Now this is what “threats, harassment, and reprisals” look like when government regulations “seriously chill speech and association,” as attorney Jim Bopp and the plaintiff’s in Doe v. Reed failed to show when challenging the state of Washington’s public release of signed petitions for Referendum 71, an effort by social conservatives to repeal the legislature’s bill granting same-sex civil union protections.
In fact, if the politically-motivated arrest of a supporter of Referendum 71 in Washington for suspicion of murder had occurred, U.S. District Court Judge Benjamin Settle likely would have supported an as-applied challenge to Washington’s Public Records Act. But alas, as Settle noted, “… if a group could succeed in an as-applied challenge to the PRA by simply providing a few isolated incidents of profane or indecent statements, gestures, or other examples of uncomfortable conversations that are not necessarily even related or directly connected to the issue at hand, disclosure would become the exception instead of the rule.”
There are laws against threats and intimidation; and harsh criticism, short of unlawful action, is a price our people have traditionally been willing to pay for self governance…Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed. For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the Home of the Brave.
Rather than a threat to individual liberty, public disclosure is a bulwark against government oppression, as we’re seeing in Equatorial Guinea.