Brown v. Hartlage
Judgment And A Lone Dissenter
For the reasons given, the Court voted 8-1 to hold with the finding of the Kentucky state court, and found that Section 121.055 did indeed limit free speech in violation of the First Amendment. The lone dissenter was Justice Rehnquist, who nonetheless did agree that the Corrupt Practices Act constituted an impermissible limitation on free speech. His dissent revolved, rather, around the method by which the Court reached this determination. He would have relied, he said, on the Court's ruling in Mills v. Alabama (1966), and "I see no need to rely on other precedents which do not involve state efforts to regulate the electoral process."
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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988Brown v. Hartlage - Significance, Free Speech Or Buying Votes?, The Right To Be Wrong, Judgment And A Lone Dissenter