Charles Krauthammer shows how reform community zealots and the IRS targeting of political opponents have weakened any good government argument for the full disclosure of political contributions.
In his lone dissent to the disclosure requirement in Citizens United, Justice Clarence Thomas argued that American citizens should not be subject “to death threats, ruined careers, damaged or defaced property, or pre-emptive and threatening warning letters as the price for engaging in core political speech, the primary object of First Amendment protection.” (Internal quote marks omitted.)In fact, wariness of full disclosure goes back to 1958 when the Supreme Court ruled that the NAACP did not have to release its membership list to the state, understanding that such disclosure would surely subject its members to persecution. “This court has recognized the vital relationship between freedom to associate and privacy in one’s associations . . . particularly where a group espouses dissident beliefs.”A different era, a different set of dissidents. But the naming of names, the listing of lists, goes on. The enforcers are at it again, this time armed with sortable Internet donor lists.The ultimate victim here is full disclosure itself. If revealing your views opens you to the politics of personal destruction, then transparency, however valuable, must give way to the ultimate core political good, free expression.