Skip to main content

Free Speech Blacklists Pose a Threat to Democracy


Many second amendment supporters fear that one day, gun control advocates will use state gun registries as a shopping list to find and steal all the privately-owned guns. These fears seem well-founded, especially in light of recent comments by certain candidates for the presidency. But there is another kind of registry we should be just as concerned about: free speech registries. Does that concept sound familiar? Perhaps not. It’s terrible branding, if you're a proponent of such measures. Much better to stoke public fears with words like “dark money.” But make no mistake, when politicians and special interest groups talk about donor disclosure for nonprofits, this is what they envision – a list of people against whom they can retaliate for speech they dislike – a blacklist. 

When a nonprofit interferes with your grand political scheme, it’s easier to bully their individual donors than it is the full time employees. Employees don’t have to fear for their employment if they expound unpopular views - they are paid to do so. But people who agree with those views and just want to take part by becoming “members” of an organization are relatively easy to intimidate. Organization employees were also aware when they took the job that they would be in the spotlight, and may be the focus of unflattering publicity. Donors and members likely have very different expectations - namely that they will have the right to disclose their membership or their giving to friends and family, or the right to keep their charitable causes private. They may be punished by an employer for creating bad press. They may be ostracized in their community. 

This issue should not be confused with campaign contribution disclosures. If it were up to me, I would allow unlimited donations to any candidate so long as it was disclosed. I don't care if a candidate is backed by a single, large donor. I do care if they are secretly backed by one or a few large donors. But that isn’t the issue here. True issue advocacy (think Heritage Foundation, the ACLU, or Oklahoma Second Amendment Association) should not require disclosure of donors. These citizens have a fundamental, God-given right to speak. These are the government watchdogs - those who root out corruption.  

This is not a partisan issue, it's a power issue. Nationally, one party tends to favor free speech registration, while the other tends to fight it, but on the state and local level, you are more likely to see tyrannical proposals in states where one party has a supermajority - regardless of which party that is. In more balanced states, legislators are able to recognize that organizations with similar ideologies are just as likely to be in the crosshairs. In one-party states, it becomes tougher to imagine that these ill-thought-out laws could be turned on any organization, including those allied with the party in power. But state politics can turn on a dime. Virginia was long a bastion of second amendment freedom. But just this term they have seen multiple proposals for gun control, and many of them seem likely to pass. Would NRA members want to live in a state where both their second AND their first amendment rights were under threat? 

Make no mistake: once the government has a list of names, it is quite easy for it to be misused by individuals with a grudge, or governments that brook no opposition. California sheriffs in the more conservative inland portion of the state have been forced to disclose the names of concealed carry permit holders under open records requests by the San Francisco Chronicle. In Arizona, the state department of education “inadvertently” released the names of Educational Savings Account recipients. Federal agents unmasked the identities of over 16,000 “U.S. persons” swept up in FISA surveillance operations in 2018. Free Speech Registry proponents want to use fear to spur onerous government regulation. Sound familiar? 

Mike Davis is Research Fellow at 1889 Institute. He can be reached at mdavis@1889institute.org.

The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.

Popular posts from this blog

Kids in Tow: Contrasting Educational Choice in Arizona and Oklahoma, a Parent’s Perspective

The 1889 Institute has repeatedly expounded on the merits of educational choice. School choice lies at the heart of providing individual children with a high-quality education, and Oklahoma could use more of it. With the myriad of programs that have proven successful throughout the country, Oklahoma needs to take an all-of-the-above approach to education to empower parents. The necessity of educational choice is particularly evident when you see students as unique individuals with unique talents and needs.   Every child learns at least a little differently from every other child. Thus, it is far more likely that every child will succeed when families can avail themselves of different educational environments. Two children, coming from the same family, living in the same house, with the same economic means and opportunities, still demonstrate different propensities, proficiencies, and instructional preferences. The close parent-child relationship gives parents a unique understandi...

When It Comes to the Cox Center, “What if I Get to Meet a Movie Star?” Isn’t Good Enough

In a recent   post , 1889 Institute expounded on the fiduciary duty of elected officials “to act in the best interest of the people of the state as a whole,” a “high duty, executed as a public trust … wherein one puts the people’s interest above one’s own.” This fiduciary duty must not stop with elected officials. Once an elected body or an elected official – the legislature, a city council, the governor, or a mayor – has taken final action, the faithful implementation of each enacted law, policy, or program falls to an army of bureaucrats. Thus, a fiduciary duty to execute laws and policies with diligence and integrity, tantamount to that of elected officials, must extend to government employees. Recently, I had a few moments to sit down and watch a show with my children. Unsurprisingly, my son picked a series entitled “The Stinky and Dirty Show.” I was naturally skeptical that the show would yield any real value. However, as I watched, I found myself pleasantly surprised. Each ep...

COVID-1984: Have Americans Become Too Complacent in Our Liberties?

Alongside the coronavirus, another pandemic is gripping our country, one that we will feel the consequences of long after we reach herd immunity. I dub this pandemic COVID-1984, and I fear it will rot the roots of the Tree of Liberty. The consequence will be a government emboldened by a passive citizenry. One of the most surprising aspects of our current situation is how willing people have been to report their fellow citizens to authorities for the most minor and meaningless offenses. I used to wonder how people in authoritarian countries like Stalinist Russia and Maoist China went along with those cruel regimes. It turns out a tiny bit of fear is all you need to be a successful dictator. And now it’s all the easier to report your neighbors for reading alone on the beach with tip lines.   Even as governors and judges begin to lift stay at home orders, mayors are extending them. A county judge issued a temporary restraining order against Illinois Governor J.B. Pritzker’s sta...

COVID Inspires Tyranny for the "Good" of Its Victims

The Christian philosopher, C.S. Lewis, once said, "Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies." The moral busybodies C.S Lewis warns of reminds me of those who would have Americans give up their liberty to combat COVID-19.   A recent Oklahoman op-ed compared COVID-19 to World War II, stating that the number of deaths from COVID-19 is approaching the number that died fighting for this country and the freedoms it protects. This comparison is, of course, nonsense. This suggests that a virus with a high survivability rate is an equivalent threat to the Nazi and Japanese regimes that brutally murdered millions. The piece uses wartime rationing of meat and cheese, a sacrifice necessary to ensure men on the front lines had adequate nutrition, to justify Americans accepting counterproductive lockdowns in exchange for additional stimulus c...