McIntyre v. Ohio Elections Commission
Encyclopedia
McIntyre v. Ohio Elections Commission, 514 U.S. 334
(1995), was a case in which the Supreme Court of the United States
held that an Ohio statute that prohibits anonymous political or campaign literature is unconstitutional. Writing for the Court, Justice Stevens asserted that such action is protected by the First Amendment, and therefore violated the constitutional principle of freedom of speech
. Justice Scalia dissented, to which Chief Justice Rehnquist joined. Justice Ginsberg also concurred. Justice Thomas wrote what was, for him, a very rare concurrence, but he is known to support free speech.
McIntyre appealed to the Court of Common Pleas, which reversed. The Ohio Court of Appeals reversed that court, putting back the fine. The Ohio Supreme Court affirmed the appellate
court. She petitioned to the Supreme Court of the United States, which granted writ of certiorari. Extensive amici briefs were filed in the case. In the meanwhile, the taxpayer was by then deceased, but her executor
continued the litigation.
, 561 U.S. ___ (2010). In Doe, they held that the disclosure of signature
s on a referendum
does not violate the First Amendment to the United States Constitution. This holding came out of the Washington Referendum 71 (2009)
, in which the people of Washington state confirmed Senate Bill 5688, a law extending the rights and obligations of domestic partnership
in Washington.
A defendant in a defamation lawsuit attempted to use this case as a precedent
that "sources have the right of anonymous speech under the First Amendment", but in 2011, the New Jersey Supreme Court
rejected the argument, distinguishing that case from McIntyre. In that case, the defendant was held not to be a journalist
for the purposes of privilege
, but was she also not anonymous, as she had posted her identity.
During the Albany, New York
2011 school budget campaign, anonymous flyers were mailed and telephones called that (unsuccessfully) aimed to defeat the Albany City School District
budget. It was later revealed that it was funded by "a charter-affiliated group ... connected to Tom Carroll," who was "founder of the Brighter Choice Foundation, which supports all of the city's 11 charter school
s." The opponents of the public schools spent $6,766 on postage for the mailings, while "the total cost of the professionally-produced postcards, as well as a telephone push poll
, likely far exceeded $10,000." This led to a bill being introduced into the New York State Legislature to require disclosure for political mailings that cost over $1,000. The bill was written by majority legislators Member of the Assembly Sam Hoyt
and Senator Kenneth LaValle
. That bill is pending as of June 2011.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1995), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that an Ohio statute that prohibits anonymous political or campaign literature is unconstitutional. Writing for the Court, Justice Stevens asserted that such action is protected by the First Amendment, and therefore violated the constitutional principle of freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
. Justice Scalia dissented, to which Chief Justice Rehnquist joined. Justice Ginsberg also concurred. Justice Thomas wrote what was, for him, a very rare concurrence, but he is known to support free speech.
Background
Margaret McIntyre, a taxpayer, passed out pamphlets that opposed a proposed school tax. The Ohio Elections Commission found her guilty of violating Ohio Code § 3599.09(A), which forbade "the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature." The Board fined her.McIntyre appealed to the Court of Common Pleas, which reversed. The Ohio Court of Appeals reversed that court, putting back the fine. The Ohio Supreme Court affirmed the appellate
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
court. She petitioned to the Supreme Court of the United States, which granted writ of certiorari. Extensive amici briefs were filed in the case. In the meanwhile, the taxpayer was by then deceased, but her executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
continued the litigation.
Subsequent law
Fifteen years later, the Supreme Court distinguished the McIntyre rule in Doe v. ReedDoe v. Reed
Doe v. Reed, 561 U.S. ___ , is a United States Supreme Court case which holds that the disclosure of signatures on a referendum does not violate the First Amendment to the United States Constitution.-Background:...
, 561 U.S. ___ (2010). In Doe, they held that the disclosure of signature
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
s on a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
does not violate the First Amendment to the United States Constitution. This holding came out of the Washington Referendum 71 (2009)
Washington Referendum 71 (2009)
Referendum 71 was a vote held in 2009 in which the people of Washington state confirmed Senate Bill 5688, a law extending the rights and obligations of domestic partnership in Washington...
, in which the people of Washington state confirmed Senate Bill 5688, a law extending the rights and obligations of domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
in Washington.
A defendant in a defamation lawsuit attempted to use this case as a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
that "sources have the right of anonymous speech under the First Amendment", but in 2011, the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
rejected the argument, distinguishing that case from McIntyre. In that case, the defendant was held not to be a journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
for the purposes of privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
, but was she also not anonymous, as she had posted her identity.
During the Albany, New York
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
2011 school budget campaign, anonymous flyers were mailed and telephones called that (unsuccessfully) aimed to defeat the Albany City School District
Albany City School District
The City School District of Albany is the public school district of Albany, New York. The district is an independent public entity. It is governed by the City School District of Albany Board of Education, whose members are elected in non-partisan elections for staggered, four-year terms...
budget. It was later revealed that it was funded by "a charter-affiliated group ... connected to Tom Carroll," who was "founder of the Brighter Choice Foundation, which supports all of the city's 11 charter school
Charter school
Charter schools are primary or secondary schools that receive public money but are not subject to some of the rules, regulations, and statutes that apply to other public schools in exchange for some type of accountability for producing certain results, which are set forth in each school's charter...
s." The opponents of the public schools spent $6,766 on postage for the mailings, while "the total cost of the professionally-produced postcards, as well as a telephone push poll
Push poll
A push poll is a political campaign technique in which an individual or organization attempts to influence or alter the view of respondents under the guise of conducting a poll. In a push poll, large numbers of respondents are contacted, and little or no effort is made to collect and analyze...
, likely far exceeded $10,000." This led to a bill being introduced into the New York State Legislature to require disclosure for political mailings that cost over $1,000. The bill was written by majority legislators Member of the Assembly Sam Hoyt
Sam Hoyt
William B. Hoyt III , better known as Sam Hoyt, was a member of the New York State Assembly. Hoyt represented the 144th Assembly district, consisting of part of Buffalo, New York, and all of Grand Island, New York...
and Senator Kenneth LaValle
Kenneth LaValle
Kenneth P. LaValle represents District 1 in the New York State Senate, which comprises the five East End towns of Long Island, New York, and the eastern half of the Town of Brookhaven, New York. First elected in 1976, he is the chair of the Higher Education Committee in the State Senate...
. That bill is pending as of June 2011.
See also
- List of United States Supreme Court cases, volume 514
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
Related cases
- National Association for the Advancement of Colored People v. Alabama, 357 U.S. 449 (1958), which held that the state's subpoenaSubpoenaA subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
for the NAACP's membership lists violated the right of due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
guaranteed by the Fourteenth Amendment to the United States ConstitutionFourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.