Jump to ContentJump to Main Navigation
The Constitution of Electoral Speech LawThe Supreme Court and Freedom of Expression in Campaigns and Elections$
Users without a subscription are not able to see the full content.

Brian K. Pinaire

Print publication date: 2008

Print ISBN-13: 9780804757249

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804757249.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 19 May 2022

McIntyre v. Ohio Elections Commission

McIntyre v. Ohio Elections Commission

(p.151) Chapter 6 McIntyre v. Ohio Elections Commission
The Constitution of Electoral Speech Law
Stanford University Press

This chapter examines McIntyre v. Ohio Elections Commission, inspired by Margaret McIntyre's refusal to pay a $100 fine for distributing “anonymous” fliers outside a school board meeting in the midst of a campaign over a school tax levy, and in violation of the state's electoral code requiring that election materials contain the name and business address of the party responsible for the literature. While the state defended its provision as necessary to police fraud, to facilitate libel prosecutions, and to serve the public interest in disclosure during political campaigns, the Court considered her case in light of a long and storied tradition of anonymous political discourse in Western society and issued a ruling with potentially vast implications for multiple constitutional domains. In its essence,McIntyre involved the intersection—or clash—of individual privacy and autonomy claims and the state's (and/or public's) interests in having “sunlight” serve as a deterrent for scurrilous speech.

Keywords:   political campaigning, electoral code, election materials, free speech, privacy, autonomy

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.