On June 24, 2010, the Supreme Court announced its decision in Doe v. Reed. In this case, the Court was asked whether compelled disclosure of signatory information on a referendum petition violated the First Amendment.
In an 8-1 opinion delivered by Chief Justice Roberts, the Court held that although petition-signatories may have a right to nondisclosure in particular cases, they do not have a general constitutional right to nondisclosure. The Court declined to answer whether, in this particular referendum on expanding the rights and responsibilities of state-registered domestic partners, including same-sex partners, the signatories' interest in avoiding persecution outweighed the state's interest in promoting transparency, and assigned this task to a lower court.
To discuss the case, we have the Capital University Law School Josiah H. Blackmore II and Shirley M. Nault Designated Professor of Law Bradley A. Smith.