Brief Fact Summary. Colorado requires that petition circulator’s wear a badge and that the names, addresses and amounts paid to all circulators be reported.
Synopsis of Rule of Law. Protected political speech includes the freedom to remain anonymous while supporting a particular cause.
Issue. Do the Colorado state requirements violate the First Amendment of the United States Constitution (Constitution)?
Held. Yes. Affirm Court of Appeals
The badge requirement discourages participation in the petition circulation process by forcing name identification without just cause.
Listing paid circulators forces paid circulators to surrender the anonymity enjoyed by volunteer counterparts.
Second, it makes it less likely that the appellees will garner the number of signatures necessary to place the matter on the ballot, thus limiting their ability to make the matter the focus of statewide discussion.View Full Point of Law