John Doe 1 v. Sam Reed, Washington Secretary of State — Scalia, J., Concurring

Summary

Justice Scalia concurred in the judgment, doubting that signing a referendum petition falls within the First Amendment's freedom of speech. He argued that even if it does, historical tradition of public legislating and voting refutes any right to anonymity. He criticized McIntyre v. Ohio Elections Comm’n for establishing a right to anonymous campaign literature not supported by history.