FAQ: The new 'annoy' law explained

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McINTYRE v. OHIO ELECTIONS COMM'N

In the U.S. Supreme Court, argued October 12, 1994,
decided April 19, 1995:

(a) The freedom to publish anonymously is
protected by the First Amendment, and, as
Talley indicates, extends beyond the literary
realm to the advocacy of political causes.
Pp. 7-9.

STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. GINSBURG, J., filed a concurring opinion. THOMAS, J., filed an opinion concurring in the judgment. SCALIA, J., filed a dissenting opinion, in which REHNQUIST, C. J., joined. [ McINTYRE v. OHIO ELECTIONS COMM'N, ___ U.S. ___ (1995) , 1]

The question presented is whether an Ohio statute that prohibits the distribution of anonymous campaign literature is a "law . . . abridging the freedom of speech" within the meaning of the First Amendment. 1 [ McINTYRE v. OHIO ELECTIONS COMM'N, ___ U.S. ___ (1995) , 2]

Reference:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=U10296

Posted by: cjcoats   Posted on: 01/11/06 You are currently: a Guest | Members login | Terms of Use

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