John Doe #1, et al. v. Sam Reed, Washington Secretary of State, et al. (561 U.S. 186)

U.S. Supreme Court · decided June 24, 2010 · Supreme Court Database (Spaeth)

Citation
561 U.S. 186 · 130 S. Ct. 2811
Decided
June 24, 2010
Term
October Term 2009
Vote
8–1
Majority author
Justice Roberts
Issue area
Privacy
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Chief Justice Roberts delivered the opinion of the Court. The State of Washington allows its citizens to challenge state laws by referendum. Roughly four percent of Washington voters must sign a petition to place such a referendum on the ballot. That petition, which by law must include the names and addresses of the signers, is then submitted to the government for verification and canvassing, to ensure that only lawful signatures are counted. The Washington Public Records Act (PRA) authorizes private parties to obtain copies of government documents, and the State construes the PRA to cover submitted referendum petitions. This case arises out of a state law extending certain benefits to same-sex couples, and a corresponding referendum petition to put that law to a popular vote. Respondent intervenors invoked the PRA to obtain copies of the petition, with the names and addresses of the signers. Certain petition signers and the petition sponsor objected, arguing that such public disclosure would violate their rights under the First Amendment. The course of this litigation, however, has framed the legal question before us more broadly. The issue at this stage of the case is not whether disclosure of this particular petition would violate the First Amendment, but whether disclosure of referendum petitions in general would do so. We conclude that such disclosure does not as a…

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