How have courts analyzed statutes compelling disclosure of information in the context of political speech?

California, United States of America


The following excerpt is from People v. Anderson, 235 Cal.App.3d 586, 286 Cal.Rptr. 734 (Cal. App. 1991):

Most of the cases which have analyzed statutes compelling the disclosure of information have done so in the context of political speech. While this category of speech may be said to be the most zealously guarded by our constitution, nonetheless narrowly drawn statutes designed to serve a particular public need have been upheld. In Canon v. Justice Court, supra, 61 Cal.2d 446, 39 Cal.Rptr. 228, 393 P.2d 428, the California court analyzed an Elections Code provision which required the identification of the author of all political material "designed to injure or defeat" any candidate. The court discussed the holding in Talley and the purpose of the legislation at issue and observed: "The crucial question, then, is whether the end to be achieved by the disclosure requirement justifies the resulting impairment of freedom of expression. Certainly, not every infringement upon freedom of speech, of whatever degree and without regard to any countervailing interest, is constitutionally forbidden." (Id., at p. 456, 39 Cal.Rptr. 228, 393 P.2d 428.)

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