WSJ: Political Privacy Should Be a Civil Right

John Yoo and David Marston defend the right to free speech from government fiat:

Having failed to undo Citizens United by legislation, Mr. Obama apparently believes that he can veto the Supreme Court by naked presidential fiat. But before the administration barrels through with this attempt to suppress corporate political activity, it would do well to revisit NAACP v. Alabama.

The court declared that the privacy of group membership and political activity were critical to the “effective advocacy of both public and private points of view, particularly controversial ones.” Privacy can be critical for free speech. “Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs,” Justice John Marshall Harlan wrote for a unanimous court.

The court went on to recite a litany of potential retaliation—”economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility”—that could deter people from publicly supporting the NAACP. It did not matter, the justices observed, that the harassment would likely come from “private community pressures.” What mattered is that such pressure would be prompted by “the initial exertion of state power.” …

Read the rest at WSJ.com