Protected Speech

I sit in the middle on this page with an objective to raise points of interest to anyone, regardless of political view. Writing on this page brings scrutiny to my opinions and exposes myself to debate and argument. I have learned it takes courage to stand in front of the crowd for what I believe, and I always work to ensure there are no personal attacks in my writing, but often I see columnists and bloggers using personal attacks in an effort to drive home their point. Fueling these attacks is the veil of anonymity; no longer signing a letter or a blog response with your name and address creating an inflammatory environment. Furthermore, I do not believe the First Amendment was intended to protect anonymous speech, but the Supreme Court has taken a different view.

I absolutely believe our democracy thrives on protected speech; it differentiates us from the oppression found around the world when ideas and opinions are given. Appropriately, libel and slander laws are also in place to prevent abuse of protected speech.

A few recent examples of my concern over whether anonymous speech is protected are important as I feel the cowardice of anonymity fuels defamatory personal attacks. For example, Tiger Woods is fighting in the Court of public opinion. Legitimate writers are identifiable and must “source” their comments. Sadly though, I have read news articles on various web sites where anonymous bloggers attack Tiger’s character and make crude comments about him personally. These anonymous people don’t know him and have no basis for those comments, but behind the veil of anonymity these people weakly assert defamatory opinions.

Similarly, people either love or hate Sarah Palin. As a country we are as divided on feelings about her as we are on college football in Florida. We all know the story of Palin and her rise to the highest position of leadership in Alaska, but yet people attack her personally. Opinions focus not on Palin’s accomplishments as a politician, but instead follow David Letterman’s method of crude, personal attacks. A quick look at the Huffington Post article regarding the Newsweek cover featuring Palin’s “legs” showed over 1,000 commentators and I must wonder how the tone of those comments would change had real names and addresses been used.

Personally, I feel the problem with the protection of anonymous speech is it allows for cowardice and unfounded statements. But, the Supreme Court has repeatedly ruled anonymous speech is protected. The much cited 1995 Supreme Court ruling in McIntyre vs. Ohio Elections Commission reads: “Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . 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 . . . at the hand of an intolerant society.”

Although protected, sadly anonymous speech typically leaves the door open to defamation and the burden to prove otherwise is on the victim. Thus, this empowers questionable publications and writings and can sway public opinion on unfounded claims. I will continue to sign my name and always write with the understanding that I stand by my opinions and am not ashamed to hide behind anonymity. I encourage you to consider what you want to say and whether it is anonymity or your beliefs that give you the strength to share your opinion.