Jan 042011
 
 January 4, 2011  Online

Stanley Fish opines:

In McIntyre v. Ohio Elections Commission (1995) the Supreme Court overturned a statute requiring any person who prints a notice or flyer promoting a candidate or an issue to identify the communication’s author by name. Justice John Paul Stevens, writing for the majority, grounded his opinion in an account of meaning he takes from an earlier case (First National Bank of Boston v. Bellotti): “The inherent worth of . . . speech in terms of its capacity for informing the public does not depend upon the identity of its source, whether corporation, association, union, or individual.” Or, in other words, a writing or utterance says what it says independently of who happens to say it; the information conveyed does not vary with the identification of the speaker.

There are at least two problems with this reasoning.

Read more in the New York Times.

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