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Election Law @ Moritz

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Litigation

Doe v. Reed

Case Information

Date Filed / Ended: July 28, 2009 / June 24, 2010
State: Washington
Issue: Freedom of Information
Courts that Heard this Case: U.S. Court of Appeals for the 9th Circuit (Case 09-35863); U.S. Supreme Court (Case 09-559)

Issue:

Whether the First Amendment right to privacy in political speech, association, and belief requires strict scrutiny when a state compels public release of identifying information about petition signers.

Whether compelled public disclosure of identifying information about petition signers is narrowly tailored to a compelling interest.

Status:

Decision entered 6/24/10.

Supreme Court Documents

Appellate Court Documents

Related EL@M Articles

Commentary

Daniel P. Tokaji

An Ominous Supreme Court Decision

Daniel P. Tokaji

Anyone who cares about the right to vote should be very concerned by yesterday’s 5-4 U.S. Supreme Court decision in Husted v. NAACP . The one-paragraph stay order effectively stops same day registration in Ohio, which was to start today, and reduces the early voting period. The evidence showed that these voting opportunities were heavily used by African American and poor voters, who will be disproportionately burdened by the cuts. Even more disconcerting, however, are the implications of yesterday’s decision for the future of the right to vote.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

SCOTUS Grants Stay in Ohio Early Voting Case

With a 5-4 vote, the U.S. Supreme Court today granted a stay in NAACP v. Husted. The court's action blocks a district court order issued earlier this month and allows Ohio's shortened early voting period to go into effect.

more info & analysis...