anonymity affords. Typically courts have only allowed forced disclosure of anonymous communicators in cases of "compelling governmental interest".

In Tally v. California (1960) the United States Supreme Court overturned a ban on anonymous leafleting saying, "Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all."

In a similar ruling, the court upheld Margaret McIntyre's right to distribute unsigned leaflets. The state of Ohio had banned the practice under the auspices of election law.

In its 1995 ruling in McIntyre v. Ohio, the Supreme Court noted, "The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible. ...

Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation -- and their ideas from suppression -- at the hand of an intolerant society."

Interestingly, James Madison and John Jay published the Federalist Papers under pseudonyms, in essence a form of anonymous speech.