
|
Honourable Anonymity |
| Why
we remain honourably anonymous to protect our
children |
There is no shame in being a father unjustly separated
from his children. But there is danger is speaking
out about it. Courts, politicians, and judges do not
like to be challenged in public and to have bias,
prejudice, and abuse of authority pointed out for
all to see. Fathers who have been identified as activists
or who speak out publicly about their family court
experiences have invariably found themselves pilloried
for it at every subsequent court appearance. It is
not uncommon for the mother's attorney or an embarrassed
judge to claim that the father's public statements
or activism have 'embarrassed the child'.
Thus, the World Fathers Union has adopted as fundamental
policy the complete anonymity of all members. Upon
joining the Union, all members assume the name of
John or Jane Smith. The Union keeps no records
of members' personal information other than an e-mail
contact address.
Unfortunately, many people are suspicious of those
who must protect their identities, so it becomes necessary
to justify this decision in order to maintain the
credibility which is essential to effective public
commentary. It is important to understand that anonymity
has a long and honourable history in political activism
and judicial criticism. This is recognised both by
the Bar and the courts:
- The American Bar Association, in its Black
Letter Guidelines for the Evaluation of Judicial
Performance (February 2005), addressed the importance
of anonymity in connection with judicial evaluation
surveys. Guideline 6-4 states "The evaluation
process must ensure the anonymity of individual
respondents." The commentary to this Guideline
states, in part, as follows: "Regardless
of the intended use of the performance evaluation,
the program must ensure the anonymity of respondents
to performance questionnaires and of members of
the public who submit narrative comments. The
reliability of the evaluation process depends on
the willingness of evaluators to provide candid
and honest feedback without fear of reprisal.
... Protecting the anonymity of respondents is of
particular concern in smaller jurisdictions and
in jurisdictions where prosecutors and/or public
defenders are assigned to particular courts...."
(emphasis added)
- The importance of anonymity in speech has also
been addressed by the United States Supreme Court
on more than one occasion.
- In McIntyre v. Ohio Elections Commission,
(514 U.S. 334, 115 S.Ct. 1511 (1995)) as follows:
"[a]nonymous pamphlets, leaflets, brochures
and even books have played an important role
in the progress of mankind." Id. at 341-341.
The "decision in favor of anonymity may
be motivated by fear of economic or official
retaliation, by concern about social ostracism,
or merely by a desire to preserve as much of
one's privacy as possible.""[A]nonymous
pamphleteering is not a pernicious, fraudulent
practice, but an honorable tradition of advocacy
and dissent." Id. at 357. "The
right to remain anonymous may be abused when
it shields fraudulent conduct. But political
speech by its nature will sometimes have unpalatable
consequences, and, in general, our society accords
greater weight to the value of free speech than
to the dangers of its misuse." Id. (emphasis
added)
- In Reno v. ACLU, (521 U.S. 844, 870
(1997)), the court said that "the First
Amendment's protection extends to the Internet."
"Through the use of web pages, mail exploders
and newsgroups, [any person] can become a pamphleteer."
Id.
World Fathers Union is an all-volunteer research
and outreach NGO. We work to foster cooperation and
unity amongst fathers-aid groups worldwide working
for equity in the family courts of all nations. We
do statistical research, compilation, and analysis
of trends in social and legislative policy affecting
fathers and children, and we provide outreach programs
to fathers and children in distress worldwide. Membership
in the Union is free, anonymous, and open to everyone.
World Fathers Union, P.O. Box 278, Yarmouth,
Nova Scotia B5A 4B2. www.worldfathersunion.com