How Do We Balance Disclosure with Maintaining the Privacy of Participants in Contentious Issues? 1-25-2014




Federalist Society Event Audio show

Summary: Supporters of Proposition 8 have invoked NAACP v. Alabama to support their claims for anonymity, citing fears of intimidation and discrimination because of their opposition to same-sex marriage. How much transparency is needed when it comes to donors and supporters of contentious political issues? Is a signature on a petition deserving of a different degree of privacy than a financial contribution? Do different levels of support deserve different degrees of scrutiny? Or, as even Justice Scalia declared in oral arguments in Doe vs. Reed, is a certain amount of “civic courage” needed when taking a public stand on an issue? Do threats of harassment or even violence trump the need for transparency and disclosure? What are the repercussions for the First Amendment and direct democracy? How much privacy should be offered in ballot measure disclosure systems? -- Featuring: Mr. Paul Avelar, Institute for Justice; Mr. Manny Klausner, Reason Foundation; Mr. Peter Scheer, First Amendment Coalition; and Mr. Hans von Spakovsky, The Heritage Foundation. Moderator: Hon. Carolyn Kuhl, Superior Court of California for the County of Los Angeles.