Victoria Buckley, Secretary of State of Colorado v. American Constitutional Law Foundation, Inc., et al. (525 U.S. 182)

U.S. Supreme Court · decided January 12, 1999 · Supreme Court Database (Spaeth)

Citation
525 U.S. 182 · 119 S. Ct. 636
Decided
January 12, 1999
Term
October Term 1998
Vote
6–3
Majority author
Justice Ginsburg
Issue area
First Amendment
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal
Constitutional ruling
State/territorial law held unconstitutional

Opinion excerpt

Justice Ginsburg delivered the opinion of the Court. Colorado allows its citizens to make laws directly through initiatives placed on election ballots. See Colo. Const., Art. V, §§1(1), (2); Colo. Rev. Stat. §§1-40-101 to 1-40-133 (1998). We review in this case three conditions Colorado places on the ballot-initiative process: (1) the requirement that initiative-petition circulators be registered voters, Colo. Rev. Stat. § 1-40-112(1) (1998); (2) the requirement that they wear an identification badge bearing the circulator’s name, § 1-40-112(2); and (3) the requirement that proponents of an initiative report the names and addresses of all paid circula-tors and the amount paid to each circulator, § 1-40-121. Precedent guides our review. In Meyer v. Grant, 486 U. S. 414 (1988), we struck down Colorado’s prohibition of payment for the circulation of ballot-initiative petitions. Petition circulation, we held, is “core political speech,” because it involves “interactive communication concerning political change.” Id., at 422 (internal quotation marks omitted). First Amendment protection for such interaction, we agreed, is "at its zenith.” Id., at 425 (internal quotation marks omitted). We have also recognized, however, that “there must be a substantial regulation of elections if they are to be fair and honest and if some sort of order, rather than chaos, is to accompany the…

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