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

A Cure Withheld: Education Establishment Kneecapping Distance Learning Already in Place

“We have the cure. We know it works. You’ve used it before. But you’re not allowed to use it now.”   Imagine if your government - federal, state, or local - said those words to you regarding the corona virus. You would be justifiably outraged. If you could access the cure, you would probably defy the ban on its use.   Two weeks ago my wife received an email from my step-daughter’s school. Among the expected notices that in-school instruction would be canceled for a least a few weeks due to corona virus, there was a nasty surprise. “Neither on-site nor virtual [i.e., remote, online and with no person-to-person contact] instruction can occur during the state's window of school closures.” (Emphasis added.) Note that this decision was made by the state Board of Education, not by Epic, the statewide virtual charter school we have chosen.   You see, when we moved to Oklahoma, my wife and I chose Epic because they not only seemed like they would do a better job ...

The Truth About COVID-19: Better Than You Think

As the media turns its attention back to COVID-19, there is a renewed push to shut down the economy. Some states have even begun to scale back reopening plans for their economies; others continue to delay opening. It is essential to look past their catastrophizing and focus on the facts of COVID-19. One fact to consider: while testing has risen 23%, the rate of positive results has only risen 1.3 percentage points to 6.2%. Even as alarmists point to the rise in cases, they still admit that the boost in testing has played a role in the rise in the total number of known cases. Therefore, the total number of positive cases is not of much use in this case, as it only paints a partial picture. The rate of increase in total positive cases is a more meaningful measure, and it has barely increased. Even more important is who is getting infected. The data show that recent cases are primarily younger people. But that’s a good thing; these are precisely the people that are key to building herd ...

Undo 802

Why is it that when conservatives suffer a major loss, they give up, accept the new status quo, and fall back to the next retreat position? When progressives suffer a major loss, they regroup and try again. And again. Until they finally wheedle the American public into giving in. I propose a change in strategy. The Oklahoma Legislature should make undoing State Question 802 its top legislative priority for 2021. This will not be an easy task (legislators seem to prefer avoiding difficult tasks) but it is a critical one. The normal legislative process, with all its pitfalls and traps for the unwary, will only bring the topic to another vote of the people. So why spend so much political capital and effort if the same result is possible? Three reasons.   First is the disastrous consequences of the policy. Forget that it enriches already-rich hospital and pharmaceutical executives. Forget that it gives the state incentives to prioritize the nearly-poor covered by expansion over the...

How Oklahoma Can Be Number One in Covid Policy

South Dakota, that sound you hear behind you is footsteps. Oklahoma can be Number One in the policy response to Covid-19. We’ve done fairly well to this point compared to other states, but to take us to the top, our leaders will need good, accurate information, must ignore hyperbole (often outright falsehoods) from the media-politico controversy machine, and should trust individual Oklahomans to do what is best for themselves and their families. Oh, and it would help to have some courage in the face of criticism (or ear plugs to tune out the whining). Fortunately, 1889 Institute has compiled a very helpful webpage containing the cold, hard facts about SARS-CoV-2. Based on these facts, not hysteria and virtue signaling, we recommend some straightforward policy responses. The page is here for anyone who wants to arm themselves with knowledge, rather than bask in the newly virtuous habit of broadcasting how afraid and ignorant one is. For example, did you know that the evidence for wid...