Supreme Court speaks with divided tongue: Doe v. Reed
New York Law School Professor Arthur S. Leonard analyzes Doe v. Reed, No. 09-559 (U.S. June 24, 2010) at LeonardLink: “My quick summary – Concur by Sotomayor with Ginsburg and Stevens – it should be difficult for plaintiffs to keep the names confidential; Concur by Alito – it should be easy for the plaintiffs to keep the names confidential; Concur by Stevens and Breyer – it should be difficult for plaintiffs to keep the names confidential; Concur by Scalia – originalist view of the First Amendment and characterization of petition signers as actually being involved in ‘legislating’ means there is only a weak First Amendment interest, if any, in keeping these names confidential. So Scalia is sees no problem with the statute, as such, and is very unfavorably disposed to the second claim. Dissent by Thomas – Strong First Amendment protection for privacy of petition signers, so statute violates the First Amendment. Interesting to see Thomas and Scalia sharply split.
In a follow-up post, Leonard offers further analysis, including this regarding Scalia’s concurrence:
Doe v. Reed at ScotusWiki.