Law doesn't infringe on free speech

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Indiana Lawyer Rehearing

The Supreme Court of the United States ruled June 24 on the case of Doe v. Reed, No. 09-559, in which Terre Haute attorney James Bopp Jr. was the lead attorney on the case that pitted free speech versus public disclosure of ballot petition supporters.

At issue in the case was a 2009 Washington state law that granted 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 Referendum 71, but 53 percent of the state’s voters opted to keep it. Petitions for that referendum raised the issue and pitted the two sides against each other about whether names of those petition-signers should be publicly disclosed.

Bopp 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.

In a 67-page opinion, the nation’s top justices ruled 8-1 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. Justice Clarence Thomas issued the sole dissent, 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.

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. Writing for the majority, Chief Justice John G. Roberts wrote that the broad challenge to the state law must be rejected. But the opinion allows the political action committee Protect Marriage Washington to ask the Western District of Washington judge for an exemption from publicly reporting the personal information of those who’d signed petitions in support of traditional marriage.

Rehearing on "In the name of free speech" IL March 31-April 13, 2010


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.