Does Compelled Public Disclosure of Identifying Information about Referendum Petition Signers Implicate First Amendment Protection?
Doe #1 argues that the First Amendment protects referendum petition signers, because the act of signing a petition is “core political speech.” Brief for Petitioners at 17. Doe #1 notes that in Buckley v. American Constitutional Law Foundation (“Buckley II”), the Court concluded that petition circulation is protected by the First Amendment, because the act of signature collection is “core political speech.” Id. at 17 (quoting 525 U.S. 182, 197 (1999)). Doe #1 explains that voting, which is done in secret, and petition signing are “inextricably tied” in that referendum signers control voting opportunities. See id. at 22. Doe #1 further explains that freedom of speech necessarily includes the right not to speak. See id. at 23. He argues that in order to put referenda on the ballot, Washington voters are forced to engage in compelled speech, which infringes on the right to privacy of association and belief. See id. at 23–24. He asserts that petition signing is essentially a private disclos
