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Can Outing an Anonymous Blogger be Justified?
netbuzz writes "Absolutely, depending on the circumstances, yet a Florida newspaper's attempt to unmask 'a political group hiding behind the name of a fictitious person' has sparked outrage in some circles. Part of the reason for that outrage is that the paper posted to its Web site a surveillance video of the blogger visiting its advertising department, a tactic the editor says he now regrets. What's really at issue here is the right to publish anonymously vs. the right to remain anonymous. The former exists, the latter does not."
And they're not required to be!
* Ninth Amendment - Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
That is not what the ninth amendment says, nor does it reflect the intent of the writers.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Pretty simple: sounds like unnamed rights are not to denied or weakened because other rights were explicitly enumerated in the Constitution.
Lets see if that was the intent of the writers. Madison:
It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.
Hmm, he agrees with the orignal poster, not you.
Hamilton?
The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people; or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.
Wow, he agrees with the original poster too.