meyer grant argued april decided june colorado statute allows proposed state constitutional amendment placed general election ballot proponents obtain signatures least five percent total number qualified voters initiative petition within period makes felony pay petition circulators concluding need assistance paid personnel obtain required signatures within allotted time appellee proponents constitutional amendment remove motor carriers colorado public utilities commission jurisdiction brought suit appellant state officials seeking declaration statutory payment prohibition violated first amendment rights district upheld statute appeals ultimately reversed holding statute violates first amendment made applicable fourteenth amendment held statutory prohibition use paid circulators abridges appellees right engage political speech violation first fourteenth amendments pp statute subject exacting scrutiny since circulation initiative petition seeking deregulate colorado trucking industry necessarily constitutes core political speech first amendment protection zenith statute burdens speech two ways first limits number voices convey appellees message hours speak therefore limits size audience reach second makes less likely appellees garner number necessary signatures thus limiting ability make matter focus statewide discussion statute burden speech relieved fact avenues expression remain open appellees since use paid circulators effective fundamental perhaps economical means achieving direct communication appellees right utilize means protected first amendment statutory burden rendered acceptable state claimed authority impose limitations scope right legislate initiative power ban initiatives entirely include power limit discussion political issues raised initiative petitions posadas de puerto rico associates tourism puerto rico distinguished pp state failed sustain burden justifying statutory prohibition argument justification found state interest assuring initiative sufficient grass roots support placed ballot persuasive since interest adequately protected requirement specified number signatures obtained state claimed interest protecting integrity initiative process justify prohibition state failed demonstrate necessity burdening appellees ability communicate order meet concerns assumed professional circulator whose qualifications similar future assignments may well depend reputation competence integrity likely accept false signatures volunteer motivated entirely interest proposition placed ballot moreover statutory provisions dealing expressly potential danger false signatures adequate minimize risk improper circulation conduct pp stevens delivered opinion unanimous maurice knaizer first assistant attorney general colorado argued cause appellants briefs duane woodard attorney general pro se richard forman solicitor general charles howe billy shuman deputy attorneys general william danks argued cause filed brief appellees briefs amici curiae urging affirmance filed american civil liberties union et al james sandman steven shapiro john powell washington legal foundation et al daniel popeo paul kamenar justice stevens delivered opinion colorado proponents new law amendment state constitution may proposal placed ballot general election obtain enough signatures qualified voters initiative petition within period one section state law regulating initiative process makes felony pay petition circulators question case whether provision unconstitutional appeals tenth circuit sitting en banc held statute abridged appellees right engage political speech therefore violated first fourteenth amendments federal constitution agree colorado one several permits citizens place propositions ballot initiative process colo art rev stat supp colorado law proponents initiative measure must submit measure state legislative council legislative drafting office review comment draft submitted title board prepares title submission clause summary approval title submission clause summary proponents measure six months obtain necessary signatures must amount equal least five percent total number voters cast votes candidates office secretary state last preceding general election signature requirements met petitions may filed secretary state measure appear ballot next general election rev stat supp state law requires persons circulate approved drafts petitions signature registered voters colo art signed petitions filed secretary state circulators must sign affidavits attesting signature signature person whose name purports best knowledge belief person signing petition registered voter rev stat supp payment petition circulators punished felony rev stat supra appellees proponents amendment colorado constitution remove motor carriers jurisdiction colorado public utilities commission early obtained approval title submission clause summary measure proposing amendment began process obtaining signatures necessary proposal appear november ballot based experience petition circulators well unpaid circulators appellees concluded need assistance paid personnel obtain required number signatures within allotted time brought action secretary state attorney general colorado seeking declaration statutory prohibition use paid circulators violates rights first amendment brief trial district judge entered judgment upholding statute alternative grounds first concluded prohibition use paid circulators burden appellees first amendment rights place restraint expression measurably impair efforts place initiatives ballot restriction ability hire paid circulators speak significant remained free use money employ spokesmen advertise cause second even assuming arguendo statute burdened appellees right engage political speech district judge concluded burden justified state interests making sure initiative measure sufficiently broad base warrant placement ballot protecting integrity initiative process eliminating temptation pad petitions divided panel appeals affirmed reasons stated district granting rehearing en banc however reversed en banc majority concluded record demonstrated petition circulators engage communication ideas obtaining signatures available pool circulators necessarily smaller volunteers used thus effect statute absolute ban compensation solicitors clear impedes sponsors opportunity disseminate views public curtails discussion issues normally accompanies circulation initiative petitions shrinks size audience reached short like campaign expenditure limitations struck buckley colorado statute imposes direct restriction necessarily reduces quantity expression buckley valeo citations omitted first amendment provision whose protection dependent truth popularity social utility ideas beliefs offered naacp button purpose first amendment foreclose public authority assuming guardianship public mind field every person must watchman truth forefathers trust government separate true false us thomas collins jackson concurring ii fully agree appeals conclusion case involves limitation political expression subject exacting scrutiny buckley valeo first amendment provides congress shall make law abridging freedom speech press right people peaceably assemble petition government redress grievances fourteenth amendment makes prohibition applicable state colorado explained thornhill alabama freedom speech press secured first amendment abridgment among fundamental personal rights liberties secured persons fourteenth amendment abridgment state unquestionably whether trucking industry deregulated colorado matter societal concern appellees right discuss publicly without risking criminal sanctions freedom speech press guaranteed constitution embraces least liberty discuss publicly truthfully matters public concern without previous restraint fear subsequent punishment first amendment fashioned assure unfettered interchange ideas bringing political social changes desired people roth appellees seek petition achieve political change colorado right freely engage discussions concerning need change guarded first amendment circulation initiative petition necessity involves expression desire political change discussion merits proposed change although petition circulator may persuade potential signatories particular proposal prevail capture signatures least persuade matter one deserving public scrutiny debate attend consideration whole electorate almost every case involve explanation nature proposal advocates support thus circulation petition involves type interactive communication concerning political change appropriately described core political speech refusal permit appellees pay petition circulators restricts political expression two ways first limits number voices convey appellees message hours speak therefore limits size audience reach second makes less likely appellees garner number signatures necessary place matter ballot thus limiting ability make matter focus statewide discussion colorado recognized prohibition use paid circulators inevitable effect reducing total quantum speech public issue called upon consider constitutionality statute issue another context urevich woodard described burden statute imposes first amendment expression mentioned previously statutes limit power people initiate legislation closely scrutinized narrowly construed statute question acts limitation acorn ability circulate petitions doubted take judicial notice fact often difficult get people work without compensation get work pay dissent state conifer enterprises rosellini dissenting observed securing sufficient signatures place initiative measure ballot small undertaking unless proponents measure find large number volunteers must hire persons solicit signatures abandon project think take judicial notice fact solicitation signatures petitions work much seems young strength ardor stamina engage unless course remuneration appellees remain free employ means disseminate ideas take speech petition circulators outside bounds first amendment protection colorado prohibition paid petition circulators restricts access effective fundamental perhaps economical avenue political discourse direct communication leaves open burdensome avenues communication relieve burden first amendment expression fec massachusetts citizens life cf citizens rent control berkeley first amendment protects appellees right advocate cause also select believe effective means relying posadas de puerto rico associates tourism puerto rico colorado contends power initiative right free impose limitations exercise right reliance misplaced posadas concluded greater power completely ban casino gambling necessarily includes lesser power ban advertising casino gambling appeals quite properly pointed logical flaw colorado attempt draw analogy present case posadas decision posadas suggest power ban casino gambling entirely include power ban public discussion legislative proposals regarding legalization advertising casino gambling thus support position power ban initiatives entirely includes power limit discussion political issues raised initiative petitions appeals observed posadas inapplicable present case fundamental reason speech restricted posadas merely commercial speech propose commercial transaction posadas quoting virginia pharmacy board virginia citizens consumer council contrast speech issue core electoral process first amendment freedoms buckley quoting williams rhodes area public policy protection robust discussion zenith iii persuaded state arguments prohibition justified interest making sure initiative sufficient grass roots support placed ballot interest protecting integrity initiative process appeals correctly held former interest adequately protected requirement initiative proposal may placed ballot unless required number signatures obtained state interest protecting integrity initiative process justify prohibition state failed demonstrate necessary burden appellees ability communicate message order meet concerns attorney general argued petition circulator duty verify authenticity signatures petition compensation might provide circulator temptation disregard duty evidence offered support speculation however prepared assume professional circulator whose qualifications similar future assignments may well depend reputation competence integrity likely accept false signatures volunteer motivated entirely interest proposition placed ballot provisions colorado statute deal expressly potential danger circulators might tempted pad petitions false signatures crime forge signature petition rev stat make false misleading statements relating petition rev stat supp pay someone sign petition rev stat top page petition must bear statement printed red ink warning potential signatories felony forge signature petition sign petition qualified vote admonishing signatories sign petition unless read understand proposed initiative provisions seem adequate task minimizing risk improper conduct circulation petition especially since risk fraud corruption appearance thereof remote petition stage initiative time balloting cf first national bank boston bellotti risk corruption perceived cases involving candidate elections simply present popular vote public issue egislative restrictions advocacy election defeat political candidates wholly odds guarantees first amendment buckley valeo principle applies equally discussion political policy generally advocacy passage defeat legislation colorado statute prohibiting payment petition circulators imposes burden political expression state failed justify appeals correctly held statute violates first fourteenth amendments judgment therefore affirmed ordered footnotes although november election appellees first hoped present proposal citizens colorado long past note action moot neither party suggests action moot rather assert controversy one capable repetition yet evading review may exercise jurisdiction action challenged action duration short fully litigated prior cessation expiration reasonable expectation complaining party subjected action murphy hunt per curiam quoting weinstein bradford per curiam satisfied elements present case colorado grants proponents initiative six months obtain necessary signatures likelihood proponent obtain favorable ruling within time much less act upon ruling time obtain needed signatures slim best initiative sought appellees enacted appellees however continue advocate adoption plan future attempts obtain signatures necessary place issue ballot tr oral arg consequently reasonable expect controversy recur two parties yet evade meaningful judicial review see first national bank boston bellotti moore ogilvie support conclusion prohibition use paid circulators inhibit placement initiative measures general ballot district compared colorado experience initiative process prohibit paid circulators noted since colorado ranked fourth total number initiatives placed ballot statistic however reject possibility even petitions successful paid circulators available narrowly appellees greater success able hire extra help district noted evidence indicates appellees purposes enhanced corps volunteers augmented cadre paid workers appendix record case demonstrates circulation appellees petition involved political speech paul grant one appellees testified nature conversations voters effort get sign petition way go soliciting signatures ask person first interrupt person walk whatever intrude upon ask registered voter get yes tell person purpose circulating petition qualify issue ballot november tell say please let know little bit typically takes maybe minute two process explaining persons trying put initiative ballot exempt colorado transportation state public utilities commission regulations ask person sign petition hesitate try come additional arguments get sign try explain deregulation industry free industry cartelized allowing freedom moral choices price competition first time lowering price costs estimate prices colorado million year monopoly benefits tried convey unfairness injustice existing system businesses denied go business simply protect profits existing companies tried convey unfairness existing system denied individuals right start businesses many cases individuals asked authority turned huge corporate organizations opposed record testimony provides example advocacy political reform falls squarely within protections first amendment recognition solicitation signatures petition involves protected speech follows recognition schaumburg citizens better environment solicitation charitable contributions often involves speech protected first amendment attempt regulate solicitation necessarily infringe speech prior authorities therefore clearly establish charitable appeals funds street door door involve variety speech interests communication information dissemination propagation views ideas advocacy causes within protection first amendment soliciting financial support undoubtedly subject reasonable regulation latter must undertaken due regard reality solicitation characteristically intertwined informative perhaps persuasive speech seeking support particular causes particular views economic political social issues reality without solicitation flow information advocacy likely cease paul grant testified compensation resulted people able willing circulate petitions record succinctly concluded oney either enables people forego leaving job enables job ibid colorado also seems suggest permissible mute voices afford pay petition circulators see brief appellants concept government may restrict speech elements society order enhance relative voice others wholly foreign first amendment buckley valeo concern persons pay petition circulators may succeed getting measures ballot might otherwise failed defeat first amendment rights said first national bank boston bellotti paid advocacy may influence outcome vote purpose fact advocacy may persuade electorate hardly reason suppress concept government may restrict speech elements society order enhance relative voice others wholly foreign first amendment buckley people democracy entrusted responsibility judging evaluating relative merits conflicting arguments cf brown hartlage state fear voters might make choice provide state compelling justification limiting speech section provides part top page every initiative referendum petition shall printed plain red letters smaller impression boldface type following warning felony anyone sign initiative referendum petition name knowingly sign name measure sign petition qualified elector sign petition unless qualified elector qualified elector must least eighteen years age citizen resident state colorado resided state least days resident precinct live least days sign petition unless read read proposed initiative referred measure summary initiated measure entirety understand meaning