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June 24, 2010
Supreme Court: Disclosure of Referendum Petitions Does Not Violate First AmendmentThe Supreme Court issued seven decisions this morning. Unfortunately, none of them are the Second Amendment incorporation case we've all been waiting for, McDonald v. City of Chicago or the First Amendment religion and schools case Christian Legal Society v. Martinez (Hastings) Those will be issued Monday at 10AM Eastern, and all signs point to Alito writing McDonald so warm up the skull. The Court did get around to the Washington referendum case. This is the one where the petitioning groups sued to prevent Washington from disclosing their names under the state's Public Records Act, claiming that forced disclosure would burden their First Amendment speech rights. For background, see this post and poll from last fall. Today the Court holds 8-1 that, generally, disclosure of the names of petition signers does not impermissibly burden rights protected by the First Amendment. The State's interest in preserving integrity of the petition process, preventing fraud, promoting transparency, a providing accountability outweigh the "modest burdens" of having one's name known for signing a referendum petition. However, the Court notes that the only issue properly raised in the case so far is the facial First Amendment challenge to public disclosure of referendum petitions. The petitioners in this case also claimed that Washington cannot disclose their petitions because signers would be subjected to threats, harassment, and reprisals for signing. That claim was never decided by the district court originally and, therefore, not decided on appeal. The case now goes back on that issue. The Chief Justice wrote the majority opinion (PDF). There are several concurring opinions, which I haven't had a chance to comb through yet. Justice Thomas dissented, stating that public disclosure of petitions would chill citizen participation in the referendum process. Later: I just want to point out how radical Justice Thomas' solution here is. As we discussed last fall (top link, above), I think the states -- and their citizens -- should be able to decide how much or how little disclosure is appropriate. Some states presently do not allow disclosure of petitions. Some, like Washington, do. In fact, Washington's disclosure law was itself created by voter initiative, rather than the state legislature. Justice Thomas would disallow that and prevent all states from adopting disclosure laws. Update: My own views most closely track with Justice Scalia: In my view this is not a matter for judicial interest-balancing. Our Nation’s longstanding traditions of legislating and voting in public refute the claim that the First Amendment accords a right to anonymity in the perform-ance of an act with governmental effect... Between Thomas and Scalia, I know which way I'd go. I strongly recommend Scalia's concurring opinion. He wouldn't even allow the harassment claim to go back to the district court. | Recent Comments
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The Classical Saturday Morning Coffee Break & Prayer Revival (4/20/24)
Daily Tech News 20 April 2024 The ONT Heard 'Round The World Cleveland Balloon Disaster Cafe Instead of Looking at The Real Reasons for Police Shootings, the Democrat-Media Complex Chooses to Gaslight the Public Supreme Court Rules 9-0 That Reverse Discrimination Is Good Cause for Lawsuit; Left Frets That This Ruling Will "Complicate" Their Desire to Discriminate Against Straight White Men Biden Rewrites Title IX Law to Mandate the Use of "Proper" (In Other Words: Fake) Pronouns, Forbid "Misgendering," Mandate Boys' Access to Girls' Locker Rooms and Bathrooms, And Restore the Obama-Era Kangaroo Sex Courts The Fake "Whistleblower" Who Gamed the System to Start the First Trump Impeachment May Be Forced to be a Witness in Joe Biden's Impeachment California School District Implements "Equity Grading" -- A Students Will Become B Students, and D and F Students Will Become C Students Democrats Save Mike Johnson's Ukraine Spending Package Search
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