"Shade from the Glare: The Case for
Semi-Disclosure"
Bruce Cain has written this
lead essay for a CATO Unbound series on Following
the Money: The Law and Ethics of Campaign Finance Disclosure.
Over the next week, there will be responses by John Samples, Nikki
Willoughby, and me. Then there will be a further exchange through
shorter blog posts. From Bruce's Introduction:
In the end, it seems clear that we need to be more careful about
protecting individual choice in the exercise of all First
Amendment rights, not just voting. This requires a closer
examination of the goals we are pursuing, and in the true spirit
of First Amendment jurisprudence, adopting a narrower tailoring of
disclosure practices in order to protect individual autonomy. In
particular, we should consider the option of semi-disclosure: that
is, the full reporting but only partial disclosure of campaign
donor information. Full reporting would serve the purposes of
preventing corruption and promoting enforcement, while partial
disclosure gives voters the information they need to make choices
while protecting individual identities. It may also be a mistake
to use disclosure and disclaimer requirements to discourage
activity that cannot be prohibited under the Supreme Court's
interpretation of the First Amendment.
Posted by Rick Hasen at
08:22 AM