John Doe 1 v. Sam Reed, Washington Secretary of State — Thomas, J., Dissenting

Summary

Justice Thomas dissents, arguing Washington’s public records disclosure of referendum petitions burdens First Amendment associational rights. He would hold the PRA facially unconstitutional as strict scrutiny requires narrow tailoring and the state has less restrictive means, such as an electronic database, to verify signatures without wholesale public disclosure. Alito concurred in the judgment; Stevens, Sotomayor, and Breyer concurred in the judgment or opinion of the Court; Scalia concurred in the judgment.