McIntyre v. Ohio Elections Commission - Opinion Announcement

Argument of Speaker

Mr. Speaker: The opinion of the court in number 93-986, McIntyre versus Ohio Elections Commission will be announced by Justice Stevens.

Argument of Justice Stevens

Mr. Stevens: Margaret McIntyre was fined $100 for distributing anonymous handbills outside the public meeting at the Blendon Middle School in Westerville Ohio, whether superintendent of schools was discussing an imminent referendum on a proposed school tax levy.

This is McIntyre leaflets were addressed to concern citizens and taxpayers, they criticize the tax proposal.

A school board official filed a complaint against Mrs. McIntyre, respondent the Ohio Election Commission for violating in Ohio statute that makes it a crime for anyone to distribute any writing designed to influence the voters in any election unless that person places her name and address on the writing.

The Ohio Supreme Court of upheld the fine.

We granted certiorari to consider whether the Ohio statute is consistent with the first amendment.

For the reason stated in an opinion filed with the clerk today, we reverse.

The court has previously recognized that anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind.

One of the best known examples is the federalist, a collection of papers that played an important role in the ratification of our constitution.

The Federalist Papers is resigned under the name Publius that were actually written by three of our greatest founding fathers, James Madison, Alexander Hamilton and John Jay.

Many great literary figures have also published under assumed names.

Indeed, dumb skeptics believe William Shakespeare was not the true author of the place published under his name.

In this case we hold that the First Amendment recognizes an interest anonymity, whether it is used as a shield from prosecution as protection of privacy or merely as an element of the speakers message that like any other element, they speaker may include or exclude as she sees fit.

Ohio’s law because it placed as burden and core political speech and is not a mere regulation of the electro process, it subject to the most exacting First Amendment scrutiny.

The state takes the justified statute as a method of profaned fraud.

We are persuaded however that this interest is insufficient because the statute is not narrowly tailored to serve that interest.

Ohio also argues that it statute informs the electorate that like any other part of the speakers message, it is up to the peaker to decide whether to provide this information to the public.

She can not be force to inform simply for information sake.

Finally, we explained why our opinions in First National Bank v. Bellotti and Buckley v. Valeo, do not command the different result in this case.

Bellotti’s concerned only the scope of First Amendment protection afforded to corporations, while Buckley concerned disclosure of campaign expenditures in support of a candidate.

Neither case decided whether government may force the speaker to identify herself as the proponent of a specific idea.

We therefore holding that Mrs. McIntyre ahead a First Amendment right to distribute her anonymous handbills and we reverse the decision of the Ohio Supreme Court.

Justice Ginsberg has filed a concurring opinion.

Justice Thomas has filed an opinion concurring in the judgment.

Justice Scalia has filed a dissenting opinion in which the Chief Justice has joined.