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Indiana lawyer loses SCOTUS case

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A Terre Haute attorney has lost a free speech case before the Supreme Court of the United States, striking a blow to what he calls an ongoing campaign to eliminate campaign finance reform.

In a 67-page opinion released today, the nation’s highest court ruled that the names and addresses of ballot petition-signers can be made public, and that a Washington state statute on public record accessibility is constitutional. The case is Doe v. Reed, No. 09-559, and generated opinions from seven of the nine justices.

The 8-1 decision brought a sole dissent from Justice Clarence Thomas, who contended that he saw this state law as infringing on free speech. But the rest of the justices disagreed with that. A majority found that disclosing the identities of ballot measure petition-signers does not generally violate the First Amendment, though it doesn’t “foreclose success” on any lower court arguments if the sponsors want to pursue a state law exemption.

This ruling comes after almost a year of legal wrangling over Referendum 71, which came out of the 2009 Washington state law granting gay and lesbian couples registered as domestic partners the same rights as married people. Some religious and social conservatives tried to repeal the law through Ref. 71, but 53 percent of the state’s voters opted to keep it. Petitions for that referendum raised this issue, and pitted the two sides against each other about whether names of those petition-signers should be publicly disclosed.

Terre Haute attorney James Bopp Jr. represented the petition-signers, arguing that the names and addresses should be kept secret because signing a ballot petition is a private political act that warrants First Amendment protection. U.S. District Judge Benjamin Settle barred the state from releasing the 138,000 names because that disclosure could endanger their rights to anonymous political speech, but the 9th Circuit Court of Appeals overturned that decision.

Writing for the majority, Chief Justice John G. Roberts wrote that the broad challenge to the state law must be rejected.

“Public disclosure thus helps ensure that the only signatures counted are those that should be, and that the only referenda placed on the ballot are those that garner enough valid signatures,” he wrote. “Public disclosure also promotes transparency and accountability in the electoral process to an extent other measures cannot.”

The chief justice also noted the civic benefits of such disclosure, writing that it “helps prevent difficult-to-detect fraud such as outright forgery and ‘bait and switch’ fraud, in which an individual signs the petition based on a misrepresentation of the underlying issue.’”

Justices Samuel Alito, Sonya Sotomayor, Steven Breyer, John Paul Stevens, and Antonin Scalia all wrote concurring opinions of their own that delved into the issue even more.

Justice Thomas was the sole dissenter, writing that he would have upheld the District judge’s ruling because he believes this type of speech is protected by the First Amendment and disclosure could have a detrimental impact on people’s interaction in the political process.

“In my view, compelled disclosure of signed referendum and initiative petitions under the Washington Public Records Act… severely burdens those rights and chills citizen participation in the referendum process,” he wrote. “Given those burdens, I would hold that Washington’s decision to subject all referendum petitions to public disclosure is unconstitutional because there will always be a less restrictive means by which Washington can vindicate its stated interest in preserving the integrity of its referendum process.”

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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