Legal Commentary

Demanding Accountability: Not From Elites, But From Anonymous Internet Commenters

By Big Tent Democrat

Stanley Fish writes about the latest bout of handwringing from the usual suspects about the "anonymous" Internet. The centerpiece of his discussion is a new collection of essays edited by University of Chicago law professor Martha Nussbaum titled The Offensive Internet: Speech, Privacy and Reputation.

According to Fish (I have not and will not buy the book at $23), Nussbaum asks "“what can be done about irresponsible information” spread by the Internet, a medium that allows slander to “be done with a few keystrokes, with complete anonymity, and . . . with no fear that the Internet provider on whose website the slur is found will somehow be held responsible for incorrect . . . or defamatory statements”? " Before Nussbaum and her cohorts answer that question, perhaps they can deal with the problem of irresponsible information spread through respectable outlets by named persons that recklessly lead us to wars, irresponsible tax policy and nonsensical public discourse, like this volume and Fish's column. More . . .

Here's a question, can these august public intellectuals name one person whose reputation was ruined by false charges made anonymously on the Internet? Cuz I can name one war that was instigated by irresponsible false reporting by "credible" journalistic enterprises - and yes, I mean the Iraq Debacle. Any concern about the lack of accountability for that?

One of the ironies of Fish's piece is that despite the willingness of the writers in this book to engage in all sorts of schemes to curtail free speech, Fish nonetheless calls these folks "by and large strong free-speech advocates." Really? Sez who and why? One of the pieces is by Cass Sunstein, who decidedly does not have a record as a strong free speech advocate. Quite the opposite.

Indeed, I have always considered Sunstein one of the interesting no accountability characters in the public discourse. Here is a man whose writing over the past 10 years should have thoroughly discredited him as a public intellectual. But he remains considered not only a top public intellectual, but a "liberal" public intellectual.

Worried about accountability? The "anonymous" Internet is not the place a real academic should first look. But elites know how to protect their own. Consider this discussion by Fish and this book edited by Nussbaum just one more nail in the coffin of meaningful public discourse.

FTR, I wrote on the subject of anonymity, pseudonymity and the Internet in this piece.

Speaking for me only

Full post as published by TalkLeft on January 04, 2011 (boomark / email).