Meyer V. Grant
   HOME

TheInfoList



OR:

''Meyer v. Grant'', 486 U.S. 414 (1988), was an important decision by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
on paid
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
circulation. Colorado was one of several states with a process for citizens to propose
initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...
s for the ballot, which if passed became law. One of the requirements was to get the signatures of a significant number of registered Colorado electors. Colorado prohibited initiative sponsors from paying for the circulation of these petitions. The state argued this was necessary to "protect ..the integrity of the initiative." In 1984, Coloradans for Free Enterprise, an interest group, proposed an initiative to deregulate the motor industry by removing it from the jurisdiction of the Public Utilities Commission. After the title and summary were approved by the state, they began unpaid circulation. They eventually concluded that they would not be able to get the 46,737 required signatures by the deadline. They then filed suit under 42 U.S.C. 1983 against the Secretary of State of Colorado, Natalie Meyer, and the Attorney General of Colorado,
Duane Woodard L. Duane Woodard (born January 12, 1938) is an American politician who served as the Attorney General of Colorado from 1983 to 1991. He previously served in the Colorado Senate from the 29th district from 1977 to 1980. Early life and career L. D ...
, in their official capacities. The plaintiffs alleged that the Colorado statute infringed on their First Amendment rights. The district court, with Judge
John P. Moore John P. Moore is an American virologist and professor at Cornell University's Weill Cornell Medicine college, known for his research on HIV/AIDS. He previously worked at the Aaron Diamond AIDS Research Center. A former section editor of the ''Jou ...
sitting, declined to overturn the law, finding that "the evidence did not indicate that plaintiffs were prevented in any way from espousing their cause simply because they could not obtain paid petition circulators." The plaintiffs appealed this decision to the
United States Court of Appeals for the Tenth Circuit The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Distr ...
. Judges James E. Barrett and William Doyle affirmed in a panel opinion. The court granted a rehearing en banc at the plaintiff's request, and vacated the panel's opinion. The full court of appeals reversed and remanded, determining that Colorado's law "impede the sponsors' opportunity to disseminate their views to the public." The state appealed to the Supreme Court, which heard oral argument on April 25, 1988. The Supreme Court unanimously affirmed the decision, ruling that "the State has failed to demonstrate that it is necessary to burden appellees' ability to communicate their message in order to meet its concerns."


Aftermath

In 2001, a federal court upheld a North Dakota law prohibiting pay-per signatures. Pay-Per-Signature laws have been held unconstitutional in Idaho, Maine, Mississippi, and Washington.


See also

* '' Buckley v. American Constitutional Law Foundation, Inc.'' * List of United States Supreme Court cases, volume 486


References


External links

* {{DEFAULTSORT:Meyer V. Grant United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court United States Free Speech Clause case law 1988 in United States case law Colorado ballot measures