Doe # 1 v. Reed
Issues
Whether Washington’s Public Records Act (“PRA”), which makes signatures on referendum petitions part of public records, violates the First Amendment.
The dispute in this case centers on Washington's Public Records Act ("PRA"), which requires state and local governments to make public the identities of referendum petition signers. Petition signers challenged the constitutionality of this disclosure, but the Ninth Circuit held that disclosure of petition signers’ identities serves an important government interest and promotes government accountability. Specifically, petitioners, John Doe #1, et al. ("Doe #1"), argue that petition signing is core political speech and, therefore, is subject to First Amendment protections. Respondents, Washington Secretary of State Sam Reed, et al. ("Reed"), contend that petition signing, especially the signing of referendum petitions, is not political speech. Rather, Reed asserts that signing a referendum is a legislative act and a "quintessentially public" exercise. Thus, in Doe #1 v. Reed the Supreme Court must decide 1) whether petition signers’ First Amendment rights to privacy in political speech, association, and belief requires strict scrutiny when a state compels public release of identifying information and 2) whether compelled disclosure of petition signers’ identities is narrowly tailored to further a compelling state interest.
Questions as Framed for the Court by the Parties
The district court granted a preliminary injunction protecting against public disclosure, as opposed to private disclosure to the government only, of those signing a petition to put a referendum on the ballot ("petition signers"). The Ninth Circuit reversed, concluding that the district court based its decision on an incorrect conclusion of law when it determined that public disclosure of petition signers is subject to, and failed, strict scrutiny. The questions presented are:
1. Whether the First Amendment right to privacy in political speech, association, and belief requires strict scrutiny when a state compels public release of identifying information about petition signers.
2. Whether compelled public disclosure of identifying information about petition signers is narrowly tailored to a compelling interest, and whether Petitioners met all the elements required for a preliminary injunction.
On May 18, 2009, the Governor of Washington signed SB 5688. See Doe #1 v. Reed, 586 F.3d 671, 674-75 (9th Cir.