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ed from speaker is still more problematic outside the academy. Real political discourse is neither costless nor disinterested. 6 We regularly observe communications substantially less NESS OFTHE PRESS 84 (reprint 1970) (1800)); see also Cohen v. Cowles Media Co., 111 S. Ct. 2513, 2523 (1991) (Souter, J., dissenting) (contending that the identity of the source of a news leak regarding an opposing candidate was important to Minnesota voters because "[t]he propriety of his leak ... could be taken to reflect on his character, which in turn could be taken to reflect on the character of the candidate who had retained him as an advisor"). 235 For advocacy of the necessity of legal decision-makers seeking to take seriously alternative perspectives, see Lynne N. Henderson, Legality and Empathy, 85 MIcH. L. REV. 1574 (1987); Martha Minow, The Supreme Cour 1986 Term-Foreword: Justice Engendered, 101 HARv. L. REv. 10 (1987); Martha Minow & Elizabeth Spelman, In Context, 63 S. CAL. L. REV. 1597, 1648-50 (1990). 236 The time and energy that Americans can devote to public affairs is dwarfed by the information with which they are confronted. Although it is barely plausible that an academic seminar could start from first principles in each discussion, the prospect of facing each evening's news with the same task is a recipe for paralysis. The regular tendency of the public to use chosen "opinion leaders" as proxies may be the only option for coping with information overload that preserves the possibility of public choice in any form. This suggests that "divorce from context" is not a plausible ideal. Still, the Talley principle does not mandate anonymity, but simply permits it. So few speakers appear to take advantage of the permission that, realistically, the SUNLIGHT, SECRETS, AND SCARLET LETTERS candid and disinterested than those of an academic seminar. If public discussion carries with it the prospect of gain and the danger of material loss to the participants as individuals, as any discussion of moment does, the reliability of assertions and the impact of proposals may be closely correlated to the speaker's interests. An analysis of tobacco-linked cancer deaths sponsored by the Tobacco Institute is rationally evaluated on a different basis than one sponsored by the Surgeon General. Similarly, we can expect a proposed tax change sponsored by the Business Roundtable to have a different distributional impact than one proposed by the AFL-

Sunlight, Secrets, and Scarlet Letters: The Tension between Privacy and Disclosure in Constitutional Law