Defending People

the tao of criminal-defense trial lawyering

No, You Are Not Publius.

Dan Hull is right.

Effec­tive imme­di­ately, absent com­pelling rea­sons, this blog will join Dan’s blog, What About {Clients / Paris}, in not pub­lish­ing any com­ments of anony­mous com­menters. All com­ments must be accom­pa­nied by com­menters’ names (first and last) and real and ver­i­fi­able email addresses.

I’ve fumed about anony­mous com­menters for years (I’ve been blog­ging for years?!?), but life is too short to fume about some­thing I can fix. There’s a lot wrong with the way we’re using the inter­net to com­mu­ni­cate, and I’m doing my part to clean up my lit­tle cor­ner of it.

Too often today writ­ers online replace prece­dent and logic with anonymity and sheer vol­ume. Why? Because they can: if they shout that black is white or that igno­rance is strength or that 2 + blue = house, it’s not going to touch them in the real world. There is no accountability.

This may dec­i­mate my com­ments; am I toss­ing out the wheat with the chaff?

If the anony­mous com­menters wrote like Thomas Jef­fer­son or Sam Adams or James Madi­son, their com­ments would be sorely missed. Madi­son and his fel­low Fed­er­al­ists wrote anony­mously so that their argu­ments would stand on their own mer­its. The typ­i­cal anony­mous com­ment, by con­trast, is unsup­ported opin­ion, with no merit inde­pen­dent of its writer’s iden­tity. There is no wheat.

Maybe the com­menters have life expe­ri­ences that, if only we knew about them, would drive us to credit their opin­ions. But we don’t know, because we can’t know, because they choose not to per­mit us to know, and so we can pre­sume the worst. Opin­ions unsup­ported by intel­lec­tual rigor are fine—everybody’s got at least one—but if you’re not will­ing to put your name on your opin­ions, I’m not inter­ested in read­ing them or—more to the point—in help­ing you share them with the world.

If you think you have com­pelling rea­sons to com­ment anony­mously (DA’s Office whistle­blow­ers? Hon­est cops?), email me at MB@IVI3.com. Tell me who you are (I won’t reveal your iden­tity) and explain why you think the world is bet­ter off read­ing your anony­mous com­ments than not, and I’ll con­sider allow­ing it here.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

15 Responses to “No, You Are Not Publius.”

  1. Jeff Gamso says:

    And, of course, unlike some blog­gers, you don’t hide your iden­tity, either.

  2. Thomas R. Griffith (The Griffith Files - 1984 & Beyond) says:

    Mr. B., Thank You, Thank You, Thank You,

    We at PROJECT — Not Guilty, com­mend you for exter­mi­nat­ing those pesky Anony­mous lil buger­heads. For a while there, I thought how easy it would be for a Blog Owner to comu­ni­cate with read­ers as an Anon. just to see if he/she could get read­ers to engage in piss­ing matches.

    I have turned read­ers on to Defend­ing Peo­ple , A Har­ris County Lawyer & Grits for Break­fast warn­ning them in advance of the Anons. & their abil­ity to bait you. And that you’ll have to remem­ber their dum­b­asses by their time­clock tic toc 00:00. I will pass on the good news.
    FYI I’m happy to com­ment with my name but I fear that it has scared off one of your read­ers for he was made famous (not in the good way) in the Book, The Grif­fith Files — 1984 & Beyond.
    Again, Thank you.

  3. Thomas R. Griffith (The Griffith Files - 1984 & Beyond) says:

    Mr. B., Thank You.

  4. Your blog, your rules — but is there a bit of lee­way for nom-de-post that are attached to real names? I’m think­ing of a guy who posts as Jdog, say.

    • John Neff says:

      Jdog and SHG (for exam­ple) are not anony­mous because those of us that reg­u­larly read the blogs where they post know who is posit­ing, I would hope that Mark will fig­ure out a way to take that into account.

      • Mark Bennett says:

        Excep­tions will be con­sid­ered for nick­names and for estab­lished web per­son­al­i­ties whose true iden­ti­ties I know, like the lads at PopeHat.

        A fool­ish con­sis­tency etc.

  5. […] defense attor­ney and pro­pri­etor of the hold-no-punches-take-no-prisoners Defend­ing Peo­ple blog, will no longer accept anony­mous com­ments — we wants real names and ver­i­fi­able email addresses. In this, he is join­ing a minor […]

  6. Soronel Haetir says:

    You get few enough com­ments as it stands, I doubt this is going to mat­ter much one way or another.

  7. Hull says:

    Mark:

    Do stay the course on this new direc­tion. It hope­fully will take as a default position–and yet still be accom­mo­dat­ing to class blog­gers, writ­ers, thinkers and respon­si­ble non-wimp com­menters who deserve anonymity. One’s real iden­tity is almost always impor­tant for account­abil­ity and qual­ity of discourse.

    The work to cre­ate intel­li­gent excep­tions is well worth the effort. The best argu­ment for this is what hap­pens every day at Above The Law. Go to ATL and see for your­self: the emer­gence of a new class of highly edu­cated but name­less haters, innuendo-hurlers, wankers and drug­store cowboys.

    Dan

  8. Whoa there Mark!
    You say that you’re going to make excep­tions for nick­names of folks whose true iden­ti­ties you know — What about your read­ers who do NOT know who these com­menters really are? They are anony­mous to us. In fact, it leaves one with the feel­ing that it’s one of those private-club type of blogs, and that you desire exclu­siv­ity rather than being under­stood by every­one. OH, PUHLEEZ! It’s as if you are say­ing ‘this blog is just for me and my bud­dies. Stay out.’ I know that’s not your intent.

    By the way — I would use “btw,” but I feel the same way about abbre­vi­a­tions as I do anony­mous com­menters. New­bies might not under­stand their mean­ings and I truly want to be inclu­sive. I think some want to make the new­bies pay their dues — why should we make it eas­ier for them, when we had to work at it? Isn’t there enough of that in how law asso­ciates are treated?

    By the way, I too pub­lished the com­plete Dec­la­ra­tion of Inde­pen­dence as the July 4th post on my blog, Ethic Soup.com. Very few have read it. It’s prob­a­bly the least-read post of all. I guess it’s old news and not very inter­est­ing to most. I feel cer­tain that few peo­ple have actu­ally read the whole doc­u­ment. Sad. As an Amer­i­can, it’s really one of those things you should do before you die.

    If you’re inter­ested in the Burr Oak Ceme­tery mess, check out Ethic Soup and the fol­low­ing two articles:

    http://www.ethicsoup.com/2009/07/burr-oak-cemetary-mama-where-are-you-theyve-robbed-your-grave.html

    http://www.ethicsoup.com/2009/07/where-is-emmett-tills-coffin-where-are-the-babyland-graves-.html

    • Mark Bennett says:

      Slow down there.

      Excep­tions will be con­sid­ered for nick­names and for estab­lished web per­son­al­i­ties whose true iden­ti­ties I know, like the lads at Pope­Hat” does not mean that no other excep­tions will be considered.

      Clearly, this pol­icy is a work in progress. I’ll take every case on its own mer­its. Peo­ple who have estab­lished web per­son­al­i­ties with their own blogs, they have a sort of account­abil­ity because of the time they’ve invested in the cred­i­bil­ity of their noms de blog.

      By the way, I don’t desire to be under­stood by every­one. The only way to accom­plish that is to write for the slow­est kid in the class­room; I know from per­sonal expe­ri­ence that that won’t fly with the other kids.

  9. shg says:

    Drug­store cow­boys? I thought they were rhin­stone cow­boys. And I thought Jdog was his real name. Who knew?

  10. Thomas R. Griffith (The Griffith Files - 1984 & Beyond) says:

    Before this post & it’s replies pet­ter out, I thought I would remind you all of just how good of an idea it is to refuse to allow lil school girls to join in any future dis­cus­sions with adults on this adult blog.

    Take a moment & go to the A Har­ris County Lawyer blog & or Grits for Break­fast blog. While both are good blogs, and I fol­low both, one can’t help but to notice the piss­ing matches going on between the Anony­mous folks that seem to know each oth­ers names. If one doesn’t know the Anons. true name they are ref­ered to sim­ply as 05:32 or 10:01. Then come back to Defend­ing Peo­ple and fin­ish read­ing if you wish.

    Wel­come Back, What did I tell ya?
    When they are fin­ished belit­tling each other or cor­rect­ing other peo­ples spelling they sim­ply go down in blog his­tory as 05:32 and or 10:01 to the out­sider that is. There is no way in hell you can hon­estly have an adult con­ver­sa­tion with an Anon. espe­cially if they ALL LOOK ALIKE. Get it? Mr. B. is doing us all a favor by finally seper­at­ing the boys from the men & girls from the women. Read his post before reply­ing and you’ll feel bet­ter in the morn. A ver­i­fi­able email address attached to the so-called nick­name is not a fri­gin Anonymous.

  11. Patrick Lyons says:

    I had never got­ten the impres­sion that this blog suf­fered much from the anony­mous com­ment­ing that plagues more main­stream sites. It’s a shame if that has changed.

    Why not just sub­ject all com­ments to mod­er­a­tion and be done with it? Are the com­ments pages of this blog search­able on google/yahoo? Is there a way to dis­able that? That would prob­a­bly help those of us who don’t want to be dif­fi­cult but want to avoid cre­at­ing a per­ma­nent web foot­print of things we’ve said on some­times touchy issues.

    • Mark Bennett says:

      Mod­er­at­ing com­ments is a pain in the ass. I’d rather mod­er­ate com­menters, elim­i­nat­ing those who are unwill­ing to iden­tify them­selves before they become a problem.

      I’m inclined to pre­fer that com­menters be com­mit­ted enough to cre­ate a per­ma­nent web foot­print of the things they say before com­ment­ing here.

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