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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-986
- --------
- JOSEPH McINTYRE, executor of estate of MAR-
- GARET McINTYRE, deceased, PETITIONER v.
- OHIO ELECTIONS COMMISSION
- on writ of certiorari to the supreme court
- of ohio
- [April 19, 1995]
-
- Justice Stevens delivered the opinion of the Court.
- The question presented is whether an Ohio statute
- that prohibits the distribution of anonymous campaign
- literature is a -law . . . abridging the freedom of speech-
- within the meaning of the First Amendment.
-
- I
- On April 27, 1988, Margaret McIntyre distributed
- leaflets to persons attending a public meeting at the
- Blendon Middle School in Westerville, Ohio. At this
- meeting, the superintendent of schools planned to
- discuss an imminent referendum on a proposed school
- tax levy. The leaflets expressed Mrs. McIntyre's opposi-
- tion to the levy. There is no suggestion that the text
- of her message was false, misleading, or libelous. She
- had composed and printed it on her home computer and
- had paid a professional printer to make additional
- copies. Some of the handbills identified her as the
- author; others merely purported to express the views of
- -CONCERNED PARENTS AND TAX PAYERS.- Except
- for the help provided by her son and a friend, who
- placed some of the leaflets on car windshields in the
- school parking lot, Mrs. McIntyre acted independently.
- While Mrs. McIntyre distributed her handbills, an
- official of the school district, who supported the tax
- proposal, advised her that the unsigned leaflets did not
- conform to the Ohio election laws. Undeterred, Mrs.
- McIntyre appeared at another meeting on the next
- evening and handed out more of the handbills.
- The proposed school levy was defeated at the next two
- elections, but it finally passed on its third try in
- November 1988. Five months later, the same school
- official filed a complaint with the Ohio Elections Com-
- mission charging that Mrs. McIntyre's distribution of
- unsigned leaflets violated 3599.09(A) of the Ohio Code.
- The Commission agreed and imposed a fine of $100.
- The Franklin County Court of Common Pleas reversed.
- Finding that Mrs. McIntyre did not -mislead the public
- nor act in a surreptitious manner,- the court concluded
- that the statute was unconstitutional as applied to her
- conduct. App. to Pet. for Cert. A-34 to A-35. The
- Ohio Court of Appeals, by a divided vote, reinstated the
- fine. Notwithstanding doubts about the continuing
- validity of a 1922 decision of the Ohio Supreme Court
- upholding the statutory predecessor of 3599.09(A), the
- majority considered itself bound by that precedent. Id.,
- at A-20 to A-21, citing State v. Babst, 104 Ohio St.
- 167, 135 N. E. 525 (1922). The dissenting judge thought
- that our intervening decision in Talley v. California, 362
- U. S. 60 (1960), in which we invalidated a city ordinance
- prohibiting all anonymous leafletting, compelled the Ohio
- court to adopt a narrowing construction of the statute to
- save its constitutionality. App. to Pet. for Cert. A-30
- to A-31.
- The Ohio Supreme Court affirmed by a divided vote.
- The majority distinguished Mrs. McIntyre's case from
- Talley on the ground that 3599.09(A) -has as its
- purpose the identification of persons who distribute
- materials containing false statements.- 67 Ohio St. 3d
- 391, 394, 618 N. E. 2d 152, 154 (1993). The Ohio court
- believed that such a law should be upheld if the burdens
- imposed on the First Amendment rights of voters are
- -reasonable- and -nondiscriminatory.- Id., at 396, 618
- N. E. 2d, at 155, quoting Anderson v. Celebrezze, 460
- U. S. 780, 788 (1983). Under that standard, the
- majority concluded that the statute was plainly valid:
- -The minor requirement imposed by R.C. 3599.09
- that those persons producing campaign literature
- identify themselves as the source thereof neither
- impacts the content of their message nor significantly
- burdens their ability to have it disseminated. This
- burden is more than counterbalanced by the state
- interest in providing the voters to whom the mes-
- sage is directed with a mechanism by which they
- may better evaluate its validity. Moreover, the law
- serves to identify those who engage in fraud, libel or
- false advertising. Not only are such interests
- sufficient to overcome the minor burden placed upon
- such persons, these interests were specifically
- acknowledged in [First National Bank of Boston v.]
- Bellotti[, 435 U. S. 765 (1978),] to be regulations
- of the sort which would survive constitutional scru-
- tiny.- 67 Ohio St. 3d, at 396, 618 N. E. 2d, at
- 155-156.
- In dissent, Justice Wright argued that the statute
- should be tested under a more severe standard because
- of its significant effect -on the ability of individual
- citizens to freely express their views in writing on
- political issues.- Id., at 398, 618 N. E. 2d, at 156-157.
- He concluded that 3599.09(A) -is not narrowly tailored
- to serve a compelling state interest and is, therefore,
- unconstitutional as applied to McIntyre.- Id., at 401,
- 618 N. E. 2d, at 159.
- Mrs. McIntyre passed away during the pendency of
- this litigation. Even though the amount in controversy
- is only $100, petitioner, as the executor of her estate,
- has pursued her claim in this Court. Our grant of
- certiorari, 510 U. S. ___ (1994), reflects our agreement
- with his appraisal of the importance of the question
- presented.
-
- II
- Ohio maintains that the statute under review is a
- reasonable regulation of the electoral process. The State
- does not suggest that all anonymous publications are
- pernicious or that a statute totally excluding them from
- the marketplace of ideas would be valid. This is a wise
- (albeit implicit) concession, for the anonymity of an
- author is not ordinarily a sufficient reason to exclude
- her work product from the protections of the First
- Amendment.
- -Anonymous pamphlets, leaflets, brochures and even
- books have played an important role in the progress of
- mankind.- Talley v. California, 362 U. S. 60, 64 (1960).
- Great works of literature have frequently been produced
- by authors writing under assumed names. Despite
- readers' curiosity and the public's interest in identifying
- the creator of a work of art, an author generally is free
- to decide whether or not to disclose her true identity.
- The decision in favor of anonymity may be motivated by
- fear of economic or official retaliation, by concern about
- social ostracism, or merely by a desire to preserve as
- much of one's privacy as possible. Whatever the
- motivation may be, at least in the field of literary
- endeavor, the interest in having anonymous works enter
- the marketplace of ideas unquestionably outweighs any
- public interest in requiring disclosure as a condition of
- entry. Accordingly, an author's decision to remain
- anonymous, like other decisions concerning omissions or
- additions to the content of a publication, is an aspect of
- the freedom of speech protected by the First Amend-
- ment.
- The freedom to publish anonymously extends beyond
- the literary realm. In Talley, the Court held that the
- First Amendment protects the distribution of unsigned
- handbills urging readers to boycott certain Los Angeles
- merchants who were allegedly engaging in discrimina-
- tory employment practices. 362 U. S. 60. Writing for
- the Court, Justice Black noted that -[p]ersecuted groups
- and sects from time to time throughout history have
- been able to criticize oppressive practices and laws
- either anonymously or not at all.- Id., at 64. Justice
- Black recalled England's abusive press licensing laws
- and seditious libel prosecutions, and he reminded us
- that even the arguments favoring the ratification of the
- Constitution advanced in the Federalist Papers were
- published under fictitious names. Id., at 64-65. On
- occasion, quite apart from any threat of persecution, an
- advocate may believe her ideas will be more persuasive
- if her readers are unaware of her identity. Anonymity
- thereby provides a way for a writer who may be person-
- ally unpopular to ensure that readers will not prejudge
- her message simply because they do not like its propo-
- nent. Thus, even in the field of political rhetoric, where
- -the identity of the speaker is an important component
- of many attempts to persuade,- City of Ladue v. Gilleo,
- 512 U. S. ___, ___ (1994) (slip op., at 13), the most
- effective advocates have sometimes opted for anonymity.
- The specific holding in Talley related to advocacy of an
- economic boycott, but the Court's reasoning embraced a
- respected tradition of anonymity in the advocacy of
- political causes. This tradition is perhaps best exem-
- plified by the secret ballot, the hard-won right to vote
- one's conscience without fear of retaliation.
-
- III
- California had defended the Los Angeles ordinance at
- issue in Talley as a law -aimed at providing a way to
- identify those responsible for fraud, false advertising and
- libel.- 362 U. S., at 64. We rejected that argument
- because nothing in the text or legislative history of the
- ordinance limited its application to those evils. Ibid.
- We then made clear that we did -not pass on the
- validity of an ordinance limited to prevent these or any
- other supposed evils.- Ibid. The Ohio statute likewise
- contains no language limiting its application to fraudu-
- lent, false, or libelous statements; to the extent, there-
- fore, that Ohio seeks to justify 3599.09(A) as a means
- to prevent the dissemination of untruths, its defense
- must fail for the same reason given in Talley. As the
- facts of this case demonstrate, the ordinance plainly
- applies even when there is no hint of falsity or libel.
- Ohio's statute does, however, contain a different
- limitation: It applies only to unsigned documents
- designed to influence voters in an election. In contrast,
- the Los Angeles ordinance prohibited all anonymous
- handbilling -in any place under any circumstances.- Id.,
- at 60-61. For that reason, Ohio correctly argues that
- Talley does not necessarily control the disposition of this
- case. We must, therefore, decide whether and to what
- extent the First Amendment's protection of anonymity
- encompasses documents intended to influence the
- electoral process.
- Ohio places its principal reliance on cases such as
- Anderson v. Celebrezze, 460 U. S. 780 (1983); Storer v.
- Brown, 415 U. S. 724 (1974); and Burdick v. Takushi,
- 504 U. S. ___ (1992), in which we reviewed election code
- provisions governing the voting process itself. See
- Anderson, supra (filing deadlines); Storer, supra (ballot
- access); Burdick, supra (write-in voting); see also
- Tashjian v. Republican Party of Connecticut, 479 U. S.
- 208 (1986) (eligibility of independent voters to vote in
- party primaries). In those cases we refused to adopt
- -any `litmus-paper test' that will separate valid from
- invalid restrictions.- Anderson, 460 U. S., at 789,
- quoting Storer, 415 U. S., at 730. Instead, we pursued
- an analytical process comparable to that used by courts
- -in ordinary litigation-: we considered the relative
- interests of the State and the injured voters, and we
- evaluated the extent to which the State's interests
- necessitated the contested restrictions. Anderson, 460
- U. S., at 789. Applying similar reasoning in this case,
- the Ohio Supreme Court upheld 3599.09(A) as a
- -reasonable- and -nondiscriminatory- burden on the
- rights of voters. 67 Ohio St. 3d 391, 396, 618 N. E. 2d
- 152, 155 (1993), quoting Anderson, 460 U. S., at 788.
- The -ordinary litigation- test does not apply here.
- Unlike the statutory provisions challenged in Storer and
- Anderson, 3599.09(A) of the Ohio Code does not control
- the mechanics of the electoral process. It is a regulation
- of pure speech. Moreover, even though this provision
- applies evenhandedly to advocates of differing view-
- points, it is a direct regulation of the content of speech.
- Every written document covered by the statute must
- contain -the name and residence or business address of
- the chairman, treasurer, or secretary of the organization
- issuing the same, or the person who issues, makes, or is
- responsible therefor.- Ohio Rev. Code Ann. 3599.09(A)
- (1988). Furthermore, the category of covered documents
- is defined by their content-only those publications
- containing speech designed to influence the voters in an
- election need bear the required markings. Ibid.
- Consequently, we are not faced with an ordinary election
- restriction; this case -involves a limitation on political
- expression subject to exacting scrutiny.- Meyer v. Grant,
- 486 U. S. 414, 420 (1988).
-
- Indeed, as we have explained on many prior occasions,
- the category of speech regulated by the Ohio statute
- occupies the core of the protection afforded by the First
- Amendment:
- -Discussion of public issues and debate on the
- qualifications of candidates are integral to the
- operation of the system of government established
- by our Constitution. The First Amendment affords
- the broadest protection to such political expression
- in order `to assure [the] unfettered interchange of
- ideas for the bringing about of political and social
- changes desired by the people.' Roth v. United
- States, 354 U. S. 476, 484 (1957). Although First
- Amendment protections are not confined to `the
- exposition of ideas,' Winters v. New York, 333 U. S.
- 507, 510 (1948), `there is practically universal
- agreement that a major purpose of that Amendment
- was to protect the free discussion of governmental
- affairs, . . . of course includ[ing] discussions of
- candidates . . . .' Mills v. Alabama, 384 U. S. 214,
- 218 (1966). This no more than reflects our `pro-
- found national commitment to the principle that
- debate on public issues should be uninhibited,
- robust, and wide-open,' New York Times Co. v.
- Sullivan, 376 U. S. 254, 270 (1964). In a republic
- where the people are sovereign, the ability of the
- citizenry to make informed choices among candidates
- for office is essential, for the identities of those who
- are elected will inevitably shape the course that we
- follow as a nation. As the Court observed in
- Monitor Patriot Co. v. Roy, 401 U. S. 265, 272
- (1971), `it can hardly be doubted that the constitu-
- tional guarantee has its fullest and most urgent
- application precisely to the conduct of campaigns for
- political office.'- Buckley v. Valeo, 424 U. S. 1,
- 14-15 (1976).
- Of course, core political speech need not center on a
- candidate for office. The principles enunciated in
- Buckley extend equally to issue-based elections such as
- the school-tax referendum that Mrs. McIntyre sought to
- influence through her handbills. See First Nat. Bank of
- Boston v. Bellotti, 435 U. S. 765, 776-777 (1978) (speech
- on income-tax referendum -is at the heart of the First
- Amendment's protection-). Indeed, the speech in which
- Mrs. McIntyre engaged-handing out leaflets in the
- advocacy of a politically controversial viewpoint-is the
- essence of First Amendment expression. See Interna-
- tional Society for Krishna Consciousness v. Lee, 505
- U. S. ___ (1992); Lovell v. Griffin, 303 U. S. 444 (1938).
- That this advocacy occurred in the heat of a controver-
- sial referendum vote only strengthens the protection
- afforded to Ms. McIntyre's expression: urgent, important,
- and effective speech can be no less protected than
- impotent speech, lest the right to speak be relegated to
- those instances when it is least needed. See Terminiello
- v. Chicago, 337 U. S. 1, 4 (1949). No form of speech is
- entitled to greater constitutional protection than Mrs.
- McIntyre's.
- When a law burdens core political speech, we apply
- -exacting scrutiny,- and we uphold the restriction only
- if it is narrowly tailored to serve an overriding state
- interest. See, e.g., Bellotti, 435 U. S., at 786. Our
- precedents thus make abundantly clear that the Ohio
- Supreme Court applied a significantly more lenient
-
- standard than is appropriate in a case of this kind.
-
- IV
- Nevertheless, the State argues that even under the
- strictest standard of review, the disclosure requirement
- in 3599.09(A) is justified by two important and legiti-
- mate state interests. Ohio judges its interest in pre-
- venting fraudulent and libelous statements and its
- interest in providing the electorate with relevant
- information to be sufficiently compelling to justify the
- anonymous speech ban. These two interests necessarily
- overlap to some extent, but it is useful to discuss them
- separately.
- Insofar as the interest in informing the electorate
- means nothing more than the provision of additional
- information that may either buttress or undermine the
- argument in a document, we think the identity of the
- speaker is no different from other components of the
- document's content that the author is free to include or
- exclude. We have already held that the State may
- not compel a newspaper that prints editorials critical of
- a particular candidate to provide space for a reply by
- the candidate. Miami Herald Publishing Co. v. Tornillo,
- 418 U. S. 241 (1974). The simple interest in providing
- voters with additional relevant information does not
- justify a state requirement that a writer make state-
- ments or disclosures she would otherwise omit. More-
- over, in the case of a handbill written by a private
- citizen who is not known to the recipient, the name and
- address of the author adds little, if anything, to the
- reader's ability to evaluate the document's message.
- Thus, Ohio's informational interest is plainly insufficient
- to support the constitutionality of its disclosure require-
- ment.
- The state interest in preventing fraud and libel stands
- on a different footing. We agree with Ohio's submission
- that this interest carries special weight during election
- campaigns when false statements, if credited, may have
- serious adverse consequences for the public at large.
- Ohio does not, however, rely solely on 3599.09(A) to
- protect that interest. Its Election Code includes detailed
- and specific prohibitions against making or disseminat-
- ing false statements during political campaigns. Ohio
- Rev. Code Ann. 3599.09.1(B), 3599.09.2(B) (1988).
- These regulations apply both to candidate elections and
- to issue-driven ballot measures. Thus, Ohio's prohibi-
- tion of anonymous leaflets plainly is not its principal
- weapon against fraud. Rather, it serves as an aid to
- enforcement of the specific prohibitions and as a deter-
- rent to the making of false statements by unscrupulous
- prevaricators. Although these ancillary benefits are
- assuredly legitimate, we are not persuaded that they
- justify 3599.09(A)'s extremely broad prohibition.
- As this case demonstrates, the prohibition encompasses
- documents that are not even arguably false or mislead-
- ing. It applies not only to the activities of candidates
- and their organized supporters, but also to individuals
- acting independently and using only their own modest
- resources. It applies not only to elections of public
- officers, but also to ballot issues that present neither a
- substantial risk of libel nor any potential appearance of
- corrupt advantage. It applies not only to leaflets
- distributed on the eve of an election, when the opportu-
- nity for reply is limited, but also to those distributed
- months in advance. It applies no matter what the
- character or strength of the author's interest in anonym-
- ity. Moreover, as this case also demonstrates, the
- absence of the author's name on a document does not
- necessarily protect either that person or a distributor of
- a forbidden document from being held responsible for
- compliance with the election code. Nor has the State
- explained why it can more easily enforce the direct bans
- on disseminating false documents against anonymous
- authors and distributors than against wrongdoers who
- might use false names and addresses in an attempt to
- avoid detection. We recognize that a State's enforcement
- interest might justify a more limited identification
- requirement, but Ohio has shown scant cause for
- inhibiting the leafletting at issue here.
-
- V
- Finally, Ohio vigorously argues that our opinions in
- First Nat. Bank of Boston v. Bellotti, 435 U. S. 765
- (1978), and Buckley v. Valeo, 424 U. S. 1 (1976), amply
- support the constitutionality of its disclosure require-
- ment. Neither case is controlling: the former concerned
- the scope of First Amendment protection afforded to
- corporations; the relevant portion of the latter concerned
- mandatory disclosure of campaign-related expenditures.
- Neither case involved a prohibition of anonymous
- campaign literature.
- In Bellotti, we reversed a judgment of the Supreme
- Judicial Court of Massachusetts sustaining a state law
- that prohibited corporate expenditures designed to
- influence the vote on referendum proposals. 435 U. S.
- 765. The Massachusetts court had held that the First
- Amendment protects corporate speech only if its message
- pertains directly to the business interests of the corpora-
- tion. Id., at 771-772. Consistently with our holding
- today, we noted that the -inherent worth of the speech
- in terms of its capacity for informing the public does not
- depend upon the identity of its source, whether corpora-
- tion, association, union, or individual.- Id., at 777. We
- also made it perfectly clear that we were not deciding
- whether the First Amendment's protection of corporate
- speech is coextensive with the protection it affords to
- individuals. Accordingly, although we commented in
- dicta on the prophylactic effect of requiring identification
- of the source of corporate advertising, that footnote
- did not necessarily apply to independent communications
- by an individual like Mrs. McIntyre.
- Our reference in the Bellotti footnote to the -prophy-
- lactic effect- of disclosure requirements cited a portion
- of our earlier opinion in Buckley, in which we stressed
- the importance of providing -the electorate with informa-
- tion `as to where political campaign money comes from
- and how it is spent by the candidate.'- 424 U. S., at
- 66. We observed that the -sources of a candidate's
- financial support also alert the voter to the interests to
- which a candidate is most likely to be responsive and
- thus facilitate predictions of future performance in
- office.- Id., at 67. Those comments concerned contribu-
- tions to the candidate or expenditures authorized by the
- candidate or his responsible agent. They had no
- reference to the kind of independent activity pursued by
- Mrs. McIntyre. Required disclosures about the level of
- financial support a candidate has received from various
- sources are supported by an interest in avoiding the
- appearance of corruption that has no application to this
- case.
- True, in another portion of the Buckley opinion we
- expressed approval of a requirement that even -indepen-
- dent expenditures- in excess of a threshold level be
- reported to the Federal Election Commission. Id., at
- 75-76. But that requirement entailed nothing more
- than an identification to the Commission of the amount
- and use of money expended in support of a candidate.
- See id., at 157-159, 160 (reproducing relevant portions
- of the statute). Though such mandatory reporting
- undeniably impedes protected First Amendment activity,
- the intrusion is a far cry from compelled self-identifica-
- tion on all election-related writings. A written election-
- related document-particularly a leaflet-is often a
- personally crafted statement of a political viewpoint.
- Mrs. McIntyre's handbills surely fit that description. As
- such, identification of the author against her will is
- particularly intrusive; it reveals unmistakably the
- content of her thoughts on a controversial issue.
- Disclosure of an expenditure and its use, without more,
- reveals far less information. It may be information that
- a person prefers to keep secret, and undoubtedly it often
- gives away something about the spender's political
- views. Nonetheless, even though money may -talk,- its
- speech is less specific, less personal, and less provocative
- than a handbill-and as a result, when money supports
- an unpopular viewpoint it is less likely to precipitate
- retaliation.
- Not only is the Ohio statute's infringement on speech
- more intrusive than the Buckley disclosure requirement,
- but it rests on different and less powerful state inter-
- ests. The Federal Election Campaign Act of 1971, at
- issue in Buckley, regulates only candidate elections, not
- referenda or other issue-based ballot measures; and we
- construed -independent expenditures- to mean only those
- expenditures that -expressly advocate the election or
- defeat of a clearly identified candidate.- Id., at 80. In
- candidate elections, the Government can identify a
- compelling state interest in avoiding the corruption that
- might result from campaign expenditures. Disclosure of
- expenditures lessens the risk that individuals will spend
- money to support a candidate as a quid pro quo for
- special treatment after the candidate is in office.
- Curriers of favor will be deterred by the knowledge that
- all expenditures will be scrutinized by the Federal
- Election Commission and by the public for just this sort
- of abuse. Moreover, the federal Act contains numer-
- ous legitimate disclosure requirements for campaign
- organizations; the similar requirements for independent
- expenditures serve to ensure that a campaign organiza-
- tion will not seek to evade disclosure by routing its
- expenditures through individual supporters. See
- Buckley, 424 U. S., at 76. In short, although Buckley
- may permit a more narrowly drawn statute, it surely is
- not authority for upholding Ohio's open-ended provi-
- sion.
- VI
- Under our Constitution, anonymous pamphleteering is
- not a pernicious, fraudulent practice, but an honorable
- tradition of advocacy and of dissent. Anonymity is a
- shield from the tyranny of the majority. See generally
- J. S. Mill, On Liberty, in On Liberty and Considerations
- on Representative Government 1, 3-4 (R. McCallum ed.
-
- 1947). It thus exemplifies the purpose behind the Bill
- of Rights, and of the First Amendment in particular: to
- protect unpopular individuals from retaliation-and their
- ideas from suppression-at the hand of an intolerant
- society. The right to remain anonymous may be abused
- when it shields fraudulent conduct. But political speech
- by its nature will sometimes have unpalatable conse-
- quences, and, in general, our society accords greater
- weight to the value of free speech than to the dangers
- of its misuse. See Abrams v. United States, 250 U. S.
- 616, 630-31 (1919) (Holmes, J., dissenting). Ohio has
- not shown that its interest in preventing the misuse of
- anonymous election-related speech justifies a prohibition
- of all uses of that speech. The State may, and does,
- punish fraud directly. But it cannot seek to punish
- fraud indirectly by indiscriminately outlawing a category
- of speech, based on its content, with no necessary
- relationship to the danger sought to be prevented. One
- would be hard pressed to think of a better example of
- the pitfalls of Ohio's blunderbuss approach than the
- facts of the case before us.
- The judgment of the Ohio Supreme Court is reversed.
-
- It is so ordered.
-