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Keywords

statuteappealpleafreedom of speechlevy
statutefreedom of speechrespondentlevy

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McIntyre v. Ohio Elections Com’n, 514 U.S. 334, 115 S.Ct. 1511, 131 L.Ed.2d 426, 63 USLW 4279, 23 Media L. Rep. 1577

Facts

Margaret McIntyre distributed leaflets opposing a proposed school tax levy at a public meeting. The leaflets were unsigned and expressed her views as part of a group called 'CONCERNED PARENTS AND TAX PAYERS.' After a complaint was filed against her for violating Ohio's law requiring campaign literature to include the distributor's name and address, she was fined $100. The lower courts had mixed rulings, with the Court of Common Pleas reversing the fine, but the Ohio Court of Appeals reinstated it, leading to the case being taken up by the U.S. Supreme Court.

After petitioner's decedent distributed leaflets purporting to express the views of 'CONCERNED PARENTS AND TAX PAYERS' opposing a proposed school tax levy, she was fined by respondent for violating § 3599.09(A) of the Ohio Code, which prohibits the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature.

Issue

Whether Ohio's statute prohibiting the distribution of anonymous campaign literature constitutes a law that abridges the freedom of speech under the First Amendment.

The question presented is whether an Ohio statute that prohibits the distribution of anonymous campaign literature is a 'law … abridging the freedom of speech' within the meaning of the First Amendment.

Rule

The First Amendment protects the freedom to publish anonymously, and any law that burdens core political speech must be subjected to exacting scrutiny to determine if it is narrowly tailored to serve an overriding state interest.

The freedom to publish anonymously is protected by the First Amendment, and, as Talley indicates, extends beyond the literary realm to the advocacy of political causes.

Analysis

The U.S. Supreme Court found that Ohio's law imposed an unconstitutional burden on political speech by requiring the identification of authors of campaign literature. The Court emphasized that the law was not narrowly tailored to serve the state's interests in preventing fraud and providing information to voters, as it applied broadly to all anonymous literature regardless of its content. The Court applied exacting scrutiny and concluded that the law did not meet the necessary standards for justification.

The Court emphasized that the law was not narrowly tailored to serve the state's interests in preventing fraud and providing information to voters, as it applied broadly to all anonymous literature regardless of its content.

Conclusion

The U.S. Supreme Court reversed the Ohio Supreme Court's decision, holding that the prohibition against anonymous campaign literature violated the First Amendment.

Held: Section 3599.09(A)'s prohibition of the distribution of anonymous campaign literature abridges the freedom of speech in violation of the First Amendment.

Who won?

Margaret McIntyre's estate prevailed in the case, as the U.S. Supreme Court ruled that the Ohio law unconstitutionally restricted free speech.

The U.S. Supreme Court ultimately reversed this decision, ruling that the prohibition against anonymous campaign literature violated the First Amendment.

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