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Mrs. Mcintyre's Persona: Bringing Privacy Theory to Election Law

By: McGeveran, William | The William and Mary Bill of Rights Journal, May 2011 | Article details

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Mrs. Mcintyre's Persona: Bringing Privacy Theory to Election Law


McGeveran, William, The William and Mary Bill of Rights Journal


Introduction

In 1995, the Supreme Court reversed the imposition of a one hundred dollar fine for violating disclosure requirements in Ohio election law.1 The case involved the late Mrs. Margaret Mclntyre, who had distributed homemade leaflets arguing against a proposed local school tax levy, some of which were signed only by "CONCERNED PARENTS AND TAX PAYERS."2 The rationale for the Court's decision was a robust understanding of privacy rights for political speech and association: "The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as …

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