Saturday, June 26, 2010



Another appalling decision from SCOTUS

This is going to gut people's willingness to put their names to a petition
"Those who sign a petition to place an issue of public dispute onto a statewide ballot may not later claim a broad First Amendment shield of anonymity to prevent disclosure of their names to the public, the US Supreme Court ruled on Thursday. In an 8-to-1 decision, the high court said public disclosure of referendum petitions does not as a general matter violate the First Amendment.

But the court also stressed that under certain circumstances, petition signers may be able to remain anonymous. ‘Those resisting disclosure can prevail under the First Amendment if they can show a reasonable probability that the compelled disclosure [of personal information] will subject them to threats, harassment, or reprisals from either government officials or private parties,’ Chief Justice John Roberts wrote in the majority opinion in a case called Doe v. Reed.

The issue arose in Washington State after a group opposed to same-sex marriage sought to repeal a recently passed domestic partnership law. The group wanted the law to reflect that marriage and related legal benefits could only be between a man and a woman.”

Source

A fuller discussion of the decision here

Posted by John J. Ray (M.A.; Ph.D.).

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