McIntyre v. Ohio Elections Commission
Significance, Talley V. California, Regulation Of The Electoral Process, "exacting Scrutiny", . . . Or Perhaps Not
Joseph McIntyre, Executor of the Estate of Margaret McIntyre
Ohio Elections Commission
That 3599.09(A) of the Ohio Code violates the right to free speech under the First Amendment.
Chief Lawyer for Petitioner
Chief Lawyer for Respondent
Andrew I. Sutter
Justices for the Court
Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, David H. Souter, John Paul Stevens (writing for the Court), Clarence Thomas
William H. Rehnquist, Antonin Scalia
Date of Decision
19 April 1995
The Court, reversing a lower court's ruling, held that an Ohio statute prohibiting anonymous campaign literature was unconstitutional.
Anonymity Part of Original Intent
Justice Thomas filed a concurring opinion agreeing with the Court's judgment, but not its reasoning. Thomas presented a history of anonymous publishing in the United States, to establish that the original intent of the First Amendment encompasses anonymous publishing. The Court's reasoning in the case, he argued, was largely irrelevant; it was the framers' understanding that was important.
- State v. Babst, 135 N.E. 525 (1922).
- Talley v. California, 362 U.S. 60 (1960).
- Miami Herald Publishing Company v. Tornillo, 418 U.S. 241 (1974).
- Buckley v. Valeo, 424 U.S. 1 (1976).
- First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978).
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- McIntyre v. Ohio Elections Commission - Significance
- McIntyre v. Ohio Elections Commission - Further Readings
- McIntyre v. Ohio Elections Commission - Talley V. California
- McIntyre v. Ohio Elections Commission - Regulation Of The Electoral Process
- McIntyre v. Ohio Elections Commission - "exacting Scrutiny"
- McIntyre v. Ohio Elections Commission - . . . Or Perhaps Not
- McIntyre v. Ohio Elections Commission - Impact
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