Defending People

the tao of criminal-defense trial lawyering

Anonymous Comment Reminder

Dan Hull (What About Clients) writes (again—it’s a recur­ring theme on his blog) about anony­mous blog­ging and com­ment­ing:

This blog does not pub­lish anony­mous com­ments. Absent com­pelling rea­sons, name­less blo­gos­phere par­tic­i­pants, in our view, are rarely worth anyone’s time, thought, or respect–even when they think and say bril­liant things. Anony­mous writ­ers have already “dis­counted” them­selves. They are second-class cit­i­zens. And they gen­er­ally say third-rate things; they have no incen­tive to exceed below-average.

When the Founders declared, “We hold these truths to be self-evident,” it was an act of intel­lec­tual hon­esty, a sig­nal of the basis of the log­i­cal argu­ment that fol­lowed. They were not claim­ing some inside knowl­edge of the work­ing of the world; they were not ask­ing their read­ers to believe them because of who they were. They explained their premises, described the con­duct of the King, and explained how, because of those premises, that con­duct jus­ti­fied revolution.

When Madi­son, Hamil­ton, and Jay wrote The Fed­er­al­ist Papers as Pub­lius, they were not con­ceal­ing their names to pro­tect them­selves; they were main­tain­ing their anonymity so that their logic and rhetoric would stand or fall on its own, inde­pen­dent of the author­ity of the authors.

Anony­mous writ­ings will be cred­ited if their premises are clear and their logic is rigid; the opin­ion of a known writer will be cred­ited if the writer is cred­i­ble. But an anony­mous writer’s opin­ion is of no value.

In Amer­ica today, law schools take people’s money to teach them to “think like lawyers” (and often fail). That peo­ple can grad­u­ate law school in Amer­ica with­out know­ing how to think like a lawyer—that is, with log­i­cal rigor—is a harsh indict­ment not only of the uni­ver­si­ties, but also of the pri­mary and sec­ondary edu­ca­tion systems.

Here are we, ben­e­fi­cia­ries of a means of mass com­mu­ni­ca­tion unimag­in­able a hun­dred years ago, and at the same time heirs to a hundred-plus years of form over sub­stance in Amer­i­can edu­ca­tion. Anony­mous com­menters spew their unsup­ported opin­ions into cyber­space as though they have mean­ing; the only sort of argu­ment they know the name of is ad hominem (though, hav­ing no train­ing in rhetoric, they have no idea what it means, which is why they throw it around so much).

Those whose iden­ti­ties (native or con­structed over years of blog­ging) are known have some skin in the game. If they say some­thing ridicu­lously stu­pid, it’s attached to them for­ever. So they are moti­vated to make sense.

Known com­menters more often try, at least, to sup­port their argu­ments. Why? Is it just that those who are will­ing to iden­tify them­selves, hav­ing some skin in the game, try harder, or is it that those who are com­fort­able with logic are more will­ing to iden­tify themselves?

Regard­less of whether the chicken or the egg came first, I’m with Hull. If you’re not will­ing to sign your own name to your real words,

(1) Get over your­self. (2) Get some help. (3) Or sim­ply get back to work. You’re just not ready for the bigs.

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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

5 Responses to “Anonymous Comment Reminder”

  1. Eric T says:

    I dis­agree. I allow the anony­mous com­ments, and think that the argu­ments will rise or fall on their own merits.

    Sure it allows some peo­ple to spew, but the spew­ing is mer­it­less regard­less of whether a name is attached.

    The down­side for the anony­mous writer, of course, is that they are gen­er­ally in a poor posi­tion to intro­duce facts, because the facts are usu­ally unver­i­fi­able. This raises their bar.

    But that is their choice.

    I com­pletely under­stand the per­son that wants to add a com­ment — the same way you or I might over a pint at the local tav­ern — but doesn’t really care to see their name on it the dig­i­tal world for a life­time. Can you imag­ine if every­thing you ever added to a con­ver­sa­tion was for­ever search­able? Yuck.

  2. Thanks, Mark. Quickly and excuse any typos.

    Re: the Pub­lius thing back in 1787, in a nut­shell, anonymity was needed there because:

    (1) what was at stake: the issue of a then frighteningly-new and often unpop­u­lar notion of a strong cen­tral­ized government,

    (2) a very short-time span (10 days) between the end of the Con­sti­tu­tional Con­ven­tion (May-September 1787) and sub­mis­sion by Con­gress (then sit­ting in NYC) to the Sates for ratification,

    (3) the issue of rat­i­fi­ca­tion by the State of New York itself, and

    (4) the well-known per­son­al­i­ties (authors of The Fed­er­al­ist) involved.

    The con­ven­tion and post-convention peri­ods had seen bit­ter fights between anti-Federalists and Fed­er­al­ists. The “Pub­lius” idea of The Fed­er­al­ist papers was to take per­son­al­i­ties out of it. Hamil­ton, Jay and Madi­son were well-known fig­ures, each with many friends and ene­mies, and all of them were high-profile light­ning rods before, dur­ing and after the con­ven­tion in the sum­mer of 1787. They were big dogs–and con­tro­ver­sial ones.

    Their rep­u­ta­tions and personalities–especially in Hamilton’s case–would have over­shad­owed any­thing they would have writ­ten. Most of the points made in The Fed­er­al­ist papers had already been made dur­ing the sum­mer of 1787–and a lot of peo­ple were raw. The debates had often been bit­ter. A day after the con­ven­tion was over, a copy of the pro­posed Con­sti­tu­tion appeared in Penn­syl­va­nia news­pa­pers. Peo­ple started back-biting, argu­ing and name-calling right away.

    Also impor­tant: the grow­ing state of New York was thought of being impor­tant for a nine-sate ratification–as it turned out it wasn’t–and its gov­er­nor George Clin­ton was a rabid anti-Federalist. The prob­lem: both Hamil­ton and Jay were from New York.

    Anonymity was crit­i­cal to keep per­son­al­i­ties out of the debate.

    My sources: Edmund Mor­gan, Clin­ton Rossiter, Win­ston Churchilll, Carl Van Doren. There are of course more. But I think they would gen­er­ally agree on what I have writ­ten above. When I get time away from my day job, I will write some­thing up on this with all the sources I have–as I have been mean­ing to do for about a year.

    My point: anonymity in the case of “Pub­lius” has a con­text. Unless the anony­mous writ­ers out there on the net these days are all are per­son­al­i­ties like Bill Clin­ton, Bill Gates or Roman Polanski–where their per­son­al­i­ties would over­shadow what they wrote–we are all enti­tled to know who they are.

    Eric T: “Can you imag­ine if every­thing you ever added to a con­ver­sa­tion was for­ever searchable? ”

    While I know what you mean, and it’s ‘yucky’–I have writ­ten some lack­lus­ter or dumb-ass stuff on the Net– the answer for me is Absolutely Yes. “Search­a­bil­ity” and using our real names = the rent we all pay for being in the dig­i­tal con­ver­sa­tion. You know?

  3. Eric T. says:

    While I know what you mean, and it’s ‘yucky’–I have writ­ten some lack­lus­ter or dumb-ass stuff on the Net– the answer for me is Absolutely Yes. “Search­a­bil­ity” and using our real names = the rent we all pay for being in the dig­i­tal con­ver­sa­tion. You know?

    But the result would be fewer com­ments and less dis­cus­sion. I find that they often bring value — enough to allow it to continue.

    • Dan Hull says:

      Eric–Fair enough. Our blog appar­ently leaves read­ers so speech­less that we never got that many comments–which is prob­a­bly good from a work standpoint–and now we get even fewer. And I will admit this: the non-anons are not all great com­menters. Still, it’s nice to know that at WAC? peo­ple are back­ing up stuff with a name. Peo­ple need to know where to send the summons.…

  4. […] Act – would require blog­gers to remove posts not made under a real name. A cou­ple of well-known legal blog­gers don’t per­mit anony­mous com­ment­ing on their […]

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