doe et al reed washington secretary state et argued april decided june washington constitution allows citizens challenge state laws referendum initiate referendum proponents must file petition secretary state contains valid signatures registered washington voters equal exceeding four percent votes cast office governor last gubernatorial election valid submission requires signature also signer address county registered vote may washington governor christine gregoire signed law senate bill expanded rights responsibilities domestic partners including domestic partners month protect marriage washington one petitioners organized state political committee purpose collecting petition signatures necessary place referendum challenging sb ballot referendum made onto ballot protect marriage washington planned encourage voters reject sb protect marriage washington submitted petition signatures secretary state conducting verification canvassing process required state law secretary determined petition contained sufficient signatures qualify referendum ballot respondent intervenors invoked washington public records act pra obtain copies petition contained signers names addresses petition sponsor certain signers filed complaint motion injunctive relief federal district seeking enjoin public release petition count alleges pra unconstitutional applied referendum petitions count ii alleges pra unconstitutional applied referendum petition reasonable probability signatories subjected threats harassment reprisals determining pra burdened core political speech district held plaintiffs likely succeed merits count granted preliminary injunction preventing release signatory information reviewing count ninth circuit held plaintiffs unlikely succeed claim pra unconstitutional applied referendum petitions general therefore reversed held disclosure referendum petitions general matter violate first amendment pp plaintiffs count claim relief follow injunction barring secretary state releasing referendum petitions public reach beyond particular circumstances plaintiffs must satisfy standards facial challenge extent reach see stevens pp compelled disclosure signatory information referendum petitions subject review first amendment cases individual signature express view law subject petition overturned even signer agnostic merits underlying law signature still expresses political view question considered whole electorate meyer grant either case expression political view implicates first amendment right petition signing remains expressive even legal effect electoral process mean electoral context irrelevant nature first amendment review significant flexibility implementing voting systems extent regulation concerns legal effect particular activity process government afforded substantial latitude enforce regulation also pertinent fact pra prohibition speech disclosure requirement may burden ability speak prevent anyone speaking citizens federal election reviewed first amendment challenges disclosure requirements electoral context exacting scrutiny standard requiring relation disclosure requirement important governmental interest withstand scrutiny strength governmental interest must reflect seriousness actual burden first amendment rights davis federal election pp state interest preserving integrity electoral process suffices defeat argument pra unconstitutional respect referendum petitions general interest particularly strong respect efforts root fraud state interest limited combating fraud extends efforts ferret invalid signatures caused fraud simple mistake duplicate signatures signatures individuals registered vote state state interest also extends generally promoting transparency accountability electoral process plaintiffs contend disclosure sufficiently related interest protecting integrity electoral process withstand first amendment scrutiny argue disclosure necessary secretary state already charged verifying canvassing names petition measure advocates opponents observe process citizen challenge secretary actions criminal penalties reduce danger fraud petition process secretary verification canvassing catch invalid signatures public disclosure help cure inadequacies secretary process disclosure also helps prevent fraud outright forgery bait switch fraud individual signs petition based misrepresentation underlying issue disclosure promotes transparency accountability electoral process extent measures pp plaintiffs main objection strength governmental interest reflect seriousness actual burden first amendment rights davis supra according plaintiffs objective seeking disclosure prevent fraud publicly identify signatories broadcast political views subject petition plaintiffs allege example several groups plan post petitions searchable form internet encourage citizens seek petition signers plaintiffs argue subject threats harassment reprisals problem plaintiffs argument rests almost entirely specific harm attend disclosure information petition question stage litigation whether disclosure referendum petitions general violates first amendment faced state unrebutted arguments modest burdens attend disclosure typical petition plaintiffs broad challenge pra must rejected upholding pra challenge foreclose success plaintiffs narrower challenge count ii pending district see buckley valeo pp affirmed roberts delivered opinion kennedy ginsburg breyer alito sotomayor joined breyer alito filed concurring opinions sotomayor filed concurring opinion stevens ginsburg joined stevens filed opinion concurring part concurring judgment breyer joined scalia filed opinion concurring judgment thomas filed dissenting opinion john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june chief justice roberts delivered opinion state washington allows citizens challenge state laws referendum roughly four percent washington voters must sign petition place referendum ballot petition law must include names addresses signers submitted government verification canvassing ensure lawful signatures counted washington public records act pra authorizes private parties obtain copies government documents state construes pra cover submitted referendum petitions case arises state law extending certain benefits couples corresponding referendum petition put law popular vote respondent intervenors invoked pra obtain copies petition names addresses signers certain petition signers petition sponsor objected arguing public disclosure violate rights first amendment course litigation however framed legal question us broadly issue stage case whether disclosure particular petition violate first amendment whether disclosure referendum petitions general conclude disclosure general matter violate first amendment therefore affirm judgment appeals leave lower courts consider first instance signers focused claim concerning disclosure information particular petition pending district washington constitution reserves people power reject bill limited exceptions relevant referendum process wash art ii initiate referendum proponents must file petition secretary state contains valid signatures registered washington voters equal exceeding four percent votes cast office governor last gubernatorial election valid submission requires signature also signer address county registered vote rev code may washington governor christine gregoire signed law senate bill expand ed rights responsibilities domestic partners including domestic partners month protect marriage washington one petitioners organized state political committee purpose collecting petition signatures necessary place referendum ballot give voters opportunity vote sb app referendum made onto ballot protect marriage washington planned encourage voters reject sb july protect marriage washington submitted secretary state petition containing signatures see brief respondent washington families standing together secretary state began verification canvassing process required washington law ensure legal signatures counted rev code valid signatures required place referendum ballot sam reed washington secretary state certification referendum secretary state determined petition contained sufficient number valid signatures referendum appeared november ballot voters approved sb margin pra rev code et makes public records available public inspection copying act defines ublic record writing containing information relating conduct government performance governmental proprietary function prepared owned used retained state local agency washington takes position referendum petitions public records brief respondent reed august secretary received requests copies petition individual four entities including washington coalition open government wcog washington families standing together wfst two respondents two entities issued joint press release stating intention post names petition signers online searchable format see app referendum petition sponsor certain signers filed complaint motion preliminary injunction district western district washington seeking enjoin secretary state publicly releasing documents reveal names contact information petition signers app count complaint alleges public records act unconstitutional applied referendum petitions count ii complaint alleges public records act unconstitutional applied referendum petition reasonable probability signatories referendum petition subjected threats harassment reprisals determining pra burdened core political speech district held plaintiffs likely succeed merits count granted preliminary injunction count enjoining release information petition supp wd appeals ninth circuit reversed reviewing count complaint appeals held plaintiffs unlikely succeed claim pra unconstitutional applied referendum petitions generally therefore reversed district grant preliminary injunction granted certiorari ii important outset define scope challenge us noted count complaint contends pra violates first amendment applied referendum petitions app count ii asserts pra unconstitutional applied referendum petition district decision based solely count appeals decision reversing district similarly limited neither addressed count ii parties disagree whether count properly viewed facial challenge compare reply brief petitioners count expressly made challenge brief respondent reed facial challenge washington public records act obviously characteristics claim applied sense seek strike pra applications extent covers referendum petitions claim facial limited plaintiffs particular case challenges application law broadly referendum petitions label matters important point plaintiffs claim relief follow injunction barring secretary state making referendum petitions available public app complaint count reach beyond particular circumstances plaintiffs must therefore satisfy standards facial challenge extent reach see stevens slip iii compelled disclosure signatory information referendum petitions subject review first amendment individual expresses view political matter signs petition washington referendum procedure cases individual signature express view law subject petition overturned even signer agnostic merits underlying law signature still expresses political view question considered whole electorate meyer grant either case expression political view implicates first amendment right state cho sen tap energy legitimizing power democratic process must accord participants process first amendment rights attach roles republican party white internal quotation marks ellipsis omitted respondents counter signing petition legally operative legislative act therefore involve significant expressive element brief respondent reed true signing referendum petition may ultimately legal consequence requiring secretary state place referendum ballot see adding legal effect expressive activity somehow deprives activity expressive component taking outside scope first amendment respondents implicitly recognize signature expresses particular viewpoint arguing one purpose served disclosure allow public engage signers debate merits underlying law see brief respondent wcog brief respondent wfst petition signing remains expressive even legal effect electoral process say electoral context irrelevant nature first amendment review allow significant flexibility implementing voting systems see burdick takushi extent regulation concerns legal effect particular activity process government afforded substantial latitude enforce regulation also pertinent analysis fact pra prohibition speech instead disclosure requirement isclosure requirements may burden ability speak prevent anyone speaking citizens federal election slip internal quotation marks omitted series precedents considering first amendment challenges disclosure requirements electoral context precedents reviewed challenges termed exacting scrutiny see buckley valeo per curiam since naacp alabama required subordinating interests state offered justify compelled disclosure survive exacting scrutiny citizens supra slip subjected disclosure requirements quoting buckley supra davis federal election slip governmental interest disclosure survive exacting quoting buckley supra buckley american constitutional law foundation aclf finding disclosure rules fail ed exacting scrutiny internal quotation marks omitted standard requires relation disclosure requirement important governmental interest citizens supra slip quoting buckley supra withstand scrutiny strength governmental interest must reflect seriousness actual burden first amendment rights davis supra slip citing buckley supra respondents assert two interests justify burdens compelled disclosure pra first amendment rights preserving integrity electoral process combating fraud detecting invalid signatures fostering government transparency accountability providing information electorate supports petition see brief respondent reed determine state interest preserving integrity electoral process suffices defeat argument pra unconstitutional respect referendum petitions general need address state informational interest state interest preserving integrity electoral process undoubtedly important allowing ballot initiatives considerable leeway protect integrity reliability initiative process respect election processes generally aclf state interest particularly strong respect efforts root fraud may produce fraudulent outcomes systemic effect well drives honest citizens democratic process breeds distrust government purcell gonzalez per curiam see also crawford marion county election opinion stevens threat fraud context merely hypothetical respondents amici cite number cases fraud across country support point see brief respondent reed brief state ohio et al amici curiae state interest preserving electoral integrity limited combating fraud interest extends efforts ferret invalid signatures caused fraud simple mistake duplicate signatures signatures individuals registered vote state see brief respondent reed interest also extends generally promoting transparency accountability electoral process state argues essential proper functioning democracy plaintiffs contend disclosure requirements pra sufficiently related interest protecting integrity electoral process brief petitioners argue disclosure necessary secretary state already charged verifying canvassing names petition advocates opponents measure observe process citizen challenge secretary actions see rev code also stress existing criminal penalties reduce danger fraud petition process see brief petitioners secretary verification canvassing catch invalid signatures job large difficult secretary ordinarily checks signatures brief respondent wfst secretary make mistakes see brief respondent reed public disclosure help cure inadequacies verification canvassing process disclosure also helps prevent certain types petition fraud otherwise difficult detect outright forgery bait switch fraud individual signs petition based misrepresentation underlying issue see brief respondent wfst cf brief massachusetts gay lesbian political caucus et al amici curiae detailing bait switch fraud petition drive massachusetts signer best position detect types fraud public disclosure bring issue signer attention public disclosure thus helps ensure signatures counted referenda placed ballot garner enough valid signatures public disclosure also promotes transparency accountability electoral process extent measures light foregoing reject plaintiffs argument conclude public disclosure referendum petitions general substantially related important interest preserving integrity electoral plaintiffs significant objection strength governmental interest reflect seriousness actual burden first amendment rights davis slip citing buckley see brief petitioners according plaintiffs objective seeking disclosure petition prevent fraud publicly identify validly signed broadcast signers political views subject petition plaintiffs allege example several groups plan post petitions searchable form internet encourage citizens seek signers see app brief petitioners plaintiffs explain internet petition signers names addresses combined publicly available phone numbers maps effectively become blueprint harassment intimidation support claim subject reprisals plaintiffs cite examples history similar proposition california see experience one petition sponsors case see app related contexts explained resisting disclosure prevail first amendment show reasonable probability compelled disclosure personal information subject threats harassment reprisals either government officials private parties buckley supra see also citizens slip question us however whether pra disclosure violates first amendment respect signed petition particularly controversial petitions question instead whether disclosure general violates first amendment rights sign referendum petitions problem plaintiffs argument rests almost entirely specific harm say attend disclosure information petition similarly controversial ones see brief petitioners typical referendum petitions concern tax policy revenue budget state law issues brief respondent wfst listing referenda see also app stating recent years state received pra requests petitions supporting initiatives concerning limiting motor vehicle charges government regulation private property energy resource use certain electric utilities care services elderly persons disabilities state county city revenue stating past years referendum measures qualified ballot state concerned regulation unemployment insurance charter public schools insurance coverage benefits voters care issues quite deeply reason assume burdens imposed disclosure typical referendum petitions remotely like burdens plaintiffs fear case plaintiffs offered little response provided us scant evidence argument beyond burdens assert disclosure impose petition signers signers similarly controversial petitions indeed little plaintiffs offer respect typical petitions washington hurts helps several petitions state subject release recent years plaintiffs tell us brief petitioners apparently release come without incident cf citizens supra slip citizens disclosing donors years identified instance harassment retaliation faced state unrebutted arguments modest burdens attend disclosure typical petition must reject plaintiffs broad challenge pra note election law disclosure cases upholding law challenge foreclose litigant success narrower one see buckley supra minor parties may exempt disclosure requirements show reasonable probability compelled disclosure party contributors names subject threats harassment reprisals either government officials private parties citizens supra slip disclosure unconstitutional applied organization reasonable probability group members face threats harassment reprisals names disclosed citing mcconnell federal election secretary state acknowledges plaintiffs may press narrower challenge count ii complaint proceedings pending district brief respondent reed conclude disclosure pra violate first amendment respect referendum petitions general therefore affirm judgment appeals ordered john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june justice breyer concurring circumstances law significantly implicates competing constitutionally protected interests complex ways balances interests nixon shrink missouri government pac breyer concurring practice meant asking whether statute burdens one interest manner proportion statute salutary effects upon others ibid read opinions justice stevens see ante opinion post stevens concurring part concurring judgment reasons stated opinions well many reasons discussed justice sotomayor uphold statute challenged case understanding join opinion justice stevens opinion john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june justice alito concurring holds disclosure washington public records act pra rev code et seq names addresses persons sign referendum petitions general matter violate first amendment ante agree conclusion many referendum petitions concern relatively uncontroversial matters see ante plaintiffs provided reason think disclosure signatory information contexts significantly chill willingness voters sign plaintiffs facial challenge therefore must fail see ante nonetheless facially valid disclosure requirements impose heavy burdens first amendment rights individual cases acknowledging reality long held speakers obtain exemptions disclosure requirements show reasonable probability compelled disclosure personal information subject threats harassment reprisals either government officials private parties buckley valeo per curiam see also citizens federal election slip mcconnell federal election brown socialist workers campaign comm ohio compelled disclosure burden ability speak citizens supra slip seriously infringe privacy association belief guaranteed first amendment buckley supra exemption plays critical role safeguarding first amendment rights possibility prevailing challenge provides adequate protection first amendment rights speakers obtain exemption sufficiently far advance avoid chilling protected speech showing necessary obtain exemption overly burdensome respect first requirement exemption becomes practically worthless speakers obtain exemption quickly well advance speaking avoid possibility disclosure requirement might chill willingness voters sign referendum petition thus burden circulator ability collect necessary number signatures cf meyer grant voters must assurance time presented petition names identifying information released public way circulator provide assurance however circulator sought obtained exemption disclosure requirement well circulating petition otherwise best circulator tell voters exemption might obtained point future speculation often insufficient alleviate voters concerns possibility subjected threats harassment reprisals cf citizens supra slip thomas concurring part dissenting part additionally speakers must able obtain exemption without clearing high evidentiary hurdle acknowledged much buckley noted unduly strict requirements proof impose heavy burden speech recognizing speakers must allowed sufficient flexibility proof injury assure fair consideration claim emphasized speakers need show reasonable probability disclosure lead threats harassment reprisals ibid emphasis added stated speakers rely wide array evidence meet standard including specific evidence past present harassment group members harassment directed organization pattern threats specific manifestations public hostility ibid significantly also made clear ew groups history upon draw may able offer evidence reprisals threats directed individuals organizations holding similar views ibid inception therefore exemption imposed onerous burdens proof speakers fear disclosure might lead harassment intimidation ii light principles plaintiffs case strong argument pra violates first amendment applied referendum petition consider first burdens plaintiffs first amendment rights widespread harassment intimidation suffered supporters california proposition provides strong support exemption present case see buckley supra explaining speakers seeking relief disclosure requirement rely evidence reprisals threats directed individuals organizations holding similar views proposition amended california constitution provide nly marriage man woman valid recognized california cal art plaintiffs submitted district substantial evidence harassment suffered proposition supporters see declaration scott bieniek wd exhs members also noted harassment see hollingsworth perry per curiam slip citizens slip opinion thomas indeed evidence relating proposition sufficient obtain exemption case one may wonder whether vehicle provides meaningful protection first amendment rights persons circulate sign referendum initiative petitions plaintiffs return district opportunity develop evidence intimidation harassment referendum supporters opportunity pretermitted district decision grant preliminary injunction count plaintiffs complaint see supp wd tr oral arg example plaintiffs allege campaign manager one plaintiff groups received threatening phone calls threats severe manager filed complaint local sheriff children sleep interior room home app inadequacy state interests compelling public disclosure referendum signatory information confirms courts generous granting relief context see buckley supra recognizing weakness state interests individual case require exempting speakers compelled disclosure brown notes respondents rely two interests justify compelled disclosure context providing information voters supports referendum petition preserving integrity referendum process detecting fraudulent mistaken signatures ante view respondents asserted informational interest case sufficient trump first amendment rights signers circulators face threat harassment respondents maintain publicly disclosing names addresses referendum signatories provides voting public insight whether support holding vote comes predominantly particular interest groups political religious organizations group citizens thus allows voters draw inferences whether support oppose referendum brief respondent washington families standing together see also brief respondent reed additionally respondents argue disclosure allows washington voters engage discussion referred measures persons whose acts secured election suspension state law see also brief respondent washington families standing together implications accepting argument breathtaking accept respondents asserted informational interest state free require petition signers disclose kinds demographic information including signer race religion political affiliation sexual orientation ethnic background memberships requiring disclosures however runs headfirst half century case law firmly establishes individuals right privacy belief association see rumsfeld forum academic institutional rights brown supra buckley degregory attorney general gibson florida legislative investigation naacp alabama ex rel patterson indeed state informational interest paints chilling picture role government lives oral argument washington attorney general balked confronted logical implications accepting argument conceding state require petition signers disclose religion ethnicity tr oral arg respondents informational interest legitimate viewed means providing public information needed locate contact supporters referendum name pursuing interest state free require petition signers disclose information easily enable members voting public contact engage discussion including telephone numbers addresses internet aliases permitting government require speakers disclose information runs current associational privacy cases important speakers faced reasonable probability harassment intimidation state longer interest enabling public locate contact supporters particular measure instance disclosure becomes means facilitating harassment impermissibly chills exercise first amendment rights case two groups proposed place internet names addresses signed referendum alleged express aim encourage uncomfortable conversation supp internal quotation marks omitted information posted internet anyone access computer compile wealth information persons including many cases following names spouses neighbors telephone numbers directions homes pictures homes information homes size type construction purchase price mortgage amount information motor vehicles case parties information posted social networking site newspaper articles names appeared including things wedding announcements obituaries articles local papers children school athletic activities potential information used harassment vast respondents also maintain state interest preserving integrity referendum process public disclosure furthers interest helping state detect fraudulent mistaken signatures agree preserving integrity referendum process constitutes sufficiently important state interest ante harbor serious doubts whether public disclosure signatory information serves interest way always reflect seriousness actual burden first amendment rights davis federal election slip first realities washington law undermine state argument public disclosure necessary ensure integrity referendum process state washington first authorized voter initiatives via constitutional amendment following year washington legislature passed statute specifying particulars referendum process see state ex rel case superior thurston significantly washington laws pertaining initiatives referenda authorize public disclosure signatory information see rev code et seq laws pp instead public disclosure requirement stems pra enacted requires public disclosure state documents generally referendum documents specifically see rev code et seq indeed anything washington referenda initiative laws suggest signatory information remain confidential outside observers permitted observe secretary state verification canvassing process long make record names addresses information petitions related records verification process state required destroy petitions fail qualify ballot second state fails come grips fact public disclosure referendum signatory information relatively recent practice washington prior adoption pra washington attorney general took view referendum petitions subject public disclosure see op atty pp may online http internet materials visited june available clerk case file declaring public disclosure initiative petitions contrary public policy run contrary tendency part legislature regard signing initiative petition matter concerning individual signers except far necessary safeguard abuses privilege indeed secretary state represents web site even pra enacted various secretary state administrations took position personal information petition sheets subject disclosure zylstra disclosure history petition sheets online http although secretary state apparently changed policy late appears secretary release initiative petitions ibid date secretary released handful petitions ibid app history substantially undermines state assertion public disclosure necessary ensure integrity referendum process nearly century washington referendum process operated apparently operated successfully without public disclosure signatory information state failed explain circumstances changed dramatically recent years public disclosure required third experiences demonstrates publicly disclosing names identifying information referendum signatories necessary protect fraud mistake give one example california initiatives ballot state save oregon see initiative referendum institute initiative use online http nonetheless california law explicitly protects privacy initiative referendum signatories see cal elec code ann west cal govt code ann west thus entirely possible state keep signatory information private maintain referendum initiative process free fraud finally washington easily cheaply employ alternative mechanisms protecting fraud mistake far protective circulators signers first amendment rights example washington attorney general represented us oral argument secretary state first step receiving submitted petitions take archiving section digitized tr oral arg digitized list relatively easy secretary check duplicate signatures referendum petition given secretary maintains centralized uniform interactive computerized statewide voter registration list contains name registration information every registered voter state rev code ann west supp secretary use computer program names addresses petition names addresses voter registration roles thus ensuring accuracy legitimacy signature additionally using digitized version referendum petition state set simple system washington citizens check whether names fraudulently signed petition example web site secretary maintains interface allows voters confirm voter registration information simply inputting name date birth see http presumably secretary set similar interface referendum petitions indeed process seem simple given washington requires unique identifier assigned registered voter state challenges disclosure requirements play critical role protecting first amendment freedoms give speech breathing room needs flourish prompt judicial remedies must available well relevant speech occurs burden proof must low case analogy experiences plaintiffs strong case entitled relief able pursue relief district john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june justice sotomayor justice stevens justice ginsburg join concurring write separately emphasize point implicit opinion concurring opinions justice stevens justice scalia justice breyer assessing countervailing interests stake case must mindful character initiatives referenda mechanisms direct democracy compelled federal constitution instead people state acting sovereign capacity decide whether permit legislation popular action enjoy considerable leeway choose subjects eligible placement ballot specify requirements obtaining ballot access number signatures required time submission method verification buckley american constitutional law foundation properly recognizes structural decisions inevitably affects least degree individual right speak political issues associate others political ends anderson celebrezze instance requiring petition signers registered voters use real names doubt limits ability willingness individuals undertake expressive act signing petition regulations nature however stand step removed communicative aspect petitioning ability impose scarcely doubted buckley concurring judgment part dissenting part see also mcintyre ohio elections contrasting measures control mechanics electoral process regulation pure speech means necessary state prove reasonable nondiscriminatory restrictions narrowly tailored interests anderson today confirms state washington decision make referendum petition signatures available public inspection falls squarely within realm permissible regulations cf buckley describing state law requiring petition circulators submit affidavits containing names addresses exemplif ying type regulation may adopt public disclosure identity petition signers rule overwhelming majority use initiatives referenda advances vital interests reserving integrity electoral process preventing corruption sustaining active alert responsibility individual citizen democracy wise conduct government first nat bank boston bellotti internal quotation marks alterations omitted see also citizens federal election slip ransparency enables electorate make informed decisions give proper weight different speakers messages brief respondent washington families standing together reporting one state exempts initiative referendum petitions public disclosure society citizenry final judge proper conduct public business openness democratic process critical importance cox broadcasting cohn see also post scalia concurring judgment noting public nature federal lawmaking constitutionally required side ledger view burden public disclosure speech associational rights minimal context observed respect regulations disclosure requirements prevent anyone speaking citizens slip comes initiatives referenda impact public disclosure expressive interests even attenuated disclosure injects government otherwise private political activity process legislating referendum inherently public qualify referendum ballot citizens required sign petition supply identifying information state act signing typically occurs public circulators collect submit signatures ordinarily owe signers guarantee confidentiality persons civic courage participate process post opinion scalia state decision make accessible voluntarily place public sphere deter engaging expressive act petition signing disclosure identity petition signers moreover way directly impairs ability anyone speak associate political ends either publicly privately given relative weight interests stake traditionally public nature initiative referendum processes rightly rejects petitioners constitutional challenge state washington petition disclosure regulations considerations also mean party attempting challenge particular applications state regulations bear heavy burden even referendum involves particularly controversial subject petition signers fear harassment nonstate actors state important interests protect ing integrity reliability initiative process remain undiminished state retains significant discretion advancing interests buckley likewise expressive interests implicated act petition signing always modest find difficult see incremental disincentive sign petition tip constitutional balance relief may available state selectively applies facially neutral petition disclosure rule manner discriminates based content referenda viewpoint petition signers rare circumstance disclosure poses reasonable probability serious widespread harassment state unwilling unable control cf naacp alabama ex rel patterson allowing invalidation forgiving standard unduly diminish substantial breathing room afforded adopt implement reasonable nondiscriminatory measures like disclosure requirement issue accordingly courts presented challenge regulation authorizing disclosure referendum petitions deeply skeptical assertion constitution embraces political transparency compels conceal identity persons seek participate lawmaking referendum process understanding join opinion john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june justice stevens justice breyer joins concurring part concurring judgment hard case restriction voting speech involve classic disclosure requirement rather case concerns neutral nondiscriminatory policy disclosing information already state possession alleged might one day indirectly burden petition signatories burden imposed washington application public records act pra referendum petitions vast majority applications substantial state given adequate justification choice number reasons application pra referendum petitions substantially burden individual expression first regulation pure speech mcintyre ohio elections cf prohibit expression require person signing petition disclose say anything see mcintyre state disclosure alter content speaker message see second effect speech disclosure might minimal pra necessarily make difficult circulate obtain signatures petition see buckley american constitutional law foundation meyer grant communicate one views generally regardless whether someone signs referendum petition person remains free say anything anyone time disclosure indirectly burdens speaker amount speech covered small single narrow message conveying one fact one place watchtower bible tract soc village stratton cf cox new hampshire democratic act casting ballot signing petition serve expressive purpose act involve interactive communication meyer principally method individual expression political sentiment timmons twin cities area new party stevens dissenting cf weighed possible burden constitutional rights state justifications rule case state posited perfectly adequate justification interest deterring detecting petition given pedigree interest similar regulations state need produce concrete evidence pra best way prevent fraud see crawford marion county election opinion stevens discussing voting fraud nixon shrink missouri government pac quantum empirical evidence needed satisfy heightened judicial scrutiny legislative judgments vary novelty plausibility justification raised see also timmons stevens dissenting rejecting imaginative theoretical justification supported bare assertion enough evidence support state justification see ante opinion remains issue petitioners challenge matter law correct keep open possibility particular instances policy pra burdens expression public enmity attending publicity brown socialist workers campaign comm ohio speakers may winning constitutional rom time time throughout history persecuted groups able criticize oppressive practices laws either anonymously mcintyre view unlikely occur cases involving pra burden speech petitioners posit speculative well indirect challenge law pra succeed significant threat harassment directed sign petition mitigated law enforcement moreover character law challenged referendum affect analysis debates tax policy regulation private property become heated debates domestic partnerships general matter difficult show later disclosing names petition signatories individuals less willing sign petitions past demand strong evidence concluding indirect speculative chain events imposes substantial burden statute upset upon hypothetical unreal possibilities good upon facts pullman knott accordingly concur opinion extent inconsistent concur judgment john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june justice scalia concurring judgment plaintiffs claim first amendment applied fourteenth amendment forbids state washington release public signed referendum petitions submitted state order suspend operation law put popular vote doubt whether signing petition effect suspending law fits within freedom speech even concludes ante long history practice shows first amendment prohibit public disclosure repeat extend mistake mcintyre ohio elections neither textual support precedents requiring result invalidated form election regulation widely used since end century scalia dissenting held ohio statute prohibiting distribution anonymous campaign literature violated first fourteenth amendments mcintyre sought general right speak anonymously referendum plaintiffs go one step seek general right participate anonymously referendum referendum petitions subject public disclosure public records act pra rev code et requires government agencies make available public inspection copying public records subject certain exemptions relevant plaintiffs contend disclosure names personal information included petitions took legislative action violates first amendment right anonymity today opinion acknowledges right finding denied state interest preserving integrity electoral process ante view matter judicial nation longstanding traditions legislating voting public refute claim first amendment accords right anonymity performance act governmental effect governmental practice become general throughout particularly one validation long accepted usage bears strong presumption constitutionality mcintyre supra scalia dissenting washington voter signs referendum petition subject pra acting legislator washington constitution vests legislative authority state legislature people reserve power approve reject polls act item section part bill act law passed legislature art referendum power popular legislation exercised submitting petition accordance certain specifications washington secretary state valid signatures registered voters number equal exceeding four percent votes cast last gubernatorial election rev code filing referendum petition satisfies requirements two legal effects requires secretary place measure referred people ballot next general election suspends operation measure causing effect days approved election art see brief respondent sam reed secretary state washington voter signs referendum petition therefore exercising legislative power signature somewhat like vote bill legislature seeks affect legal force measure plaintiffs point precedent holding legislating protected first identify historical evidence demonstrating freedom speech first amendment codified encompassed right legislate without public disclosure come surprise exercise lawmaking power traditionally public public nature federal lawmaking constitutionally required article cl requires congress legislate public house shall keep journal proceedings time time publish excepting parts may judgment require secrecy yeas nays members either house question shall desire one fifth present entered journal state constitutions enacted around time founding similar provisions see ky art ga art desirability public accountability obvious votes representatives senators congress man yet bold enough vindicate secret ballot vote either safe wise promotive independence members beneficial constituents story commentaries constitution ed moreover even people asked congress legislative changes exercising constitutional right petition government redress grievances amdt publicly petition read aloud congress mazzone freedom associations rev petitioner name large groups involved request action congress taken petition consistently recorded house senate journals see journal senate june journal house representatives even people exercised legislative power directly anonymously openly town hall meetings see generally zimmerman new england town meeting petitioning government participating traditional town meeting precursors modern initiative referendum innovations modeled similar devices used swiss democracy first used south dakota see piott giving voters voice influential advocate initiative referendum analogized swiss practice town meeting required open conduct political affairs free expression opinions discussing sullivan direct legislation citizenship initiative referendum plaintiffs argument implies public nature practices longstanding unquestioned violated freedom speech historical support claim legislating governmental act public america voting public began adopt australian secret ballot see burson freeman plurality opinion acknowledged existence first amendment interest voting see burdick takushi never said includes right vote anonymously history voting completely undermines claim initially colonies mostly continued english traditions voting show hands voice viva voce voting burson supra evans history australian ballot system evans one scholar described viva voce system follows election judges magistrates sat upon bench clerks practicable customary candidates present person occupy seat side judges voter appeared name called loud voice judges inquired john jones smith vote governor whatever office filled replied proclaiming name favorite clerks enrolled vote judges announced enrolled representative candidate voted arose bowed thanked aloud partisans often applauded quoting wise end era see also dinkin study elections original thirteen dinkin although variation election official ordinarily compile poll name residence voter name candidate voted see bishop history elections american colonies bishop argersinger structure process party essays american political history argersinger prevent fraud colonies rhode island new york new jersey adopted english rule copies poll must delivered demand persons willing pay reasonable charge labor writing bishop colonies allowed candidates demand copy poll required legislature examine poll contested election thus case government publicly collected identifying information voted candidate also disclosed information public suggestion viva voce voting infringed accepted understanding freedom speech first amendment text refers refuted fact several state constitutions required authorized viva voce voting also explicitly guaranteed freedom speech see ky art art vi ill art viii art surely one constitutional provision render invalid course practice viva voce voting gradually replaced paper ballot thought reduce fraud undue influence see evans dinkin indication shift resulted sudden realization public voting infringed voters freedom speech manner occurred suggests contrary adopted paper ballot different times changed methods multiple times new york constitution example explicitly provided state switch methods art vi kentucky constitution required paper ballots art iii constitution required viva voce voting art vi different voting methods simply reflected different views democracy function one scholar described virginia kentucky steadfast use viva voce voting civil war follows appeal unflinching manliness polls two insisted still every voter show hustings courage personal conviction schouler evolution american voter american historical review see also virginia close affiliation oral expression vaunted privilege voter show faith outspoken announcement candidate new paper ballots make voting anonymous see evans ballot secret argersinger certainly legal provisions ensure secrecy initially many regulate form paper ballot see evans argersinger taking advantage political parties began printing ballots candidates names used brightly colored paper distinctive markings ballots recognized distance making votes public see burson supra evans abuse unofficial paper ballots rampant polling place become open auction place votes freely bought coerced burson supra employers threatened employees party workers kept voters party away ballot box ballot peddlers paid voters watched place ballot box see fredman australian ballot story american reform argersinger thus although state courts said voting ballot meant secret public act viva voce voting although state constitutional requirements ballot voting held guarantee ballot secrecy thus prohibiting numbering ballots voter identification purposes see williams stein ind brisbin cleary general voting ballot means secret important present purposes aware assertion ballot secrecy relied federal state constitutional guarantees freedom speech precisely discontent nonsecret nature ballot voting abuses produced led adoption australian secret ballot new york massachusetts began movement almost percent followed suit burson aware contention australian system required first amendment state counterparts utterly implausible since inhabitants colonies found public voting entirely compatible freedom speech several centuries long history public legislating voting contradicts plaintiffs claim disclosure petition signatures legislative effect violates first amendment said mcintyre meaning constitutional text freedom speech unclear widespread practices american people best indication fundamental beliefs intended enshrine dissenting opinion practice prohibiting anonymous electioneering sufficient reject first amendment claim anonymity mcintyre practices public legislating voting sufficient reject plaintiffs claim plaintiffs raise concerns disclosure petition signatures may lead threats intimidation course nothing prevents people washington keeping petition signatures secret avoid nothing prevented moving secret ballot constitutional basis impose course upon insist today opinion avoided demonstration sufficiently important governmental interest ante internal quotation marks omitted may even bad idea keep petition signatures secret laws threats intimidation harsh criticism short unlawful action price people traditionally willing pay requiring people stand public political acts fosters civic courage without democracy doomed part look forward society thanks campaigns anonymously mcintyre even exercises direct democracy initiative referendum hidden public scrutiny protected accountability criticism resemble home brave john doe et petitioners sam reed washington secretary state et al writ certiorari appeals ninth circuit june justice thomas dissenting onfidence integrity electoral processes essential functioning participatory democracy purcell gonzalez per curiam citizen participation processes necessarily entails political speech association first amendment view compelled disclosure signed referendum initiative washington public records act pra rev code et seq severely burdens rights chills citizen participation referendum process given burdens hold washington decision subject referendum petitions public disclosure unconstitutional always less restrictive means washington vindicate stated interest preserving integrity referendum process respectfully dissent case concerns interaction two distinct sets washington statutes first set codified washington election code regulates referendum initiative process statutes require among things referendum signers write names addresses petition sheets mandate information disclosed washington secretary state canvassing verification see petitioners contend requirements violate first amendment rights argue constitution allows support referendum measure without disclosing names state second set statutes pra referendum election regulation rather pra requires disclosure nonexempt public records upon request person see washington concluded signed referendum petitions public records subject disclosure pra routinely disclosed petitions response public records requests brief respondent reed petitioners challenge constitutionality pra generally contend washington violates first amendment rights construing pra apply signed referendum petitions see brief petitioners notes parties dispute whether challenge best conceived facial challenge challenge see ante view correctly concludes petitioners must satisfy standards facial challenge claim relief seek reach beyond particular circumstances ibid typically disfavor facial challenges see washington state grange washington state republican party often rest speculation lead courts unnecessarily anticipate constitutional questions formulate broad constitutional rules may prevent governmental officers implementing laws manner consistent constitution reasons rejected washington state grange political parties facial challenge washington initiative allowed candidates primary election political party preference primary election ballot see challenge one washington opportunity implement initiative political parties arguments violated association rights depended possibility voters confused meaning designation moreover facial challenge inappropriate regulation face impose severe burden political parties associational rights considerations point opposite direction washington construction pra face impose severe burden compelled disclosure privacy political association protected first amendment see infra referendum signers washington several opportunit ies implement pra disclosure requirements respect initiative petitions washington state grange supra indeed washington admits petitions initiatives referendum recall candidate nomination public records subject disclosure brief respondent reed see also app listing six completed requests disclosure signed initiative petitions since washington thus eliminated possibility referendum petition signers confused state respond request pra disclose names addresses washington state grange accordingly consider petitioners facial challenge purposes case assume prevail petitioners must satisfy rigorous standard show set circumstances pra constitutionally applied referendum initiative petition pra unconstitutional applications quoting salerno ii correctly concludes individual expresses political view signing referendum petition ante also rightly rejects baseless argument expressive activity falls outside scope first amendment merely legal effect electoral process ante yet acknowledge full constitutional implications conclusions expressive political activity signing referendum petition paradigmatic example practice persons sharing common views banding together achieve common end citizens rent fair housing berkeley referendum supported one person signature nullity never placed ballot doe petitioners recognized much washingtonians see ante joined petitioner protect marriage washington state political action committee organized effect protect marriage washington major purpose collecting enough valid signatures place referendum general election ballot app pet cert reasons signing referendum petition amounts protected first amendment citizens rent control supra quoting buckley valeo per curiam long recognized vital relationship political association privacy one associations naacp alabama ex rel patterson held constitution protects compelled disclosure political associations beliefs brown socialist workers campaign comm ohio constitutional protection yield subordinating interest state compelling substantial relation information sought overriding compelling state interest internal quotation marks citations brackets omitted thus unlike read precedents require application strict scrutiny laws compel disclosure protected first amendment association buckley american constitutional law foundation aclf thomas concurring judgment standard disclosure requirement passes constitutional muster narrowly tailored least restrictive means serve compelling state interest see washington application pra referendum petition survive strict scrutiny washington first contends compelling interest transparency accountability claims encompasses several subordinate interests preserving integrity election process preventing corruption deterring fraud correcting mistakes secretary state petition signers see brief respondent reed true state substantial interest regulating referendum initiative processes protect ir integrity reliability aclf washington points precedent recognizing correcting errors distinct compelling interest support disclosure regulations cases strongly suggest preventing corruption deterring fraud bear less weight particular electoral context stage referendum initiative drive twice observed risk fraud corruption appearance thereof remote petition stage initiative time balloting quoting meyer grant similarly eferenda held issues candidates public office risk corruption perceived cases involving candidate elections simply present popular vote public issue first nat bank boston bellotti citations omitted abandon principles merely washington amici point mere eight instances fraud see brief respondent reed brief state ohio et al amici curiae among initiative measures placed state ballots country see initiative referendum institute initiative use online http iri visited june available clerk case file anything meager figures reinforce conclusion risks fraud corruption initiative referendum process remote thereby undermine washington claim two interests considered compelling purposes strict scrutiny thus persuaded washington interest protecting integrity reliability referendum process state defined interest compelling need answer question even assuming interest compelling disclosure referendum petition person pra blunderbuss approach furthering interest colorado republican federal campaign comm federal election thomas concurring judgment dissenting part internal quotation marks omitted least restrictive means events prompted petitioners complaint case demonstrate much washington explained oral argument secretary state receives signed referendum petitions first step take archiving section digitized soon digitized available disks anyone requests pra tr oral arg case two organizations announced intention obtain digitized names addresses referendum signers post online searchable format ante apparent reason washington must broadly disclose referendum signers names addresses manner vindicate interest invokes washington possession information referendum regulations petitioners challenge see supra put names addresses referendum signers similar electronic database state employees search without subjecting name address signer wholesale public disclosure secretary electronically referendum database statewide voter registration list contained washington statewide voter registration database ensure referendum signer meets washington residency voter registration requirements see presumably drastically reduce eliminate possible errors mistakes washington argues secretary might make see brief respondent reed since allow secretary verify virtually signatures instead mere ordinarily checks ante internal quotation marks omitted electronic referendum database also enable secretary determine whether multiple entries correspond single registered voter thereby detecting whether voter signed petition addition database protect victims forgery switch fraud ibid washington unique identifier assigned legally registered voter state washington create web site linked electronic referendum database voter concerned name fraudulently signed conduct search using unique identifier ensure name absent database without requiring disclosure names addresses voluntary legitimate signers washington admits creating sort electronic referendum database done tr oral arg implementing system place heavy burden washington secretary state staff already uses electronic voter registration database verification process washington nevertheless contends citizens must access public records independently evaluate whether secretary properly determined certify certify referendum ballot brief respondent reed ithout access signed petitions pra provides washington argues citizens fulfill role final judge public business ibid internal quotation marks omitted washington election code already gives washington voters access referendum petition data verification canvass signatures referendum petition may observed persons representing advocates opponents proposed measure long make record names addresses information petitions related records except upon order side entitled least two observers although secretary may increase number opinion cause undue delay disruption verification process ibid washington explain existing access petitioners challenge insufficient permit citizens oversee verification process decide intelligently whether pursue challenge moreover washington implemented narrowly tailored electronic referendum database discussed observers see secretary state employees examine data using exactly techniques use data released pra obtaining digitized list navigate computer allow observer learn additional information washington law also contains several measures preserve integrity referendum process first crime washington forge signature referendum petition knowingly sign one see second referendum supporters must gather large number valid signatures four percent votes cast governor immediately preceding gubernatorial election place referendum petition ballot third washington required referendum petition form limits petition single subject see fourth large warning must appear top referendum petition alerting signers law requirements see fifth washington prescribes text declaration circulator must submit along signed petition sheets see sixth washington prescribes verification canvassing methods see dismissive treatment provisions see ante perplexing given analysis endorsed aclf held two disclosure requirements governing colorado initiative process unconstitutional see specifically finding warranted state interests administrative efficiency fraud detection informing voters alleged justify emphasizing judgment wa informed means colorado employs accomplish regulatory purposes entire last section opinion detailed less problematic measures colorado id meet substantial interests regulating process emphasis added one exception law deeming initiative void circulator violated law applicable circulation process colorado laws correspond exactly washington regulatory requirements listed see including observer provision provision permitting review secretary decision certify certify referendum petition washington thus appears provide even less problematic measures colorado protect integrity initiative process aclf supra see reason washington identical provisions inform analysis readily apparent washington vindicate stated interest transparency accountability number narrowly tailored means wholesale public disclosure accordingly interest justify applying pra referendum petition washington also contends compelling interest providing relevant information washington voters disclosure public narrowly tailored means furthering interest brief respondent reed argument easily dispatched since already rejected similar context mcintyre ohio elections held ohio law prohibiting anonymous political pamphleting violated first amendment one interests ohio invoked justify law identical washington interest providing electorate relevant information called interest plainly insufficient support constitutionality ohio disclosure requirement simple interest providing voters additional relevant information justify state requirement writer make statements disclosures otherwise omit underestimate common man advised internal quotation marks omitted people intelligent enough evaluate source anonymous writing see anonymous know anonymous evaluate anonymity along message done decide valuable truth ibid internal quotation marks omitted see also bellotti inherent worth speech terms capacity informing public depend upon identity source observation applies equally referendum measures people intelligent enough evaluate merits referendum without knowing supported thus informational interest justify ohio law mcintyre justify applying pra referendum petitions foregoing analysis applies every case involving disclosure referendum measure supporters must petitioners facial challenge succeed see washington state grange quoting salerno washington argue strength transparency accountability interest rises falls based topic referendum argument convincing basis assume washington interest maintaining integrity referendum process high referendum low unemployment insurance referendum library referendum likely target fraud corruption referendum insurance coverage benefits see ante strength washington interest remains constant across types referendum measures strength signer first amendment interest first amendment rights issue associational rights long unbroken line precedents holds privacy association protected first amendment see supra loss associational privacy comes disclosing referendum petitions general public pra constitutes harm signer referendum regardless topic sure referendum signer may willing disclose general public political association persons signing certain referendum measures association others choice belongs voter state may make ascribing lower level first amendment protection associational interest think voter may willing disclose cf rosenberger rector visitors univ realm private speech expression government regulation may favor one speaker another finally less restrictive means available vindicate washington transparency accountability interest employed referendum measures regardless topic nothing electronic database additional observers forgery prohibition existing requirements washington law help protect integrity initiative process aclf apply equally referendum measures strength washington interest transparency signer individual first amendment interest privacy political association remain constant across referendum topics less restrictive means protect integrity referendum process topic specific hold public disclosure referendum petitions pra narrowly tailored referendum iii significant practical problems result requiring challenges protect referendum signers constitutional rights approach require substantial litigation extended time potential signer referendum learn whether signs referendum associational privacy right remain intact citizens federal election slip tenacious litigant reward trying protect first amendment rights interpretive process create inevitable pervasive serious risk chilling protected speech pending drawing fine distinctions end questionable slip large number fine questionable distinctions types cases reinforces view challenges provide hollow assurance referendum signers first amendment rights protected slip thomas concurring part dissenting part consider examples washington referendum sponsor must file proposed referendum secretary state collecting signatures see may sponsor seek injunction disclosure challenge filing proposed measure simultaneously filing started sponsor able present evidence specific signers potential signers particular referendum showing reasonable probability compelled disclosure personal information subject threats harassment reprisals either government officials private parties ante internal quotation marks omitted thus succeed stage litigation plaintiffs must point least one instance harassment arising similar referendum never held evidence acceptable necessarily means signers point suffered actual threats harassment reprisals engaging protected first amendment activity sponsor must wait least started referendum file challenge still unclear sort evidence threats harassment reprisals directed toward supporters satisfy standard many instances threats harassment reprisals must signer endure may grant relief challenge dispersed throughout group necessary signers see ante must threats importantly standard appear require actual threats harassment reprisals merely disclosure signers names addresses lead activity ante emphasis added sort evidence suffices satisfy apparently relaxed though perhaps elusive standard one instance actual harassment directed toward one signer mean reasonable probability requirement met widespread must reasonable probability answer questions leaving vacuum filled basis doubt result drawing arbitrary questionable fine distinctions even district circuit judge citizens slip addition previously explained state technology today creates least probability signers every referendum subjected threats harassment reprisals personal information advent internet enables rapid dissemination information needed threaten harass every referendum signer slip opinion thomas thus permits citizens react speech political opponents proper undeniably improper long plaintiff prevail challenge ibid apparently disagrees asserting reason assume burdens imposed disclosure typical referendum petitions remotely like burdens plaintiffs fear case ante conclusion rests premise referendum measures benign fact public chill protected first amendment activity convinced premise correct historical evidence shows referendum initiative process first gained popularity means provid ing occasional safety valve interests failed get fair hearing legislatures cronin direct democracy politics initiative referendum recall unsurprisingly interests tended controversial nature early examples include single tax prohibition women suffrage prolabor legislation graduated income tax proponents initiative measures tended include politically marginalized groups farmer alliance rural housands labor federations notably miners women suffrage association saw initiative referendum possible new means overcome repeated failed attempts state legislatures secure women right vote characteristics initiative referendum drives persist today consider example goal increasing ethics government seemingly laudable unobjectionable goal thought citizens utah frustrated state legislature failure pass ethics laws commensurate preferences filed initiative target ing legislative conduct broad array reforms significantly change business gets done utah capitol hill mckitrick suit demands secrecy ethics petition signers salt lake tribune apr hereinafter salt lake tribune utah law provides nitiative packets contain names addresses cases birthdates petition signers public delivered county clerks verification canvassing utah code ann lexis supp pamphlet attorneys sponsoring initiative moved injunction prevent disclosure initiative packets claimed state republican party said target folks salt lake tribune according attorneys facially benign initiative may well result political retribution retaliation state republicans currently hold offices governor lieutenant governor attorney general state treasurer state auditor supermajority utah house representatives utah senate see state yellow book executive legislative branches state governments spring well four five seats state delegation congress see gpo official congressional directory pp difficulty predicting referendum measures prove controversial combined washington default position signed referendum petitions disclosed thereby allowing anyone place information internet broad dissemination raises significant probability today decision inhibit exercise legitimate first amendment activity respect referendum initiative petitions colorado republican thomas concurring judgment dissenting part isclosure requirements enable private citizens elected officials implement political strategies specifically calculated curtail activity prevent lawful peaceful exercise first amendment rights citizens slip thomas concurring part dissenting part cases long recognized reality recently reiterated first amendment require determinations archetypical first amendment rights chilled meantime slip chill protected first amendment activity harms others besides dissuaded signer already expressed deep skepticism restrictions mak less likely referendum garner number signatures necessary place matter ballot thus limiting ability make matter focus statewide discussion meyer restrictions inevitabl reduc total quantum speech public issue ibid public pra supposed serve thus harmed way washington implements statute petitioners argue constitution gives supporters referendum petitions right act without anyone knowing identities thus washington requirements referendum supporters sign names addresses referendum petition information disclosed state canvassing verification see rev code issue petitioners contend washington citizens may never obtain access referendum data thus washington rules allowing access least two representative observers side see authorizing courts review secretary state verification canvassing decision observers dissatisfied secretary decision see also question asked assess constitutionality pra regard referendum petitions question us whether signers referendum petitions must resort substantial litigation extended time citizens supra slip prevent washington trenching protected first amendment rights subjecting signatures public disclosure view need footnotes justice scalia doubts whether petition signing entitled first amendment protection post opinion concurring judgment skepticism based view petition signing legal effects legislative process aspects political participation respect held first amendment interest see supra see post line sharp justice scalia recognizes existence first amendment interest voting post course also legal effect distinction becomes even fuzzier given petition signing legal effect legal effect attaches well expressive act signing secretary determines petition satisfies requirements inclusion ballot see post petitions qualify ballot course carry legal effect justice thomas contrary assessment relationship disclosure referendum petitions generally state interests case based determination strict scrutiny applies post dissenting opinion rather standard review concluded appropriate see supra footnotes although petition classic means political expression type petition issue case merely document people expressing views rather forum particular function sorting issues enough public support warrant limited space referendum ballot cf widmar vincent stevens concurring judgment washington also points disclosure policy informs voters supports particular referendum certain contexts informational rationale among others may provide basis regulation case need look beyond state quite obvious antifraud interest reason think ordinary presumption political branches better suited courts weigh policy benefits burdens inapplicable case degree defer judgment political branches must vary degree judgment reflects considered decisionmaking thus law appears adopted without reasoned consideration see salazar buono stevens dissenting slip discriminatory purposes see bates little rock entrench political majorities see vieth jubelirer stevens dissenting less willing defer institutional strengths legislature one may call question process used create law reason disregar sufficiently strong valid neutral justifications otherwise nondiscriminatory policy crawford reason examine carefully justifications measure justice scalia conceives issue right anonymous speech see post opinion concurring judgment decision mcintyre posited freewheeling right constitution protects freedom speech amdt see also mcintyre question presented whether statute prohibits distribution anonymous campaign literature abridging freedom speech within meaning first amendment freedom burdened law exposes speaker fines much burdened law exposes speaker harassment changes content speech prejudices others message see right however right speak right speak without fined right speak anonymously rare case may also arise level threat individual quite high state disclosure substantially limit group ability garner number signatures necessary place matter ballot thereby limiting ability make matter focus statewide discussion meyer grant see bates little rock buckley valeo per curiam brown socialist workers campaign comm ohio buckley american constitutional law foundation footnotes plaintiffs seem disavow reliance mcintyre ohio elections see reply brief petitioners certainly differences mcintyre case mcintyre required disclose identity placing name handbill plaintiffs object signing names referendum petition presumably observed later signers challenge later disclosure information state cases public disclosure involve claim anonymity first amendment anything line plaintiffs seek draw seeks sort partial anonymity stranger still justice stevens quibbles shorthand use tries rein mcintyre holding saying create right speak anonymously ante opinion concurring part concurring judgment mcintyre used shorthand see right remain anonymous freedom publish anonymously see also ibid author decision remain anonymous aspect freedom speech protected first amendment notes petition signing legal effect ante true petitions may never submitted secretary irrelevant since never subject pra petitions submitted secretary may lack requisite number signatures even petition signer exercised portion legislative power signs petition much like legislator casts losing vote quotes republican party white stated state sen tap energy legitimizing power democratic process must accord participants process first amendment rights attach roles ante correct point white involved prohibition speaking condition running judicial office suggest state require legislators participate referendum give first amendment rights unconnected act legislating electioneering disclosure cases cites ante likewise point since involve disclosure requirements applied political speech legislative action exception parts may judgment require secrecy assuredly designed permit anonymous voting refers details whose disclosure threaten important national interest similar clause articles confederation created exception journal requirement parts proceedings relating treaties alliances military operations congress judgment require secresy art ix constitution requirement broader object obviously footnotes generally speaking referendum voters approve reject act already passed legislature initiative voters adopt reject entirely new law either statute constitutional amendment see cronin direct democracy politics initiative referendum recall washington law computerized list must serve single system storing maintaining official list registered voters throughout state must contain name registration information every legally registered voter state rev code see permitting secretary state verify canvass referendum petitions using approved statistical sampling methods see naacp alabama ex rel patterson noting hardly novel perception compelled disclosure affiliation groups engaged advocacy may constitute effective restraint freedom association bates little rock freedoms freedom association purpose advancing ideas airing grievances protected frontal attack also stifled subtle government interference see also black douglas concurring first amendment rights beyond abridgment either legislation directly restrains exercise suppression impairment harassment humiliation exposure government emphasis added