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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. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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