MCINTYRE v. OHIO ELECTIONS COMMISSION

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Case Basics
Docket No. 
93-986
Petitioner 
McIntyre
Respondent 
Ohio Elections Commission
Advocates
(Argued the cause for the respondent)
(Argued the cause for the petitioner)
Tags
Term:
Facts of the Case 

On April 27, 1988, Margaret McIntyre distributed leaflets to persons attending a public meeting in Ohio expressing her opposition to a proposed school tax levy. Though they were independently produced, she signed them as the views of "Concerned Parents and Tax Payers." Mrs. McIntyre was subsequently fined $100 for violating Section 3599.09(A) of the Ohio Elections Commission Code prohibiting the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature.

Question 

Does the prohibition of the distribution of anonymous campaign literature abridge freedom of speech as protected by the First and Fourteenth Amendments?

Conclusion 
Decision: 7 votes for McIntyre, 2 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

Yes. The freedom to publish anonymously is protected by the First Amendment and "extends beyond the literary realm to the advocacy of political causes." When a law burdens such anonymous speech, the Court applies "exacting scrutiny," upholding the restriction only if it is narrowly tailored to serve an overriding state interest.

Cite this Page
MCINTYRE v. OHIO ELECTIONS COMMISSION. The Oyez Project at IIT Chicago-Kent College of Law. 04 April 2014. <http://www.oyez.org/cases/1990-1999/1994/1994_93_986>.
MCINTYRE v. OHIO ELECTIONS COMMISSION, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1994/1994_93_986 (last visited April 4, 2014).
"MCINTYRE v. OHIO ELECTIONS COMMISSION," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 4, 2014, http://www.oyez.org/cases/1990-1999/1994/1994_93_986.