See this interesting story at Robbin Stewart’s blog. As Stewart says, the West Virginia law make it a crime to distribute anonymous campaign literature must be considered unconstitutional, since the U.S. Supreme Court has twice ruled that the First Amendment protects anonymous leaflets. The authors of The Federalist Papers even published their essays anonymously.
Laws against anonymous campaign literature are, usually, aimed at scurrilous or slanderous or libelous or, ultimately, untruthful, false, dishonest statements.
At least that is the only acceptable excuse for writing such laws.
Frankly, after looking at the old-party campaigns and seeing their TV commercials and hearing their radio ads and seeing their newspaper layouts, I believe laws against dishonest campaigning are several centuries too late.
So what is the genuine intent of laws against anonymous campaigning?
In some states, such as [let the state itself remain anonymous for now], political differences have led to shootings, and perhaps the only safe way to campaign, especially against an entrenched incumbent, is anonymously.
Still, if the U.S. Constitution is ever going to be obeyed again, such laws will have to be repealed.
Is 2 USC 441d (a)(3) unconstitutional?
That is a pretty big loophole if you can avoid disclosure requirements by declaring yourself anonymous.
“This advertisement paid for by an anonymous donor”
In fact, is even requiring such a disclosure legal, since it may infringe on the anonymity of the donor.
The Federalist was published in newspapers, and could be considered op-ed pieces. They of course predate the 1st Amendment (and incorporation of the States via the 14th Amendment) and in fact argued against a “Bill of Rights”.
The “Federalist” arguments against the Bill of Rights was based on a fear that, if rights were listed, then anything not specified would be denied and/or grabbed by some government or politicians.
We saw that very thing with the fairly recent denial (by some people) that there is any right to privacy because supposedly it isn’t listed in the Constitution.
How many anonymous publications against the TYRANT King George III in 1760-1783 in North America (or even England) ???
How many New Age incumbents are Stalin and Hitler clones ???
I suggest that ALL persons on this list do NOT use their real names in this New Age of E-V-I-L party hacks in high places.
I like this theme you are using… what is it?