mcintyre ohio elections argued october decided april petitioner decedent distributed leaflets purporting express views concerned parents tax payers opposing proposed school tax levy fined respondent violating ohio code prohibits distribution campaign literature contain name address person campaign official issuing literature common pleas reversed ohio appeals reinstated fine affirming state held burdens imposed voters first amendment rights reasonable nondiscriminatory therefore valid declaring intended identify persons distribute campaign materials containing fraud libel false advertising provide voters mechanism evaluating materials distinguished talley california invalidated ordinance prohibiting anonymous leafletting held section prohibition distribution anonymous campaign literature abridges freedom speech violation first amendment pp freedom publish anonymously protected first amendment talley indicates extends beyond literary realm advocacy political causes pp precedents make abundantly clear ohio reasonableness standard significantly lenient appropriate case kind although talley concerned different limitation thus necessarily control first amendment protection anonymity nevertheless applies section simply page ii election code provision subject ordinary litigation test set forth anderson celebrezze similar cases rather regulation core political speech moreover category documents covers defined content publications containing speech designed influence voters election need bear required information see first nat bank boston bellotti law burdens speech applies exacting scrutiny upholding restriction narrowly tailored serve overriding state interest see pp section anonymous speech ban justified ohio asserted interests preventing fraudulent libelous statements providing electorate relevant information claimed informational interest plainly insufficient support statute disclosure requirement since speaker identity different components document contents author free include exclude author name address add little reader ability evaluate document case handbill written private citizen unknown reader moreover state interest preventing fraud libel ohio vindicates means direct prohibitions justify extremely broad prohibition anonymous leaflets statute encompasses documents regardless whether arguably false misleading although state might somehow demonstrate enforcement interests justify limited identification requirement ohio met burden pp opinions bellotti commented dicta prophylactic effect requiring identification source corporate campaign advertising buckley valeo approved mandatory disclosure expenditures establish constitutionality since neither case involved prohibition anonymous campaign literature pp stevens delivered opinion kennedy souter ginsburg breyer joined ginsburg filed concurring opinion thomas filed opinion concurring judgment scalia filed dissenting opinion rehnquist joined mcintyre ohio elections justice stevens delivered opinion question presented whether ohio statute prohibits distribution anonymous campaign literature law abridging freedom speech within meaning first amendment mcintyre ohio elections april margaret mcintyre distributed leaflets persons attending public meeting blendon middle school westerville ohio meeting superintendent schools planned discuss imminent referendum proposed school tax levy leaflets expressed mcintyre opposition levy suggestion text message false misleading libelous mcintyre ohio elections composed printed home computer paid professional printer make additional copies handbills identified author others merely purported express views concerned parents tax payers except help provided son friend placed leaflets car windshields school parking lot mcintyre acted independently mcintyre distributed handbills official school district supported tax proposal advised unsigned leaflets conform ohio election laws undeterred mcintyre appeared another meeting next evening handed handbills proposed school levy defeated next two elections finally passed third try november five months later school official filed complaint ohio elections commission charging mcintyre distribution unsigned leaflets violated ohio code mcintyre ohio elections commission agreed imposed fine franklin county common pleas reversed finding mcintyre mislead public act surreptitious manner concluded statute unconstitutional applied conduct app pet cert ohio appeals divided vote reinstated fine notwithstanding doubts continuing validity decision ohio upholding statutory predecessor majority considered bound precedent citing state babst ohio mcintyre ohio elections dissenting judge thought intervening decision talley california invalidated city ordinance prohibiting anonymous leafletting compelled ohio adopt narrowing construction statute save constitutionality app pet cert ohio affirmed divided vote majority distinguished mcintyre case talley ground purpose identification persons distribute materials containing false statements ohio ohio believed law upheld burdens imposed first amendment rights voters reasonable nondiscriminatory quoting anderson celebrezze standard majority concluded statute plainly valid minor requirement imposed persons producing campaign literature identify source thereof neither impacts content message significantly burdens ability disseminated burden counterbalanced state interest providing voters message directed mechanism may better evaluate validity moreover law serves identify engage fraud libel false advertising interests sufficient overcome minor burden placed upon persons interests specifically acknowledged first national bank boston bellotti regulations sort survive constitutional scrutiny ohio mcintyre ohio elections mcintyre passed away pendency litigation even though amount controversy petitioner executor estate pursued claim grant certiorari reflects agreement appraisal importance question presented ii ohio maintains statute review reasonable regulation electoral process state suggest anonymous publications pernicious statute totally excluding marketplace ideas valid wise albeit implicit concession anonymity author ordinarily sufficient reason exclude work product protections first amendment anonymous pamphlets leaflets brochures even books played important role progress mankind talley california great works literature frequently produced authors writing assumed names despite mcintyre ohio elections readers curiosity public interest identifying creator work art author generally free decide whether disclose true identity decision favor anonymity may motivated fear economic official retaliation concern social ostracism merely desire preserve much one privacy possible whatever motivation may least field literary endeavor interest anonymous works enter marketplace ideas unquestionably outweighs public interest requiring disclosure condition entry accordingly author decision remain anonymous like decisions concerning omissions additions content publication aspect freedom speech protected first amendment mcintyre ohio elections mcintyre ohio elections iii mcintyre ohio elections ohio statute however contain different limitation applies unsigned documents designed influence voters election contrast los angeles ordinance prohibited anonymous handbilling place circumstances reason ohio correctly argues talley necessarily control disposition case must therefore decide whether extent first amendment protection anonymity encompasses documents intended influence electoral process ohio places principal reliance cases anderson celebrezze storer brown burdick takushi reviewed election code provisions governing voting process see anderson supra filing deadlines storer supra ballot access burdick supra voting see also tashjian republican party connecticut eligibility independent voters vote party primaries cases refused adopt test separate valid invalid restrictions anderson quoting storer instead pursued analytical process comparable used courts ordinary litigation considered relative interests state injured voters evaluated extent state interests necessitated contested restrictions anderson mcintyre ohio elections applying similar reasoning case ohio upheld reasonable nondiscriminatory burden rights voters ohio quoting anderson ordinary litigation test apply unlike statutory provisions challenged storer anderson ohio code control mechanics electoral process regulation pure speech moreover even though provision applies evenhandedly advocates differing viewpoints direct regulation content speech every written document covered statute must contain name residence business address chairman treasurer secretary organization issuing person issues makes responsible therefor ohio rev code ann furthermore category covered documents defined content publications containing speech designed influence voters election need bear required markings ibid consequently faced ordinary election restriction case involves limitation political expression subject exacting scrutiny meyer grant mcintyre ohio elections indeed explained many prior occasions category speech regulated ohio statute occupies core protection afforded first amendment discussion public issues debate qualifications candidates integral operation system government established constitution first amendment affords broadest protection political expression order assure unfettered interchange ideas bringing political social changes desired people roth although first amendment protections confined exposition ideas winters new york practically universal agreement major purpose amendment protect free discussion governmental affairs course includ ing discussions candidates mills alabama reflects profound national commitment principle debate public issues uninhibited robust new york times sullivan republic people sovereign ability citizenry make informed choices among candidates office essential identities mcintyre ohio elections elected inevitably shape course follow nation observed monitor patriot roy hardly doubted constitutional guarantee fullest urgent application precisely conduct campaigns political office buckley valeo law burdens core political speech apply exacting scrutiny uphold restriction narrowly tailored serve overriding state interest see bellotti precedents thus make abundantly clear ohio applied significantly lenient mcintyre ohio elections standard appropriate case kind iv insofar interest informing electorate means nothing provision additional information may either buttress undermine argument document think identity speaker different components document content author free include exclude already held state may compel newspaper prints editorials critical particular candidate provide space reply candidate miami herald publishing tornillo simple interest providing voters additional relevant information mcintyre ohio elections justify state requirement writer make statements disclosures otherwise omit moreover case handbill written private citizen known recipient name address author adds little anything reader ability evaluate document message thus ohio informational interest plainly insufficient support constitutionality disclosure requirement state interest preventing fraud libel stands different footing agree ohio submission interest carries special weight election campaigns false statements credited may serious adverse consequences public large ohio however rely solely protect interest election code includes detailed specific prohibitions making disseminating false statements political campaigns ohio rev code ann regulations apply candidate elections ballot measures thus ohio prohibition mcintyre ohio elections mcintyre ohio elections anonymous leaflets plainly principal weapon fraud rather serves aid enforcement specific prohibitions deterrent making false statements unscrupulous prevaricators although ancillary benefits assuredly legitimate persuaded justify extremely broad prohibition case demonstrates prohibition encompasses documents even arguably false misleading applies activities candidates organized supporters also individuals acting independently using modest resources applies elections public mcintyre ohio elections officers also ballot issues present neither substantial risk libel potential appearance corrupt advantage applies leaflets distributed eve election opportunity reply limited also distributed months advance applies matter mcintyre ohio elections character strength author interest anonymity moreover case also demonstrates absence author name document necessarily protect either person distributor forbidden document held responsible compliance election code state explained easily enforce direct bans disseminating false documents anonymous authors distributors wrongdoers might use false names addresses attempt avoid detection recognize state enforcement interest might justify limited identification requirement ohio shown scant cause inhibiting leafletting issue finally ohio vigorously argues opinions first nat bank boston bellotti buckley valeo amply support constitutionality disclosure requirement neither case controlling former concerned scope first amendment protection afforded corporations relevant portion latter concerned mandatory disclosure expenditures neither case involved prohibition anonymous campaign literature bellotti reversed judgment judicial massachusetts sustaining state law mcintyre ohio elections prohibited corporate expenditures designed influence vote referendum proposals massachusetts held first amendment protects corporate speech message pertains directly business interests corporation consistently holding today noted inherent worth speech terms capacity informing public depend upon identity source whether corporation association union individual also made perfectly clear deciding whether first amendment protection corporate speech coextensive protection affords individuals accordingly although commented dicta prophylactic effect requiring identification source corporate advertising necessarily apply independent communications individual like mcintyre mcintyre ohio elections reference bellotti prophylactic effect disclosure requirements cited portion earlier opinion buckley stressed importance providing electorate information political campaign money comes spent candidate observed sources candidate financial support also alert voter interests candidate likely responsive thus facilitate predictions future performance office comments concerned contributions candidate expenditures authorized candidate responsible agent reference kind independent activity pursued mcintyre required disclosures level financial support candidate received various sources supported interest avoiding appearance corruption application case true another portion buckley opinion expressed approval requirement even independent expenditures excess threshold level reported federal election commission requirement entailed nothing identification commission amount use money expended support candidate see reproducing relevant portions statute though mandatory reporting mcintyre ohio elections undeniably impedes protected first amendment activity intrusion far cry compelled writings written document particularly leaflet often personally crafted statement political viewpoint mcintyre handbills surely fit description identification author particularly intrusive reveals unmistakably content thoughts controversial issue disclosure expenditure use without reveals far less information may information person prefers keep secret undoubtedly often gives away something spender political views nonetheless even though money may talk speech less specific less personal less provocative handbill result money supports unpopular viewpoint less likely precipitate retaliation ohio statute infringement speech intrusive buckley disclosure requirement rests different less powerful state interests federal election campaign act issue buckley regulates candidate elections referenda ballot measures construed independent expenditures mean expenditures expressly advocate election defeat clearly identified candidate candidate elections government identify compelling state interest avoiding corruption might result campaign expenditures disclosure expenditures lessens risk individuals spend money support candidate quid pro quo mcintyre ohio elections special treatment candidate office curriers favor deterred knowledge expenditures scrutinized federal election commission public sort abuse moreover federal act contains numerous legitimate disclosure requirements campaign organizations similar requirements independent expenditures serve ensure campaign organization seek evade disclosure routing expenditures individual supporters see buckley short although buckley may permit narrowly drawn statute surely authority upholding ohio provision vi mcintyre ohio elections judgment ohio reversed ordered footnotes following one mcintyre leaflets original typeface vote issue school tax levy find million dollar deficit told middle schools must split yet told schools closed magnet school full operating school specials school residents asked work member commission help formulate new boundaries weeks worked long hard came workable plan plan totally disregarded waste tax payers dollars must stopped children education welfare must come first waste longer tolerated please vote issue thank concerned parents tax payers ohio rev code ann provides person shall write print post distribute cause written printed posted distributed notice placard dodger advertisement sample ballot form general publication designed promote nomination election defeat candidate promote adoption defeat issue influence voters election make expenditure purpose financing political communications newspapers magazines outdoor advertising facilities direct mailings similar types general public political advertising flyers handbills nonperiodical printed matter unless appears form publication conspicuous place contained within said statement name residence business address chairman treasurer secretary organization issuing person issues makes responsible therefor disclaimer paid political advertisement sufficient meet requirements division publication issued regularly constituted central executive committee political party organized provided mcintyre ohio elections chapter revised code shall sufficiently identified bears name committee chairman treasurer person firm corporation shall print reproduce notice placard dodger advertisement sample ballot form publication violation section section apply transmittal personal correspondence reproduced machine general distribution secretary state may rule exempt requirements division printed matter certain kinds printed communications campaign buttons balloons pencils like items size nature makes unreasonable add identification disclaimer disclaimer identification paid campaign committee shall identified words paid followed name address campaign committee appropriate officer committee identified name title complaint mcintyre also alleged violations two provisions ohio code charges dismissed american names mark twain samuel langhorne clemens henry william sydney porter come readily mind benjamin mcintyre ohio elections franklin employed numerous different pseudonyms see bruce benjamin franklin biographical critical study based mainly writings ch ed distinguished french authors voltaire francois marie arouet george sand amandine aurore lucie dupin british authors george eliot mary ann evans charles lamb sometimes wrote elia charles dickens sometimes wrote boz also published assumed names indeed believe works shakespeare actually written earl oxford rather william shaksper see ogburn mysterious william shakespeare myth reality ed see schoenbaum shakespeare lives ed adhering traditional view shaksper fact author see also stevens shakespeare canon statutory construction rev commenting competing theories though requirement might provide assistance critics evaluating quality significance writing indispensable draw analogy nonliterary context practice grading law school examination papers blindly system professor know whose paper grading indicates evaluations possible indeed perhaps reliable bias associated author identity prescinded tradition famously embodied federalist papers authored james madison alexander hamilton john jay signed publius publius opponents also tended publish pseudonyms prominent among cato believed new york governor george clinton centinel probably samuel bryan father pennsylvania judge mcintyre ohio elections legislator george bryan federal farmer may richard henry lee virginia member continental congress signer declaration independence brutus may robert yates new york justice walked constitutional convention storing complete forerunner writers war english pamphleteer junius whose true identity remains mystery see faragher encyclopedia colonial revolutionary america positing junius may sir phillip francis letters junius widely reprinted colonial newspapers lent considerable support revolutionary cause powell mccormack concurring opinion justice harlan added words state says ordinance aimed prevention fraud deceit false advertising negligent use words obscenity libel aid detection responsible spreading material character ordinance limited think state simply say circulation anonymous handbills must suppressed order identify distributors may obnoxious character absence substantial showing los angeles actual experience distribution obnoxious handbills generality remote furnish constitutionally acceptable justification deterrent effect free speech ordinance likely talley california omitted arguably disclosure requirement places significant burden advocates unpopular causes defenders status quo purposes analysis however assume statute evenhandedly burdens speakers legitimate interest remaining anonymous covered documents designed promote nomination election defeat candidate promote adoption defeat issue influence voters election ohio rev code ann meyer unanimously applied strict scrutiny invalidate law making illegal pay petition circulators obtaining signatures place initiative state ballot mcintyre ohio elections similarly burson freeman although law issue forbidding speech within feet entrance polling place restriction plurality dissent applied strict scrutiny law facially restriction political speech public forum slip see also slip kennedy concurring slip stevens dissenting course identity source helpful evaluating ideas best test truth power thought get accepted competition market abrams holmes dissenting underestimate common man people intelligent enough evaluate source anonymous writing see anonymous know anonymous evaluate anonymity along message long permitted must read message done decide responsible valuable truth new york duryea misc striking similar new york statute overbroad section provides person course campaign nomination election public office office political party means campaign materials including sample ballots advertisement radio television newspaper periodical public speech press release otherwise shall knowingly intent affect outcome campaign following use title office currently held candidate manner implies candidate currently hold office use term candidate never elected primary general special election office candidate make false statement concerning formal schooling training completed attempted candidate degree diploma certificate scholarship grant award prize honor received earned held candidate period time candidate attended school college community technical school institution mcintyre ohio elections make false statement concerning professional occupational vocational licenses held candidate concerning position candidate held received salary wages make false statement candidate public official indicted convicted theft offense extortion crime involving financial corruption moral turpitude make statement candidate indicted crime subject finding ohio elections commission without disclosing outcome legal proceedings resulting indictment finding make false statement candidate official record treatment confinement mental disorder make false statement candidate official subjected military discipline criminal misconduct dishonorably discharged armed services falsely identify source statement issue statements name another person without authorization falsely state endorsement opposition candidate person publication make false statement concerning voting record candidate public official post publish circulate distribute otherwise disseminate false statement either knowing false reckless disregard whether false concerning candidate designed promote election nomination defeat candidate used section voting record means recorded yes vote bill ordinance resolution motion amendment confirmation ohio rev code ann person course campaign advocacy opposition adoption ballot proposition issue means campaign material including sample ballots advertisement radio television newspaper periodical public speech press release otherwise shall knowingly intent affect outcome campaign following falsely identify source statement issue statements name another person without authorization falsely state endorsement opposition ballot proposition issue person publication post publish circulate distribute otherwise disseminate false statement either knowing false acting reckless disregard whether false designed promote adoption defeat ballot proposition issue ohio mcintyre ohio elections rev code ann said regard libel many election code provisions prohibit false statements candidates extent provisions may underinclusive ohio courts also enforce tort defamation see varanese gall ohio applying standard new york times sullivan ohio public official libel claim arising advertisement like forms election fraud ohio directly attacks problem libel extent anonymity ban serves interest merely supplement stressed importance distinction buckley valeo treating expenses expenses incurred campaign volunteers contributions made candidate campaign direction candidate staff forecloses avenue abuse without limiting actions voluntarily undertaken citizens independently candidate campaign omitted mcintyre ohio elections contrast limits expenditures express advocacy candidates made totally independently candidate campaign unlike contributions independent expenditures may well provide little assistance candidate campaign indeed may prove counterproductive absence prearrangement coordination expenditure candidate agent undermines value expenditure candidate also alleviates danger expenditures given quid pro quo improper commitments candidate rather preventing circumvention contribution limitations severely restricts independent advocacy despite substantially diminished potential abuse risk corruption perceived cases involving candidate elections automobile workers cio simply present popular vote public issue first nat bank boston bellotti omitted illinois explained people white struck similar statute implicit state justification concern public misinformed election swayed strength anonymous smear campaign candidate meaningfully respond statute upheld ground however sweeps within net great deal anonymous speech completely unrelated concern first place statute time limit applies literature circulated two months prior election well distributed two days statute also prohibits anonymous literature supporting opposing candidates also referenda public question clearly victim character assassination mcintyre ohio elections deciding whether novel restrictive gloss first amendment comports constitution precedents need survey outer boundaries amendment protection corporate speech address abstract question whether corporations full measure rights individuals enjoy first amendment bellotti passage continued occasion consider case whether different circumstances justification restriction speech inadequate applied individuals might suffice sustain restriction applied corporations unions like entities corporate advertising unlike methods participation political campaigns likely highly visible identification source advertising may required means disclosure people able evaluate arguments subjected see buckley harriss addition emphasized buckley prophylactic effect requiring source communication disclosed bellotti one provisions addressing contributions campaign committees requires identification person expenditures made committee behalf committee within calendar year aggregate amount value excess amount date purpose expenditure name address office sought candidate whose behalf expenditure made reprinted mcintyre ohio elections buckley interest also serves distinguish harriss upheld limited disclosure requirements lobbyists activities lobbyists direct access elected representatives undisclosed may well present appearance corruption note also federal act constitutional face may constitutional applications cf brown socialist workers campaign comm ohio holding ohio disclosure requirements unconstitutional applied minor political party historically object harassment government officials private parties buckley exempting minor parties disclosure requirements show reasonable probability compelled disclosure party contributors names subject threats harassment reprisals either government officials private parties mcintyre ohio elections justice ginsburg concurring dissent stirring appreciation democratic values see opinion unguided bedrock principle tradition case law see post margaret mcintyre case seems bears marked resemblance margaret gilleo case mary grace three decisions believe sound hardly sensational applications first amendment jurisprudence calf always cow decision finds unnecessary overintrusive inconsistent american ideals state imposition fine individual leafleteer within local community spoke mind sometimes mcintyre ohio elections name thereby hold state may larger circumstances require speaker disclose interest disclosing identity appropriately leaving open matters presented mcintyre handbills recognizes state interest protecting election process might justify limited identification requirement ante convincingly explained ohio lacks cause inhibiting leafletting issue ibid see city ladue gilleo held city ladue prohibit homeowner gilleo display small sign lawn window opposing war persian gulf grace lone picketer stood sidewalk front sign containing text first amendment prompting us exclude public sidewalks statutory ban display flag banner device grounds grace mcintyre ohio elections justice thomas concurring judgment agree majority conclusion ohio election law ohio rev code ann inconsistent first amendment apply however different methodology case instead asking whether honorable tradition anonymous speech existed throughout american history value anonymous speech might determine whether phrase freedom speech press originally understood protected anonymous political leafletting believe first amendment government shall make law abridging freedom speech press amdt interpreting free speech press clauses must guided original meaning constitution written instrument meaning alter meant adopted means south carolina long recognized meaning constitution must necessarily depend words constitution meaning mcintyre ohio elections intention convention framed proposed adoption ratification conventions several rhode island massachusetts pet see also ins chadha seek original understanding interpret speech press clauses read religion clauses first amendment framers discuss precise question issue turned history reveals contemporaneous understanding establishment clause guarantees lynch donnelly line must draw permissible impermissible one accords history faithfully reflects understanding founding fathers abington school dist schempp brennan concurring see also lee weisman slip scalia dissenting ii mcintyre ohio elections little doubt framers engaged anonymous political writing essays federalist papers published pseudonym publius famous example outpouring anonymous political writing occurred ratification constitution course simple fact framers engaged certain conduct necessarily prove forbade prohibition government see post scalia dissenting case however historical evidence indicates americans opposed attempts require anonymous authors reveal identities ground forced disclosure violated freedom press example earliest famous american experience freedom press zenger trial centered around anonymous political pamphlets case involved printer john peter zenger refused reveal anonymous authors published attacks crown governor new york governor council discover identity authors prosecuted zenger seditious libel see alexander brief narrative case trial john peter zenger katz mcintyre ohio elections ed although case set colonies afire example jury refusing convict defendant seditious libel crown authorities also signified early moment extent anonymity freedom press intertwined early american mind revolutionary ratification periods framers understanding relationship anonymity freedom press became explicit example continental congress attempted discover identity anonymous article pennsylvania packet signed name leonidas leonidas actually benjamin rush attacked members congress causing inflation throughout engaging embezzelment fraud letters delegates congress gawalt gephart eds elbridge gerry delegate massachusetts moved haul printer newspaper congress answer questions concerning leonidas several members congress rose oppose gerry motion ground invaded freedom press merriweather smith virginia rose quoted offending article approval finished declaration hen liberty press shall restrained liberties people end henry laurens notes debates july supporting smith john penn north carolina argued writer doubt good designs liberty press restrained ibid end arguments persuaded assembled delegates sat mute response gerry motion neither printer dr rush ever appeared congress answer publication teeter press freedom public printing pennsylvania journalism mcintyre ohio elections least one state legislatures shared congress view freedom press protected anonymous writing also upper house new jersey state legislature attempted punish author satirical attack governor college new jersey princeton signed work cincinnatus hixson isaac collins quaker printer century america attempting enforce crime seditious libel state legislative council ordered isaac collins printer editor newspaper article appeared reveal author identity refusing collins declared comply conceive betray trust reposed far acting faithful guardian liberty press apparently state assembly agreed anonymity protected freedom press voted support editor publisher frustrating council orders governor new jersey william livingston work writing anonymous articles defended right publish anonymously part freedom press pseudonym scipio livingston wrote several articles attacking legislature failure lower taxes accused state officer stealing losing state funds british invasion new jersey scipio letter printer gazette responding allegations officer called upon scipio avow publication give real name tucker scipio mar gazette livingston replied series defending liberty press although livingston first defended anonymity encouraged authors discuss politics without fear reprisal ultimately invoked liberty press guardian anonymous political writing hope mcintyre ohio elections tucker seriously bent upon total subversion political system scipio wrote pray may man free country convey thro press sentiments publick grievances without obliged send certified copy baptismal register prove name scipio liberty press iv apr gazette sure controversy among newspaper editors publishing anonymous articles pamphlets controversy resolved manner indicates freedom press protected author anonymity tempest began federalist writing anonymously expressed fear emissaries foreign enemies attempt scuttle constitution fill ing press objections proposal boston independent chronicle documentary history ratification constitution kaminski saladino eds hereinafter documentary history called upon printers refrain publishing author chooses remain concealed ibid benjamin russell editor prominent federalist newspaper massachusetts centinel immediately adopted policy refusing publish pieces unless author provided identity handed publick required massachusetts centinel days later massachusetts gazette announced emulate example set massachusetts centinel massachusetts gazette issue gazette carried article claiming requiring anonymous writer leave name printer anyone wished know identity informed appears perfectly reasonable perfectly consistent liberty press citizen massachusetts gazette federalists expressed similar mcintyre ohio elections thoughts philadelphia see philadelphia mechanic philadelphia independent gazetteer galba philadelphia independent gazetteer jewel philadelphia independent gazetteer ordinarily fact editors matter policy decided publish anonymous articles seem shed little light upon framers thought government widespread criticism raised however driving force behind demand bill rights indicates believed freedom press include right author anonymous political articles pamphlets americans shared understanding reflected federalists hasty retreat withering criticism assault liberty press opposition russell declaration centered philadelphia three philadelphia papers published citizen piece run massachusetts gazette response one leading writers federal farmer attacked russell policy views gentlemen boston countenanced printers shutting press fair free investigation important system usual mcintyre ohio elections way letter federal farmer complete storing ed another philadelphiensis also launched substantial attack russell defenders undermining freedom press desperate situation affairs friends despotic scheme government driven last alternative probability success namely abolition freedom press philadelphiensis essay independent gazetteer philadelphiensis eyes federalist attempts suppress press requiring disclosure authors identities foreshadowed oppression permitted new constitution see pretty plainly federalists excellent regulation press things carried adoption new constitution according philadelphiensis federalist policies already ruined freedom massachusetts boston liberty press completely abolished hence privileges rights people short time destroyed limited philadelphia attack repeated widely throughout new york one writer exclaimed federalist effort suppress anonymity reverse important doctrine freedom press whose truth universally acknowledged detector new york journal documentary history detector proceeded proclaim russell policy introduction first trait slavery country ibid responding federalist editorial policy rhode island wrote liberty press liberty every person present enjoys privilege infinite importance fought mcintyre ohio elections bled attempt aristocratical gentry every person name published write proposed federal constitution given many us alarm argus providence chronicle edward powars editor boston american herald proclaimed pages remain free open parties boston american herald boston independent chronicle solon accused russell attempting undermine freedom independence sentiments never checked free country essential existance free governments controversy federalist attempts prohibit anonymous political speech significant several reasons first clearly believed right author publish anonymous political articles pamphlets protected liberty press second although printers editorial policies constitute state action believed federalists merely flexing governmental powers fully exercise upon constitution ratification third perhaps significantly appears federalists agreed critique philadelphia opposition ban strongest record newspaper adopted policy city state aside russell massachusetts centinel federalist massachusetts gazette moreover two papers bark worse bite face widespread criticism appears russell retreated policy put readily reprinted several anonymous federalist essays show claims suppressed freedom press foundation truth documentary history mcintyre ohio elections likewise massachusetts gazette refused release names writers requested ibid federalist attempts ban anonymity followed sharp widespread defense name freedom press open federalist retreat issue must conclude federalists believed freedom press included right publish without revealing author name iii large quantity newspapers pamphlets framers produced various crises generation show remarkable extent framers relied upon anonymity break great britain revolutionaries employed pseudonyms conceal identity crown authorities impart message often writers choose names signal point view invoke specific classical modern crusaders agelong struggle tyranny schlesinger prelude independence thus leaders struggle independence adopt descriptive names mcintyre ohio elections common sense farmer true patriot historical ones cato name used many refer roman cato cato letters mucius scaevola practice even prevalent great outpouring political argument commentary accompanied ratification constitution besides publius prominent federalists signed articles pamphlets names american citizen marcus landholder americanus replied pseudonyms cato centinel brutus federal farmer impartial examiner see generally debate constitution bailyn ed practice publishing one thoughts anonymously pseudonym widespread two major federalist pieces appear signed true authors may special reasons practice publishing anonymous articles pamphlets fell disuse ratification one might infer custom anonymous political speech arose response unusual conditions period revolution ratification elections per se either candidates discrete issues records first federal elections indicate however anonymous political pamphlets newspaper articles remained mcintyre ohio elections favorite medium expressing views candidates pennsylvania example writers federalist candidates wrote names numa pompilius friend agriculture trade good laws federal centinel freeman centinel real patriot true federalists mechanic justice german federalist see generally documentary history first federal elections pp jensen becker eds appears practice major substantial records today see massachusetts maryland virginia new york seems actual names used rarely usually candidates wanted explain positions electorate use anonymous writing extended issues well candidates ratification constitution issue discussed via anonymous writings press james madison alexander hamilton example resorted pseudonyms famous helvidius pacificus debates president washington declaration neutrality war british french see hamilton pacificus june papers alexander hamilton syrett ed madison helvidius papers james madison mason et al eds anonymous writings continued republican papers aurora federalists organs gazette least election thomas jefferson see generally smith freedom fetters iv mcintyre ohio elections join majority analysis deviates settled approach interpreting constitution superimposes modern theories concerning expression upon constitutional text whether great works literature voltaire george eliot published anonymously irrelevant analysis sheds light phrases free speech free press meant people drafted ratified first amendment similarly whether certain types expression value today little significance important whether framers believed anonymous speech sufficiently valuable deserve protection bill rights although majority faithfully follows approach speech regulations need undertake analysis original understanding provides answer like justice scalia loath overturn century practice shared almost believe historical evidence framing outweighs recent tradition interpreting provisions constitution believed bound text constitution intent drafted ratified hold less standard interpreting speech mcintyre ohio elections press clauses reviewing weight historical evidence seems framers understood first amendment protect author right express thoughts political candidates issues anonymous fashion majority adopted analysis largely unconnected constitution text history concur judgment recognized little difficulty today state action problem considered federalist conduct supporting constitution preview tyranny come new federal government noted earlier several pieces support appeared federalist newspaper philadelphia independent gazetteer immediately answered two philadelphia freeman journal accused federalists preventing freedom enquiry truth honour never dreads tyrants tyranny never endure documentary history see mason objections constitution virginia journal debate constitution bailyn ed martin genuine information maryland gazette men may made exception general practice attended philadelphia convention refused sign constitution leaders fight ratification men may believed owed personal explanation constituents decision sign mcintyre ohio elections justice scalia chief justice joins dissenting time political branches government political parties reflect popular desire leave decisionmaking authority today decision moves opposite direction adding legacy inflexible central mandates irrevocable even congress imposed constitutional jurisprudence opinion reads though addressing peculiar law like los angeles municipal ordinance issue talley california invalidates species protection election process exists variety forms every state except california pedigree dating back end century preferring views english utilitarian philosopher john stuart mill ante considered judgment american people elected representatives coast coast discovers hitherto unknown engaging electoral politics dissent imposition imperatives demonstrably american people today inadequate mcintyre ohio elections reason believe society begat first amendment fourteenth question posed present case easiest sort answer adhere society traditional view constitution bears original meaning unchanging view every question construction carry back time constitution adopted recollect spirit manifested debates instead trying find meaning may squeezed text invented conform probable one passed jefferson letter william johnson june writings thomas jefferson lipscomb ed technique simple application government conduct claimed violate bill rights fourteenth amendment shown upon investigation engaged without objection time bill rights fourteenth amendment adopted doubt example laws libel obscenity violate freedom speech first amendment refers existed universally approved application principle unchanging constitution also simple enough extreme government conduct issue engaged time adoption ample evidence reason engaged thought violate right embodied constitutional guarantee racks thumbscrews well known instruments inflicting pain use regarded cruel punishments present case lies two extremes anonymous electioneering prohibited law mcintyre ohio elections fact widely practiced earlier date understandable legacy revolutionary era political dissent produce governmental reprisal need dwell upon evidence since described length today concurrence see ante thomas concurring judgment practice anonymous electioneering may less general fourteenth amendment adopted least late respectable enough engaged abraham lincoln see beveridge abraham lincoln pp uncollected works abraham lincoln wilson ed prove anonymous electioneering used frequently establish constitutional right quite obviously every restriction upon expression exist ipso facto unconstitutional else modern election laws involved burson freeman buckley valeo prohibited mention categories modern antinoise regulation sort involved kovacs cooper ward rock racism modern regulation sort involved cox new hampshire evidence anonymous electioneering regarded constitutional right sparse far aware evidence generally regarded nonexistent concurrence points freedom press objections made refusal federalist newspapers publish unsigned essays opposing proposed constitution ground might work foreign agents see ante thomas concurring judgment course every partisan cry freedom press accepted valid constitution mcintyre ohio elections unrecognizable one generalize particular cries first amendment protection newspapers restriction upon leaving aside however fact governmental action involved point inasmuch editorial proscription anonymity applied thus vice viewpoint discrimination hence comment philadelphiensis quoted concurrence see pretty plainly federalists excellent regulation press things carried adoption new constitution ante quoting philadelphiensis essay independent gazetteer complete storing ed concurrence recounts examples defense anonymity name freedom press single one involves context restrictions imposed connection free democratic election issue many moreover zenger trial ante leonidas controversy continental congress ante action new jersey legislative council isaac collins ante issue anonymity incidental unquestionably issue whether criticism government punished state thus sum total historical evidence marshalled concurrence principle constitutional entitlement anonymous electioneering partisan claims debate ratification almost like election restriction anonymity newspaper editors violates freedom speech absence historical testimony concerning point us hardly remarkable issue governmental prohibition upon anonymous electioneering mcintyre ohio elections particular opposed government prohibition upon anonymous publication general simply never arose indeed probably never arose even abstract question whether electoral openness regularity worth governmental restriction upon normal right anonymous speech idea close government regulation electoral process modern phenomenon arriving country late see burson freeman supra difficult case determining meaning constitution accepted existence governmental restrictions sort issue demonstrates constitutionality neither nonexistence clearly attributed constitutional objections case constitutional adjudication necessarily involves history judgment judgment whether government action challenge consonant concept protected freedom case freedom speech press existed constitutional protection accorded present case absent indication inclined agree concurrence society used anonymous political debate regularly regard constitutional even moderate restrictions made improve election process however want evidence common practice since doubt fourteenth amendment war back revolution indication weighty sort widespread longstanding traditions people principles liberty fundamental enough embodied within constitutional guarantees readily erased nation consciousness governmental practice become general throughout particularly one mcintyre ohio elections validation long accepted usage bears strong presumption constitutionality us section enacted general assembly state ohio almost years ago see act may ohio leg acts even time adoption nothing unique extraordinary earliest statute sort adopted massachusetts little years fourteenth amendment ratified less similar laws end world war today every state union except california one mcintyre ohio elections district columbia see code ann federal government advertising relating candidates federal office concerned see universal mcintyre ohio elections long established american legislative practice must given precedence think historical academic speculation regarding restriction assuredly go heart free speech said ignored tradition old almost widespread texas johnson held unconstitutional state law prohibiting desecration flag see also eichman cases merely stand proposition tradition alter core meaning constitutional guarantee said johnson bedrock principle underlying first amendment government may prohibit expression idea simply society finds idea offensive disagreeable prohibition expression contempt flag whether contemptuous words see street new york burning flag came said within bedrock principle law issue contrast forbids expression idea merely requires identification speaker idea uttered electoral context periphery first amendment like law issue burson took guidance tradition upholding constitutional attack restrictions upon electioneering vicinity polling places see mcintyre ohio elections plurality opinion scalia concurring judgment ii three basic questions must answered decide case two readily answered precedents third readily answered common sense decent regard practical judgment familiar elections first question whether protection election process justifies limitations upon speech constitutionally imposed generally talley california invalidated flat ban anonymous leafletting controls decision cases plainly answer question affirmative indeed suggest justification regulation compelling protection electoral process rights even basic illusory right vote undermined wesberry sanders state compelling interest preserving integrity election process eu san francisco cty democratic central significant found interest protecting electoral process approved prohibition political speech entirely areas impede process burson supra plurality opinion mcintyre ohio elections second question relevant decision whether right anonymity prominent value constitutional system even protection electoral process purchased expense answer clear several cases held peculiar circumstances compelled disclosure person identity unconstitutionally deter exercise first amendment associational rights see brown socialist workers campaign comm ohio bates little rock naacp alabama ex rel patterson cases acknowledge general right anonymity even right part citizens ignore particular laws challenge rather recognized right exemption otherwise valid disclosure requirements part someone show reasonable probability compelled disclosure result threats harassment reprisals either government officials private parties last quotation buckley valeo per curiam prescribed similar exemption upholding disclosure requirements federal election campaign act answer case law provides fear tyranny majority ante concern ersecuted groups sects time time throughout history able criticize oppressive practices laws either anonymously ante quoting talley anonymity still enjoyed require without utterly destroying useful disclosure laws record case contains even hint mcintyre feared threats harassment reprisals indeed placed name fliers meant place see app mcintyre ohio elections existence generalized right anonymity speech rejected lewis publishing morgan held newspapers desiring privilege second class postage required provide postmaster general publish statement names addresses editors publishers business managers owners rejected argument first amendment forbade requirement disclosure provision gave rise case still exists see still enforced postal service one several federal laws seemingly invalidated today opinion unprecedented protection anonymous speech even virtue establishing clear albeit erroneous rule law announced statute burdens core political speech requires exacting scrutiny must narrowly tailored serve overriding state interest ante ordinarily kiss death opinion goes proclaim soothingly unhelpfully state enforcement interest might justify limited identification requirement ante see also ante ginsburg concurring hold state may larger circumstances require speaker disclose interest disclosing identity perhaps state statutes alluded invalid indeed maybe remain valid larger circumstances may take decades work shape newly expanded even elections field areas course whole new boutique wonderful first amendment litigation opens doors must parade permit example issued group refuses provide identity agrees assurance identity made public must mcintyre ohio elections municipally owned theater leased private productions book anonymously sponsored presentations must government periodical letters editor column disavow policy newspapers publication anonymous letters must public university makes facilities available speech louis farrakhan david duke refuse disclose group sponsored paid speech must municipal cable channel permit anonymous masked performers silliness follows upon generalized right anonymous speech end third last question relevant decision whether prohibition anonymous campaigning effective protecting enhancing democratic elections answering question justices majority set views practical matter bears closely upon experience elected politicians upon unelected judges views perhaps see supra state legislatures federal congress might also add list side legislatures foreign democracies australia canada england example prohibitions upon anonymous campaigning see commonwealth electoral act australia canada elections act ch representation people act england one must wonder elected legislators around country around world see six justices see clearly willing require entire nation act upon requiring identification source campaign literature improve quality campaign says state explained easily enforce direct bans disseminating mcintyre ohio elections false documents anonymous authors distributors wrongdoers might use false names addresses attempt avoid detection ante sure complicated comparison means sure however person required put name document much less likely lie one lie anonymously distributor leaflet unlawful anonymous runs much risk immediate detection punishment distributor leaflet unlawful false thus people likely observe signing requirement naked falsity requirement observed requirement significantly less likely lie signed usefulness signing requirement lies promoting observance law campaign falsehoods though alone enough sustain lies also promoting civil dignified level campaign debate state power command ample power encourage undemanding measures signature requirement observers past national elections expressed concern increase character assassination mudslinging colloquial term engaged political candidates supporters detriment democratic process fact much consists actionable untruth innuendo demeaning characterization mere disclosure items personal life bearing upon suitability office imagine much increase done anonymously principal impediment reluctance individuals organizations publicly associated uncharitable uncivil expression consider moreover increased potential dirty tricks campaign operatives circulate mcintyre ohio elections material name opponents opponents supporters violation election laws order attract alienate certain interest groups see felknor political mischief smear sabotage reform elections fake mine workers newspaper assembled national republican congressional committee new york duryea misc sup letters purporting action committee liberal party sent republicans much easier circulate anonymous material example really tasteless though actionably false attack upon one candidate hope expectation attributed held side contends demanding disclosure pamphleteer identity different requiring disclosure information may reduce persuasiveness pamphlet message see ante cites miami herald publishing tornillo held unconstitutional require newspaper published editorial critical particular candidate furnish space candidate reply usual speaker put forward best arguments great imposition upon free speech make whereas quite usual expected speaker identify requiring least special circumstances present virtually imposition approved much onerous disclosure requirements name fair elections buckley valeo upheld provisions federal election campaign act required private individuals report federal election commission independent expenditures made communications advocating election defeat candidate mcintyre ohio elections federal office primary rationale upholding provision served informational interest increas ing fund information concerning support candidates provision us serves informational interest well important interests discussed attempt distinguish buckley see ante unconvincing even accurate statement disclosure requirement issue reveals far less information requiring disclosure identity author specific campaign statement happens accurate since provision issue required merely isclosure expenditure use without ante required among things identification person expenditures made within calendar year aggregate amount value excess amount date purpose expenditure name address office sought candidate whose behalf expenditure made supp iv emphasis added see also supp iv reproduced appendix buckley mcintyre ohio elections respectfully dissent see act june acts act mar ch sess laws act apr ark acts act mar ch cal stats act june ch laws act june laws act mar ch sess laws act july la acts act june ch mass laws act june ex sess ch laws act apr miss laws enacting miss code act apr mo laws act mont laws act mar ch stats act apr ch laws act apr ch laws act mar ch sess laws act may ohio leg acts act june ch laws act june laws act mar ch utah laws act mar ch laws act ch acts act july ch laws see code supp alaska stat ann rev stat ann supp ark code ann rev stat supp stat supp del code tit mcintyre ohio elections stat code ann haw rev stat idaho code supp comp stat ind code supp iowa code stat ann supp rev stat ann baldwin supp la rev stat ann west supp rev stat tit md ann code art mass laws comp laws ann west stat miss code ann mo rev stat supp mont code ann neb rev stat rev stat supp rev stat ann supp stat ann stat ann elec law mckinney stat supp cent code ohio rev code ann okla tit supp rev stat cons stat laws code ann supp comp laws ann supp code ann supp tex elec code ann supp utah code ann supp stat tit code ann rev code supp code stat supp wyo stat courts declared laws unconstitutional recent years relying upon decision talley california see state burgess la state north dakota ed people duryea misc sup aff app div decisions including decisions aware upheld laws see commonwealth evans super state freeman state babst ohio might accurate say insofar judicially unconstrained judgment american legislatures concerned approval mcintyre ohio elections law us universal california although enacted election disclosure requirement early see act mar ch cal stats abandoned law similar ohio see act ch cal stats california appeal relying primarily decision talley declared provision unconstitutional see schuster imperial county municipal cal app cal rptr cert denied page