home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- McINTYRE, executor of ESTATE OF McINTYRE,
- DECEASED v. OHIO ELECTIONS COMMISSION
- certiorari to the supreme court of ohio
- No. 93-986. Argued October 12, 1994-Decided April 19, 1995
-
- After petitioner's decedent distributed leaflets purporting to express
- the views of ``CONCERNED PARENTS AND TAX PAYERS'' oppos-
- ing a proposed school tax levy, she was fined by respondent for
- violating 3599.09(A) of the Ohio Code, which prohibits the distribu-
- tion of campaign literature that does not contain the name and
- address of the person or campaign official issuing the literature.
- The Court of Common Pleas reversed, but the Ohio Court of Ap-
- peals reinstated the fine. In affirming, the State Supreme Court
- held that the burdens 3599.09(A) imposed on voters' First Amend-
- ment rights were ``reasonable'' and ``nondiscriminatory'' and therefore
- valid. Declaring that 3599.09(A) is intended to identify persons
- who distribute campaign materials containing fraud, libel, or false
- advertising and to provide voters with a mechanism for evaluating
- such materials, the court distinguished Talley v. California, 362
- U. S. 60, in which this Court invalidated an ordinance prohibiting
- all anonymous leafletting.
- Held: Section 3599.09(A)'s prohibition of the distribution of anony-
- mous campaign literature abridges the freedom of speech in viola-
- tion of the First Amendment. Pp. 7-24.
- (a) The freedom to publish anonymously is protected by the First
- Amendment, and, as Talley indicates, extends beyond the literary
- realm to the advocacy of political causes. Pp. 7-9.
- (b) This Court's precedents make abundantly clear that the Ohio
- Supreme Court's reasonableness standard is significantly more
- lenient than is appropriate in a case of this kind. Although Talley
- concerned a different limitation than 3599.09(A) and thus does not
- necessarily control here, the First Amendment's protection of ano-
- nymity nevertheless applies. Section 3599.09(A) is not simply an
- election code provision subject to the ``ordinary litigation'' test set
- forth in Anderson v. Celebrezze, 460 U. S. 780, and similar cases.
- Rather, it is a regulation of core political speech. Moreover, the
- category of documents it covers is defined by their content-only
- those publications containing speech designed to influence the voters
- in an election need bear the required information. See, e.g., First
- Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 776-777. When a
- law burdens such speech, the Court applies ``exacting scrutiny,''
- upholding the restriction only if it is narrowly tailored to serve an
- overriding state interest. See, e.g., id., at 786. Pp. 9-14.
- (c) Section 3599.09(A)'s anonymous speech ban is not justified by
- Ohio's asserted interests in preventing fraudulent and libelous
- statements and in providing the electorate with relevant informa-
- tion. The claimed informational interest is plainly insufficient to
- support the statute's disclosure requirement, since the speaker's
- identity is no different from other components of a document's
- contents that the author is free to include or exclude, and the
- author's name and address add little to the reader's ability to
- evaluate the document in the case of a handbill written by a private
- citizen unknown to the reader. Moreover, the state interest in
- preventing fraud and libel (which Ohio vindicates by means of other,
- more direct prohibitions) does not justify 3599.09(A)'s extremely
- broad prohibition of anonymous leaflets. The statute encompasses
- all documents, regardless of whether they are arguably false or
- misleading. Although a State might somehow demonstrate that its
- enforcement interests justify a more limited identification require-
- ment, Ohio has not met that burden here. Pp. 14-20.
- (d) This Court's opinions in Bellotti, 435 U. S., at 792, n.
- 32-which commented in dicta on the prophylactic effect of requiring
- identification of the source of corporate campaign advertising-and
- Buckley v. Valeo, 424 U. S. 1, 75-76-which approved mandatory
- disclosure of campaign-related expenditures-do not establish the
- constitutionality of 3599.09(A), since neither case involved a prohi-
- bition of anonymous campaign literature. Pp. 20-23.
- 67 Ohio St. 3d 391, 618 N. E. 2d 152, reversed.
- Stevens, J., delivered the opinion of the Court, in which O'Connor,
- Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Ginsburg, J.,
- filed a concurring opinion. Thomas, J., filed an opinion concurring in
- the judgment. Scalia, J., filed a dissenting opinion, in which Rehn-
- quist, C. J., joined.
-