Peter Friedman
Lawyer

View Peter Friedman's profile on LinkedIn

Ruling Imagination: Law and Creativity

July 22nd, 2010 | argument, Free Speech, good lawyering, lawyers, Legal education, rhetoric

Own your words. Anonymity is cowardice, and cowards aren’t known for their wisdom.

An important lesson for my legal writing students: you must own your words to be genuinely persuasive.

By that, of course, I do not mean that their words are their property. There’s a lot of confusion about that issue, but that’s not today’s lesson.

What I mean is that it’s not enough to parrot words you believe are authoritative to make your case. You must use words you know in your heart state what you mean. Parroting the words of others, even if they are authoritative, won’t do that. Which is why one of my favorite quotes is Ralph Waldo Emerson’s: “I hate quotations. Tell me what you know.” (I love paradox too.)

But in order to own your words you have to have the courage to stand behind them too. It’s one reason I bemoan the influence of anonymous student evaluations. It’s why too I’m all in with Dan Hull in this insane exchange about his insistence that anonymity is the death of productive discussion on the internet.

What possible conviction can you hold in your words if you’re not even willing to put your name to them? As Dan makes clear, there are of course exceptions to this rule — there are times anonymity is necessary to preserve one’s safety. But legitimate fear for one’s safety for stating disagreement is a rare thing that we don’t encounter terribly often in 2010 on the internet in the United States. It’s almost hilarious to find people disputing Dan under the pseudonyms “Publius” and “Marcus Agrippa.” Almost hilarious. Really, it’s pathetic.

If you can’t own your words, put yourself forward as the authority behind your words and rely on the force of those words and your own integrity for their persuasive effects, you cannot be a lawyer. I’ve said it recently: a good thing about being a lawyer is there is always someone telling you your wrong. You have to be willing to put your ideas and words to the test, and you have to be willing to adapt and adjust when your words have been successfully challenged. To hide behind a pseudonym is nothing but cowardice, and cowards aren’t known for their wisdom.

This article has 29 comments

  1. Patrick Says:

    It’s almost hilarious to find people disputing Dan under the pseudonyms “Publius” and “Marcus Agrippa.” Almost hilarious. Really, it’s pathetic.

    Mr. Friedman, I of course don’t know you from Adam, but you’re commenting about an ongoing discussion of which you’re not part. For what it’s worth, I’m “Marcus Agrippa”. The name was chosen as a joke, specifically to mock Dan in a gentle way after his decision to insult our readers in comments at the Popehat blog.

    I’m happy that you’re brave enough to sign your name in discussing a brouhaha at a blog which you obviously don’t read, in a context of which you know nothing, because it would allow me to ignore anything you write in the future were I so inclined. Or even to write a blogpost, mocking you, that would stick to the front page of a Google search for your name forever. But I’m not so inclined. I’d simply suggest a little further reading, and a little forethought and hesitance in pulling the trigger before posting in the future. Of course cowards aren’t known for their wisdom, but neither are hotheads.

    Perhaps Jonathan Adler, a tenured professor at your school who used to blog pseudonymously as “Juan Non-Volokh,” could illuminate you as to why some choose not to use their names in blogging. Adler may be a coward (I wouldn’t know), but he’s not unwise.

    Patrick at Popehat

  2. Patrick Says:

    I’ll add that no one used the psuedonym “Publius” in responding to Mr. Hull. That was Hull’s dramatic license. You may be a great legal writer, again I wouldn’t know because I’d never heard of you before this morning. But you aren’t a very careful reader.

    I’ll advise your students, as I’m an attorney myself, that even before eloquence the cornerstone of successful litigation is thorough preparation. This means, among other things, careful reading.

    This advice, given free of charge also applies to blogging, an art at which you seem to be something of a novice.

  3. pfriedman Says:

    Patrick,

    Precisely what have I missed? You were defending the practice of commenting anonymously, no?

    As to Professor Adler, I do he think erred on the over-cautious side in posting all those years as Juan non-Volokh, but I excuse him because he abandoned the practice as soon as he got tenure and therefore no longer felt threatened by being identified as a blogger. You see, at the time, he at least had the excuse that he did not have tenure and blogging then was largely considered both “beneath” the efforts of an academic and something that detracted from the need to do tenure-worthy work. The truth be told, though, anyone among his colleagues who paid attention knew perfectly well who Juan non-Volokh was.

    And yes, of course thorough preparation is a cornerstone of elegance, but, again, please do tell me what I missed. Were you not defending the practice of anonymous writing? And why, please tell, do you feel writing anonymously is necessary? Do you seriously contend that anonymity does not detract from the force of one’s words?

    Incidentally, I do not have tenure, but I am willing to stand behind my words.

  4. Patrick Says:

    Not at all Mr. Friedman. I was defending my own right to castigate a lout who invaded my blog’s comments by spewing boorish insults at my readers and co-writers, as in:

    Point: You seem more worried about being called a homo or a wimp than you are concerned about (a) being irresponsible, (b) being unfair or (c) being third-rate. Shame on ‘ya.

    and

    I do hope you guys are not lawyers unless it’s PI or insurance or wills and estates.

    Popehat is a fine blog whether or not I think some if its readers–and to some extent its publisher, who I do like–are fooling themselves about a few things. You anon guys can comment on our blog after you do your homework; in some cases finish your high school or undergraduate degrees; and/or secure non-peasant jobs. But you must use your real names.

    and

    Look, my “tone” part here is due to the fact your readership seems to be–on this issue at least–embarrassingly but proudly out-to-lunch. These folks, I would wager, are quite young (really thin-skinned) and pseudo-something. Is it Libertarian? I hope not. Includes some of the least-educated “thinkers” I’ve seen. No wonder they shy away from real names. Are you in the bigs or not, Ken?

    and

    Stick to principles. Maybe get off your knees? Go to real schools. Get real names. Get real ideas. Read real books. Get better jobs so you don’t have to hide from your employers.

    and this, which coming from an accomplished attorney, as Hull proclaims himself to be, I took to be a threat of “outing” and/or litigation, in a comment to post which you’ll note (assuming you’ve read carefully) was complimentary to Hull:

    Query: Do some of the nameless guys (note: for any defaming ones, I can get their names and I will if I get more time), and have a LOT of time on their hands.

    and this:

    I like the photo. But you’re a straight-up cretin. You need to get a gig. Work with retarded children–rather than Google–on the weekends, maybe?

    That’s what you’re defending and promoting? Or am I not reading you carefully enough?

    Not to mention that Hull got caught “sock-puppeting,” not once, but twice, posting under the pseudonym “Holden Oliver”. I have the ip address logs. I can send you screenshots. So Hull is guilty of precisely what you condemn, no, worse than that, as any reader can tell that “Marcus Agrippa” or “Patrick from Popehat” is a pseudonym, or at least an incomplete identity, whereas “Holden Oliver” is a false identity intended to be passed off as genuine, at least when the author is Dan Hull.

    That’s</em? what you're defending and promoting?

    As for your defense of Adler:

    I excuse him because he abandoned the practice as soon as he got tenure and therefore no longer felt threatened by being identified as a blogger.

    With respect this is weak. You excuse Non-Volokh because he no longer felt threatened once he received a lifetime appointment in your profession? Under your own criteria (not mine), the man is guilty of:

    nothing but cowardice

    but you’re unwilling to say so, either out of politeness to a colleague (in which case you’re not “standing behind your words”), out of some false notion that law professors are an elevated class, above the rules that govern mere humans (believe me they’re not), or out of fear because, as you say:

    I do not have tenure

    And Adler / Non-Volokh, the man you won’t call a coward though you plainly believe him to be such, does.

  5. pfriedman Says:

    Patrick — the issue was whether anonymous writing online is justified. Do you think so?

    My point was that anonymous writing represents an unwillingness to put one’s name to one’s word and therefore detracts from one’s credibility. Do you think not?

    As to Professor Adler: I believe his writing under a pseudonym detracted from the persuasive power of what he wrote during those years. Do I think it was cowardly? Well, not really, considering that I could appreciate the threat he perceived at the time. Would I have come to the same decision? Plainly not, since I’ve been blogging for over 7 years and never in my 14 plus years of teaching have enjoyed the job security of tenure.

    Why was Professor Adler’s writing less meaningful when it was anonymous? Because, among other things, one could not identify, as one can now, that he is closely affiliated with and supported by PERC, which has been funded by, among others, the Bradley Foundation, the Olin Foundation Sarah Scaife, JM Foundation, Lambe Foundation, McKenna Foundation, Earhart Foundation, Koch Foundation, Carthage Foundation and Castle Rock Foundation — foundations that for decades have worked to direct national policy toward the deregulation of industry and privatization. PERC received $4,175,875 from all funding sources combined from 1985 to 2002. Since 1998 PERC has also received $80,000 from ExxonMobil.

    That certainly casts a certain light on Professor Adler’s advocacy of “market solutions” to environmental problems.

    Is it wrong of Professor Adler to be backed by PERC? Of course not. But knowing who he is and who finds it in their interests to fund his research certainly should be part of the conversation.

    It is cowardly if there’s no good reason for to write under a pseudonym? Yes. Are the reasons rare in 2010 on the internet? Yes. Do people abuse anonymity? Of course. Does anonymity even with good reason detract from the power of one’s words? Yes. And that’s my my main point. A second point is that if one does not perceive a genuine threat anonymity is cowardice.

  6. Patrick Says:

    Mr. Friedman, obviously I do. I’m not telling you my name.

    My point, since you chose to use my blog’s post and its “insane exchange” as an exemplar to demonstrate your belief that failing to preface writing on the internet with one’s full name is “unjustified” is that your own writing lacks credibility, as you obviously failed to do more than skim Hull’s comments before attempting to ascribe meaning to them, a meaning they do not have. Your commentary divorces them from their context, which I’m sure we’ve all learned this week is important.

    This is your blog, of course, and your rules. You may limit or remove my ability to ask questions you consider tangential, but I find your unwillingess to respond to the points I just raised telling, speaking of credibility.

  7. Patrick Says:

    For the viewing public, please note that when I responded to Mr. Friedman’s comment 5 it consisted only of the first two paragraphs.

    The latter portions of the comment, paragraphs 3-7, were added between the time I began my reply and submitted it. I will concede that Mr. Friedman has responded to one of my concerns, as to Juan Non-Volokh, though in a rather less forthright manner than one would have expected from the bold man who initially called Adler (by implication) an unwise coward.

  8. Ken Says:

    Mr. Friedman, I’m finding this discourse even less persuasive than Mr. Hull’s. You propose that using one’s own name is essential to credibility, yet despite using your own name, you seem to be retreating from the frame and characterization you put in your original post. You’re not standing behind your words.

    I’ve already written, at length, at Popehat — the blog you linked — about why I think anonymous blogging is appropriate. That discussion is linked to, and referred to, in the very post you linked. I suspect you didn’t read it. You certainly don’t address any of its substance. You are, instead, merely dismissive and insulting. Once again, I am unimpressed with the benefits to discourse of people using their own name.

    Meanwhile, you (1) characterize an exchange as “insane” without, as far as I can tell, recognizing that Mr. Hull was deliberately trolling, that he apologized for it, and that comments directed at him were making fun of him for (among other things) using a sock puppet (and screwing it up) to advance a point against anonymous commenting; and (2) either fail to understand due to sloppy reading, or deliberately mischaracterize to make your point, the fact that people were using certain pseudonyms to make fun of Mr. Hull’s comments and his slip-up.

    You’d now like us to ignore that and return to discussing anonymity. But do you think that the frame — the spin — that you put on this post encourages anyone to have a discussion with you? If you refuse to acknowledge when you’ve mischaracterized something — either deliberately or through carelessness — why would anyone think that you’ll have a good-faith discussion of anonymity?

  9. pfriedman Says:

    Ken — I believe anonymity detracts from credibility. I believe that there are situations in which anonymity is called for, but I believe those situations are rare for Americans in 2010 and even when there is a reason for anonymity I believe it detracts from one’s credibility. I also think that in the absence of one of those rare good reasons for anonymity, anonymity is cowardice. Finally, I believe the exchange back and forth on your site on the question was insane. Readers can judge all those positions for themselves, and they can judge me for themselves too.

  10. pfriedman Says:

    One last thing: Mr. Hull’s views on anonymity, as linked to in your post, Ken, are (for the sake of my readers) set forth here:

    http://www.whataboutclients.com/archives/2010/07/redux_anonymity_1.html

  11. Patrick Says:

    Mr. Friedman, I certainly agree that the exchange was insane, though we apparently disagree on the etiology of the disorder. I believe the exchange was insane because a vulgarian, responding to a compliment, derailed the blog’s comments by insulting its authors and readers using terms like “homo” and suggesting that they need to work with retarded children on weekends…

    Incidentally, that’s something I actually do, though there’s no way the nitwit in question would know. I’m a board member and volunteer for my local branch of ARC, and my brother is developmentally disabled (a preferred term) but you’ll just have to take me on faith for that…

    That rather derailed what began as a polite discussion. Do you believe that we made things insane, or was it your hero Dan Hull? When you teach a class at law school, do you use terms like “homo” and “retard”? Is that the fashion these days? It’s been a while for me, perhaps I’m a genteel relic.

    Anyway, since it interests you I’ll tell you some of my own reasons for blogging anonymously.

    First of all, I don’t care whether you, or people like you, are persuaded by my name. I don’t present myself as an authority figure, nor do I seek to add to my non-existent authority through grandiose titles. You do, but your title means nothing to me, nor does your name. I’m more than happy to let my words and links (as this is the internet) speak for themselves. (Just between us girls, if it matters, I have titles even more impressive than associate professor at Case Western Reserve. I’m a recognized Saint in the Church of the Subgenius.)

    Second, it’s a weird, scary internet. Many years ago, I did use my name on the internet. A strange woman in the Cleveland area (oddly enough) noticed something that I wrote, tracked me down, and began calling my home to proposition me late at night. Since I’d recently married, this was a bit, shall we say … awkward? I had to change my email address, my telephone number, and to keep the new one unlisted. I’ve been a bit leery of using my real name on the internet ever since, a fear that any of your former students who practices domestic law (they do teach family law at Case Western, don’t they?) might endorse.

    Third, I’m not blogging for commercial advantage, nor do I seek to establish a scholarly reputation. I make not one dime from my presence on the internet. I write to amuse myself, and to amuse others, some of whom have become friends with whom I do share my name. And though it’s vulgar to say so, a comparison of page ranks, Google site link listings, and technorati authority shows that Ken and I are rather more successful at writing on the internet (using the crass metric of “how many people read it?” than you and your colleagues, even though we use pseudonyms.</em?

    Good day.

  12. There Is No Dana, Only Zool Says:

    Mr. Friedman, do you think anonymity is the most important factor in determining credibility of statements?

    Do you think it’s possible that the discussion of a person’s anonymity might detract from examination of the substance of that person’s words?

    I find the “credibility” argument to be lacking. Funny thing is “Ken”, “Patrick”, and myself (that is, me. Zool. Not Dana) have over a decade of observation showing that anonymity doesn’t hinder meaningful, even intimate, discussion. Also, I can’t help but notice that plenty of “real” commentators/bloviators/people-who-say-stuff offer up awful, and sometimes apparently made up, commentary all the time.

    The absolute wretched nature of main stream media coverage has contributed to the meteoric rise of blogs in a number of spheres. Some of them go “natural”, but some of them use handles. I have seen no correlation between quality of material and nature of the creator, and I look at these things for fun. I see similarities in the arguments about anonymity to the criticisms many MSM members made about bloggers (“no culpability” and the like. Except there is, as it turns out), criticisms that proved to be misplaced.

    I think everyone is better off in focusing on the quality of commentary first and foremost.

    Respectfully, Zool

    P.S. Are you the gate keeper?

  13. pfriedman Says:

    (1) From the first comment on the Popehat post on Hull’s piece on anonymity, the entire discussion turned from substance to insanity. I am trying to deal with substance.

    (2) I’m sorry about the stalker, Patrick, but I hardly feel that the fear of the possibility of being stalked is a basis for anonymity. If there’s some reason the topic, the forum, or anything else raises the risk of stalking to something beyond random insanity, I would understand it (as I understood Adler’s adoption of his pseudonym).

    (3) I will stick by my point that anonymity detracts from credibility. I’ve tried to explain some reasons why, including the presence of bias that words alone don’t disclose. I would add that the speaker’s character has for thousands of years been recognized as an element of the persuasive power of his words. It’s the “ethos” of the logos/pathos/ethos framework of Classical rhetoric, though I would imagine you guys are already familiar with that.

    (4) No, I’m not the gatekeeper. I’ve stated my view that anonymity detracts from the power of one’s words and the reasons for it. I hardly think my view will become law. Incidentally, I allow anonymous comments on my blog. I consider the anonymity part of what readers take into account in judging the force of the comment. I certainly don’t think it adds to that force.

    (5) And I’ve stated my view that a part of the reach for anonymity is fear of being willing to stand behind one’s words. It’s the type of fear I find too common among my students, and I wish they’d cast fear aside and step into the breach on behalf of themselves and their clients.

  14. Dr. Anil Potti of Duke University medical center accused of faking credentials as Rhodes Scholar | Popehat Says:

    [...] problem with this country is that people don’t say what they mean, and don’t mean what they say.  Am I the only person who thought the funniest moment in the entire Journo-List scandal was [...]

  15. Charles Says:

    As the only aggressively non-anonymous blogger at Popehat, I obviously disagree with my co-bloggers about how necessary anonymity is for me but I don’t disagree at all with their choice to remain anonymous. It is probably true that anonymity leads to an initial lack of credibility. That said, a presumption that anonymous=not-credible is ad hominem and foolish. Frankly, bragging about being public on the internet is embarrassing dick-swinging.

    People have a lot of reasons for staying anonymous on the internet. Stalking is one. Working in a field where your political or social opinions are irrelevant to your job but any whiff of controversy is extremely relevant to your continued employment is another. The First Amendment doesn’t apply to private actors and I can see why someone wouldn’t want to be the guy who martyrs his ability to meet his mortgage in order to call a cop a fascist on the internet.

    You don’t get credibility from being public; you get it from being persuasive. If you choose to not read anything from pseudonymous authors, that’s your loss.

  16. pfriedman Says:

    It’s hardly ad hominem to argue that writing anonymously detracts from credibility (not that it equals non-credibility, but that it certainly detracts from it — credibility, like so much else in persuasion, exists on a continuum, not as a binary matter). I’m arguing that anonymity robs the discourse of important things pertaining to ethos.

    As to avoiding controversy: (1) really, are your jobs all ones that prevent you from making public your most profound political and philosophical beliefs? I find that difficult to believe. (2) Perhaps if one engaged in discourse that made cogent, precise, and accurate points, the fear wouldn’t be so great. There are far more credible and effective ways of criticizing someone than calling him a “fascist.”

    In fact, a writer’s fear that his words cannot stand up to scrutiny by one’s employer is a good reason to doubt the credibility of what the writer is saying. Why is it the writer isn’t willing to justify his words to his employer? Because they’re just so much bombast, like calling someone a “fascist”? Do all the anonymous writers you are writing about, Charles, have employers so monstrous that those writers cannot bear the thought of justifying the beliefs they’re willing to voice in public forums to those employers? Is that because of the inhumanity of the employers, or is it because the tone and content of the discourse is so off the wall? My position is that almost all writing is more persuasive if the writer is willing to stand behind his words; in your example, rather than calling a cop a “fascist,” the writer would have to be specific about what and why the cop’s behavior was wrong. And if it’s the inhumanity of the employers that makes honesty about one’s beliefs impossible, shouldn’t those who can get different jobs ASAP? Or is it in the nature of the employer-employee relationship that the latter’s essence is always oppressed? I doubt it’s the latter inasmuch as that view seems so contrary to the Popehat ethic.

    Let me put it a way the lawyers among you might begin to understand. One reason courts only have the power to decide actual cases and controversies — and cannot, therefore, decide hypothetical cases — is so that the decisions they make are based on the evidence and arguments brought to bear on the case by the parties who actually have a stake in the controversy. The common law system developed with a profound distrust of hypothetical arguments by a bunch of self-professed geniuses on questions that for them are entirely hypothetical because those kinds of arguments tend to turn on ideological abstractions, whereas real life tends to turn on concrete questions that affect real people in their real lives.

    So a bunch of libertarians engaging in what they believe is high level and credible discourse about, say, the unfairness of taxes is all a bunch of stoned talk among cardboard Ayn Rand acolytes unless one gets down to specifics, and one important specific is the actual identity of the speakers. Like it or not, and I don’t think you can deny it, audiences always base part of their judgment about the persuasiveness of a given point on the identity of the speaker.

    And to raise hypothetical fears to justify the anonymity is just to engage in the kind of hypothetical dialog about how many angels dance on the head of a pin the case and controversy requirement avoids.

    Why don’t all of your fellow bloggers, Charles, save the anonymity for those instances in which they feel they need it? Surely they don’t need it all the time.

    And please, tell your fellow bloggers to stop distorting what I write by taking a point as the most extreme and absolute version of the point. Or at least to support their characterizations with fact. Patrick’s statement that I didn’t mean what I said is way off base.

    Finally, you’re right. The First Amendment permits anonymity. I never suggested otherwise. I believe the First Amendment too allows me to argue that anonymity detracts from credibility and represents a fear of actually standing behind one’s words.

  17. Keith Lee Says:

    Well this is certainly an interesting conversation.

    Obviously there are differing opinions as to whether or not anonymity is valuable in the context of posting on the interwebs. Currently, as is readily apparent from my blog, I choose to post and comment under my real name because I want what I post on my blog and elsewhere to be associated with my IRL person. That being said, there are a variety of circumstances in which there are things I would not share under my own name.

    Not sure about everyone else involved in this brouhaha, but I’ve been on the internet for a loooonnnggg time. I can recall dialing in to my local BBS with my 9600 baud modem in DOS during the 80s – I was a nerdy kid. No one used their real name. Through the nineties, things sped up and more people jumped online but using one’s real name was still thought of as odd. I grew up on messageboards and forums, and very, very few people ever used their real names. Any authority or respect that was given to people was based purely on the veracity of their words and their seniority (time registered on the board/post count).

    I started my first, personal blog back in 2000. I used my real name. However, the circle of people that were aware of it numbered in the dozens. I kept it going for a few years before I let it fizzle out. At that time in my life, while I was open with my real name online, I also wasn’t trying to say anything meaningful.

    Since the early-to-mid 00s more people who have some level of “authority” or “seniority” IRL seem to have come online, especially with blogs. These people want their IRL status to transfer to the interwebs. As such, it’s valuable for them to utilize their real name as it carries some level of weight.

    I don’t think it would be a stretch to say that my generation growing up on the internet and subsequent explosion of Facebook, etc. has led people (particularly older people) to become comfortable with using their real name online. However, this ignores the past twenty years or so of the internet in which anonymity was the norm. This is particularly true in places like messageboards and forums. Maybe a person is a devotee of World of Warcraft or some other videogame but doesn’t want it to be known in their office. They use a pseudonym, in order to keep their true identity private while being able to enjoy their pastime (in game, boards, posts, blog, etc) while engaging with others. I don’t see anything particularly wrong with this as that’s how I’ve always known the internet to be. There is definitely a trend to people being more open about who they really are, but demanding it comes across as odd.

    So when I come across the words of an anonymous poster, I give them due course as I would if it was written by someone I know. That’s one of the benefits, and perils, of the internet: everyone is on an equal playing field. Very few people are able to transfer any sense of “authority” or recognition to their writings online. You must be judged along side everyone else, even if you use your real name and are a Rhodes Scholar and the next poster, “Marcus Agrippa,” is really a 16-year old kid posting from his parent’s basement. If what either has to say has weight, give it credence. If not, not.

    As a caveat, I will say that I do have a higher degree of respect when in regards to people who post under their own name. When someone is willing place their words up to scrutiny with their real name attached, it does elicit a heightened sense of regard. But, for those who choose not to do so, I am not going to discount what they have to say out of principal.

    Regards

  18. pfriedman Says:

    Keith. Thanks for your thoughts. I think you’re right that the “culture” that has evolved over a couple of decades has indeed made anonymity an accepted convention.

    I think what you’ve written, though, confirms what I was saying: “I will say that I do have a higher degree of respect when in regards to people who post under their own name. When someone is willing place their words up to scrutiny with their real name attached, it does elicit a heightened sense of regard.”

    That’s exactly right: something that’s written by an identifiable person who’s willing to stand behind his words has more force than something written under a pseudonym.

    I think too that it is fear that motivates a lot of the anonymity that exists beyond communities that are sharing in “pastimes.” People are afraid their employers, their clients, or others won’t like their words. There are, of course, situations in which the fear is justified and unavoidable. But I can’t help but think that if one is not willing to stand behind one’s words, perhaps those words are not really so well thought out or so well crafted that they’re contributing to a productive discourse.

    There’s no doubt in my mind that anonymity is the reason for so much of the nastiness that breaks out in the blogosphere. Anonymity, be it in student evaluations or in anonymous blog posts and comments, seems to invite the release of hostilities that are more properly channeled when people are identified with their words and actions.

  19. Patrick Says:

    There’s no doubt in my mind that anonymity is the reason for so much of the nastiness that breaks out in the blogosphere. Anonymity, be it in student evaluations or in anonymous blog posts and comments, seems to invite the release of hostilities that are more properly channeled when people are identified with their words and actions.

    Like calling people “homos,” “wimps,” “third-rate,” “out to lunch,” “peasants” and using retarded children to make a cheap joke at the expense of others?

    Dude, we only came here because WordPress alerted us you’d commented on one our posts. Never heard of you before yesterday. But you KEEP DOUBLING DOWN ON YOUR BET ABOUT DAN HULL WHEN ALL EVIDENCE SUGGESTS MR. HULL POSTS HORRIFICALLY INSULTING TERMS, UNDER HIS OWN NAME, SUCH AS:

    homos,” “wimps,” “third-rate,” “out to lunch,” “peasants” and using retarded children to make a cheap joke at the expense of others

    to suggest that anonymous writers are rude. Respectfully, you keep repeating your point, but you also keep ignoring your point that the only example you’ve given is one in which a NON-ANONYMOUS PERSON hurls the VILEST INSULTS at people who use pseudonyms.

    Revise your post. Because you’re not anonymous, I know everything about you now, from your name, your employment, your education, what you write elsewhere, and much else. None of this is to threaten you. It’s simply to say that I know you’re an intelligent, thoughtful person.

    Why won’t you back down on the ridiculous example you chose? If I were to suggest a pseudonym for you, it would be “Ahab,” because you won’t admit that you’re chasing a white whale. Or perhaps “TK-421,” because your usual intelligence isn’t at its post. These aren’t the droids you’re looking for.

    ADMIT YOUR MISTAKE. ADMIT THAT YOU HELD DAN HULL UP AS AN EXEMPLAR AND A ROLE MODEL WHEN, BASED ON YOUR SOLE LINK, ALL EVIDENCE IS THAT DAN HULL IS A BOORISH LOUT!

    The evidence simply doesn’t support your case, counselor.

    OBEY!! OBEY!! OBEY!!

  20. Charles Says:

    It is hard to reply to your response to me because, well, you didn’t address my points at all.

    There is no dispute that there is a boost in credibility that comes with posting under one’s own name. I don’t think that is controversial, in dispute or interesting. The question is what value that kind of credibility has. That kind of surface credibility is, and should be, incredibly short-lived.

    Once you are a known entity you have a very short time to prove yourself worth reading. You are just like an anonymous writer except that the first hurdle in the credibility race is slightly lower. You can try to lower the bar by adding titles: “associate professor” at “elite university” (my brother went to CWRU Law) – but that’s it.

    The anonymous writer has a larger initial hurdle because all they have is their arguments. If you choose to make that hurdle insurmountable by discounting a priori anyone with a pseudonym you are proving more about yourself than about the value of using your own name.

    As for whether fears about publicity are “real” or “paranoid” – you are a f’ing law professor! Opinions are your job so you can’t see how people outside of your bubble may want a space where they can be less neutral than their professional position requires. Not because what they say is embarrassing or intemperate but because a client doesn’t have any need to know what you think about, say, health care reform. Does that mean you shouldn’t have opinions? Shouldn’t share them?

    What you consider paranoid fantasies are what people who have not chosen to be public intellectuals consider a cost-benefit analysis. It isn’t about a lack of willingness to “stand behind ones words” it is about a lack of willingness to be judged at their workplace about their opinions on non-work issues. It is the same reason I’d never tell my colleagues if I were into going to goth clubs or cross-dressing.

    This is why your First Amendment rejoinder makes no sense: of course everyone has the right to say virtually anything at no risk of government sanction. But government sanction isn’t what most people are worried about. The internet will survive your selective reading habits.

  21. Mike Says:

    Your blog post is pure fail. Just because bloggers are anonymous to you, doesn’t mean they are anonymous. I happen to know the Christian names of many anonymous bloggers.

    Why do you feel entitled to know the identify of given bloggers? Who are to make such demands? You are a nobody – in the blogging world and real life.

    You need treatment for your narcissism.

  22. Ruling Imagination: Law and Creativity » Blog Archive » Anonymous online writing: bad writing that wouldn’t see the light of day if the writer knew readers could match the words to the person. Says:

    [...] I apparently touched a nerve the other day when I blogged on this post and the thread of comments following it and expressed my preference for Dan [...]

  23. Amy Friedman Says:

    Okay, first, full disclosure: Peter is my brother, and someone I not only love but also admire.

    I am a writer. I am not a lawyer. I write books and articles and stories for a living.

    But when I read the “dude, I never even heard of you before” reference I thought, ah, but now you only seem to be making my brother’s point:

    With anonymity, beyond lack of some essential credibility, all manner of hostility begins to seep out.

    I kept thinking as I read of Edward R. Murrow (in part because just yesterday I walked past his star on the Hollywood Walk of Fame) and of Eugene McCarthy. What if Murrow had simply posted dozens of intelligent blogs about McCarthy’s unscrupulous, swaggering behavior but had been unwilling to let us know who he was, what he stood for, who it was who was saying these things?

    I’m not a blogger. I do not always read posts and engage in long arguments about them. I do teach writing memoir and personal essay, and I’ve noticed that many of my students–those who are most adept at and familiar with blogging–are the same people who are most fearful about saying what they actually think, writing truth from their point of view. They are forever “fudging the truth,” or (and this I do consider a fine and beautiful alternative to nonfiction) turning to writing fiction.

    But surely everyone here (especially the lawyers) understands that not knowing that someone is, say for instance, a CEO for BP (as an extreme example), when he argues in favor of deregulation makes for at least some lack of credibility.

    Or have I missed something? I am tired. And this post does have a lot of words. And many of these words (particularly those from the anonymous writers) seem to be personal attacks.

    Why, for instance, write something like: “You are a nobody–int he blogging world and real life. You need treatment for your narcissism.”

    That’s so deeply personal, so unnecessarily cruel. I am tempted to say, “Several of you need treatment for your anger issues.”

    But I have no idea who so many of you are, I will not say that.

  24. RE: Anonymity is cowardice, and cowards aren’t known for their wisdom. « An Associate's Mind Says:

    [...] re-posting my response to Professor Friedman at his blog (and my thoughts about anonymous commenting in general) below: Well this is certainly an [...]

  25. ThomasS Says:

    Various Greek sects worshiped mathematics because the idea of a proof meant that you didn’t have to trust the messenger. If you don’t believe the Pythagorean theorem, there are many ways that I might convince you, none of which make a reliance on my authority. Rather, each proof, each argument, is itself something that you can think through, check, and verify on your own.

    If you read popehat for any length of time, you will develop a sense for who Peter and Ken are. You will learn what sorts of arguments they make, how they research things that interest them and so on. Each time your read one of their posts you have a chance to think for yourself whether it is something that you are willing to believe. Depending on the results of this, you might even come to trust their analysis, or at least trust it to be interesting. This really shouldn’t be surprising. Newscasters develop reputations with and without stage names. Novelists develop reputations whether or not their legal name appears on the cover.

    If you wrote a book, would you want people to buy it because it was written by the sister of some law professor? Or would you want people to buy it because the book was actually well written?

    Regarding bias, when I am reading things like this on the internet, I do ask myself a question. The question isn’t who pays the author’s paycheck. The question isn’t even whether he finds his own arguments convincing. The question is whether I find them convincing.

  26. ThomasS Says:

    Bah, sorry.. Meant Patrick not Peter. I hope I haven’t managed to offend either party.

  27. pfriedman Says:

    Yes, for thousands of years people have sought objective, “mathematical” proof of matters that pertain to human values, behavior, and belief. And the Ancient Greek Sophists, in contrast to the Pythagoreans and Plato, recognized that when it comes to these human matters, it gets a whole lot more complicated. I wouldn’t deny for a moment that over time an anonymous author can develop a persona (or “ethos” in the jargon of rhetoric). What I would not deny either (a) the absence of a recognizable person behind that pseudonym detracts from his credibility, (b) the refusal to identify oneself on the kinds of matters addressed at Popehat arises from fear, (c) sometimes that fear is so great and the message so important that the hit on credibility is worth the anonymity, and (e) sometimes it isn’t.

    Novelists write fiction.

    If I wrote a book, I’d want people to buy it. If they bought it because of who I am, hey, that’s great. If you want to are genuinely concerned with getting a message across, you ought to employ every opportunity to get that message across you can. There’s no shame in that. It’s what effective communication is.

  28. Mano Singham Says:

    Peter,

    Interesting discussion. I too had some thoughts on this topic that I wrote up recently in a post entitled Anonymity, pseudonymity, and sockpuppetry that you might find of interest.

  29. Telefony Says:

    SOrry for my english not so well, but me think that you are write too pointe.

Add a comment