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Doe #1 v. Reed

Docket No.: 09-559
Certiorari Granted: September 10, 2009
Argued: April 28, 2010
Decided: June 24, 2010

Topics:

First Amendment, Article I, Constitutional Law, First Amendment, Fourteenth Amendment, Freedom of Information Act, immigration, judicial review, preliminary injunction, privacy, public schools, retaliation

PartyNames: John Doe #1, et al. v. Sam Reed, Washington Secretary of State, et al.
Petitioner: John Doe #1, et al.
Respondent: Sam Reed, Washington Secretary of State, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 586 F.3d 671
Supreme Court Docket

John Doe #1, et al.
v.
Sam Reed, Washington Secretary of State, et al.
Background:

:flOmega The district court granted a preliminary injunction protecting against public disclosure, as opposed to private disclosure to the government only, of those signing a petition to put a referendum on the ballot ("petition signers"). The Ninth Circuit reversed, concluding that the district court based its decision on an incorrect conclusion of law when it determined that public disclosure of petition signers is subject to, and failed, strict scrutiny.

Question Presented:

flOmega 1. Whether the First Amendment right to privacy in political speech, association, and belief requires strict scrutiny when a state compels public release of identifying information about petition signers. flOmega 2. Whether compelled public disclosure of identifying information about petition signers is narrowly tailored to a compelling interest, and whether Petitioners met all the elements required for a preliminary injunction.

Question:

1) Does the First Amendment protection of political speech, association, and belief require strict scrutiny when a state compels the public release of identifying information about petition signers? 2) Is compelling public disclosure of identifying information about petition signers narrowly tailored to a compelling interest, and did the petitioners meet all the elements required for a preliminary injunction?

Note:

EXPEDITED BRIEFING SCHEDULE.

Doe #1 v. Reed
ORAL ARGUMENT

April 28, 2010

Holding: affirmed
Vote: 8-1
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