Doe v. Reed

Holding: Disclosure of the identity of persons who sign petitions for ballot referenda does not normally violate the First Amendment. The Court leaves open, however, the question whether the First Amendment might prohibit disclosure if it can be shown that disclosure could expose those who signed a petition to serious harm.

Judgment: Affirmed, 8-1, in an opinion by Chief Justice John Roberts on June 24, 2010. Justices Breyer and Alito both filed concurring opinions, and Justice Sotomayor filed a concurring opinion which was joined by Justices Stevens and Ginsburg. Justice Stevens filed an opinion concurring in part and in the judgment, joined by Justice Breyer. Justice Scalia filed an opinion concurring in the judgment. Justice Thomas filed a dissent.

Briefs and Documents

Merits Briefs

• Brief for Petitioners John Doe #1, John Doe #2, and Protect Marriage Washington
• Brief for Respondent Washington Coalition for Open Government
• Brief for Respondent Washington Families Standing Together
• Brief for Respondent Sam Reed
• Reply Brief for Petitioner John Doe #1, John Doe #2, and Protect Marriage Washington

[edit] Amicus Briefs

• Brief for Common Sense for Oregon, the Oregon Anti-Crime Alliance, and Oregonians In Action in Support of Petitioners
• Brief for Concerned Women for America in Support of Petitioners
• Brief for the Institute for Justice in Support of Petitioners
• Brief for the CATO Institute in Support of Petitioners
• Brief for the American Center for Law and Justice in Support of Petitioners
• Brief for the American Civil Rights Union in Support of Petitioners
• Brief for the Committee for Truth In Politics, the National Organization for Marriage, the Family Research Council, and American Values in Support of Petitioners
• Brief for Voters Want More Choices in Support of Petitioners
• Brief for the Alliance Defense Fund in Support of Petitioners
• Brief for Protectmarriage.Com – Yes On 8, A Project of California Renewal in Support of Petitioners
• Brief for the Liberty Counsel in Support of Petitioners
• Brief for The Abraham Lincoln Foundation for Public Policy Research, Inc., American Conservative Union, American Target Advertising, Inc., Citizens in Charge Foundation, Citizens United, Citizens United Foundation, ClearWord Communications Group, Inc., the Conservative Legal Defense and Education Fund, The Constitution Party National Committee, Downsize DC Foundation, DownsizeDC.org, Eberle & Associates, Inc., English First, English First Foundation, Free Speech Coalition, Inc., The Free Speech Defense and Education Fund, Inc., Gun Owners Foundation Gun Owners of America, Inc.,the Institute on the Constitution, Law Enforcement Alliance of America, Inc., The Lincoln Institute for Research and Education, the National Right to Work Legal Defense and Education Foundation, Inc., Production Solutions, Inc. Public Advocate of the United States, The Richard Norman Company, 60 Plus Association, U.S. Border Control, U.S. Border Control Foundation, U.S. Justice Foundation, and Young America’s Foundation in Support of Petitioners
• Brief for the Center for Competitive Politics in Support of Petitioners
• Brief for the Justice and Freedom Fund in Support of Petitioners
• Brief for The Abraham Lincoln Foundation for Public Policy Research, Inc., American Conservative Union, American Target Advertising, Inc., Citizens in Charge Foundation, Citizens United, Citizens United Foundation, ClearWord Communications Group, Inc., the Conservative Legal Defense and Education Fund, The Constitution Party National Committee, Downsize DC Foundation, DownsizeDC.org, Eberle & Associates, Inc., English First, English First Foundation, Free Speech Coalition, Inc., The Free Speech Defense and Education Fund, Inc., Gun Owners Foundation Gun Owners of America, Inc.,the Institute on the Constitution, Law Enforcement Alliance of America, Inc., The Lincoln Institute for Research and Education, the National Right to Work Legal Defense and Education Foundation, Inc., Production Solutions, Inc. Public Advocate of the United States, The Richard Norman Company, 60 Plus Association, U.S. Border Control, U.S. Border Control Foundation, U.S. Justice Foundation, and Young America’s Foundation in Support of Petitioners
• Motion for Leave to File Brief Amicus Curiae and Brief of Amicus Curiae Center for Constitutional Jurisprudence in Support of Petitioners
• Brief for Direct Democracy Scholars in Support of Respondents
• Brief for the City of Seattle in Support of Respondents
• Brief for National and Washington State News Publishers, News Broadcasters and News Media Professional Associations in Support of Respondents
• Brief for the States of Ohio, Arizona, Colorado, Florida, Idaho, Illinois, Maine, Maryland, Massachusetts, Mississippi, Montana, New Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Utah, Vermont, and Wisconsin in Support of Respondents
• Brief for Lambda Legal Defense and Education Fund, Inc., Gay & Lesbian Advocates & Defenders, National Center for Lesbian Rights, the Human Rights Campaign, and National Gay and Lesbian Task Force in Support of Respondents
• Brief for the Reporters Committee for Freedom of the Press, Gannett Co., Inc., National Newspaper Association, Newspaper Association of America, The Radio-Television Digital News Association, and Society Of Professional Journalists in Support of Respondents
• Brief for the National Conference of State Legislatures, International City/County Management Association, National Association of Countries, and International Municipal Lawyers Association in Support of Respondents
• Motion for Leave to File Amicus Curiae Brief and Brief for American Business Media, Consumer Data Industry Association, First American Corelogic, Inc., the National Association of Professional Background Screeners, Reed Elsevier, Inc., the Software & Information Industry Association, Transunion, and Thomson Reuters in Support of Respondents
• Brief for the National Conference of State Legislatures, the International City-County Management Association, the National Association of Counties, and the International Municipal Lawyers Association in Support of Respondent
• Brief for the Massachusetts Gay and Lesbian Political Caucus and Susan Wagner
• Brief for the Brennan Center for Justice, the Center for Responsive Politics, and the Sunlight Foundation in Support of Neither Party
• Brief for the Brennan Center for Justice, the Center for Responsive Politics, and the Sunlight Foundation in Support of Neither Party

[edit] Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition for Secretary of State Sam Reed
• Brief in opposition for Washington Families Standing Together
• Petitioner’s reply