Public Disclosure

Issues: Free Speech Rights of Nonprofits

On June 24, 2010, the Supreme Court decided Doe v. Reed, providing clarification on the privacy rights of petition signers. Specifically, the Court held that the public disclosure of the names and addresses of individuals who have signed referendum petitions does not violate the signers' First Amendment rights.

The plaintiffs in Doe v. Reed were a group of individuals who had signed a petition in order to place on the ballot a referendum challenging a state senate bill that expanded the rights of same-sex domestic partners in the state of Washington. Under Washington state law, referendum petitions are considered "public documents," and are thus subject to public disclosure upon request of a member of the public. Plaintiffs brought suit hoping to prevent the disclosure of their identities, arguing that such disclosure would violate their First Amendment right to engage in political expression. They argued that if their identities were released, they would likely be subjected to threats and harassment, thus burdening their freedom of expression.

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