‘Dark Money’ is Free Speech. Protect It

The New Jersey Star-Ledger is at it again, railing against “dark money” in politics. In It's not just Putin. Trump protects all dark money meddlers, the Star-Ledger mixes apples and oranges--that is, legitimate law enforcement with innocent private individuals and groups, taking its obligatory swipe at the pro-freedom Koch brothers. As one reads the editorial, you can see the gradual turn from clearly illegal activities like Putin’s election meddling to going after innocent American citizens. “Trump is likely doing this because conservative heavy hitters like the Koch brothers fought for it,” the Star-Ledger rants. “They want to keep their dark money donors secret.” It doesn't mention that the Koch brothers are regularly harassed with death threats--a good reason for donors to want to remain free from "public disclosure."

I left these comments:

“Dark Money” is the language of dictators who want to silence the free speech of private citizens. Another word for “dark” is anonymous. Given the inextricable link between spending and speech, anonymous spending equals anonymous expression. Anonymous expression is a right that should be protected. Political anonymity has been used throughout history by free speakers to avoid harassment and intimidation by both governments, political opponents, and private thugs. It was used by Revolutionary advocates of freedom and independence to shield them from British reprisals. It was used by 20th Century black Civil Rights advocates to shield them from white racist lynch mobs.

Aside from protection, some people might want to head off ad hominem attacks so their ideas can be debated on the merits.

In cases of actually illegal activity, such as foreign government interference in American elections, that should be treated like any other crime. Investigators seeking disclosure from private political action groups should need a subpoena based on evidence and probable cause. Otherwise, no forced disclosure of political donors.

Monetary expenditure is intricate to free speech. Rights to anonymity is crucial to spending on free expression. Free expression is crucial to intellectual freedom of the individual as well as public debate during election seasons or regarding law and policies. After all, what is the “democratic process” but free and open debate for the purpose of persuading and influencing? Those who throw around terms like “dark money” are up to no good.They are attacking freedom of speech. Unless a crime is committed, keeping one’s political donations large or small private from both public and government is a fundamental right that should be protected by government.
Related Reading:

The Intimidation Game: How the Left Is Silencing Free Speech--by Kimberley Strassel, especially Chapter 2, “Publius & Co.”

The Anti-Free Speech Fallacy of ‘Dark Money’

Making Private Donations Anonymously is a Right