Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 8

Margaret McIntyre distributed leaflets to persons attending a public meeting at the Blendon Middle School in Westerville, Ohio. At this meeting, the superintendent of schools planned to discuss an imminent referendum on a proposed school tax levy. The leaflets expressed Mrs. McIntyre's opposition to the levy. She had composed and printed the leaflet on her home computer and had paid a professional printer to make copies. Some of the handbills identified her as the author; others merely purported to express the views of "CONCERNED PARENTS AND TAX PAYERS." There is no suggestion that the text of her message was false, misleading, or libelous. While Mrs. McIntyre distributed her handbills, an official of the school district, who supported the tax proposal, advised her that the unsigned leaflets did not conform to the Ohio election laws. Undeterred, Mrs. McIntyre appeared at another meeting on the next evening and handed out more of the handbills. Later, the school official filed an official complaint with the Ohio Elections Commission charging that Mrs. McIntyre's distribution of unsigned leaflets violated the Ohio Code. The Commission agreed and imposed a fine of $100. Mrs. McIntyre challenged the constitutionality of the ban on anonymous leafleting. Does an ordinance prohibiting all anonymous leafleting violate the First Amendment?