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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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