Meyer v. Grant
Encyclopedia
Meyer v. Grant, , was an important decision by the United States Supreme Court
on paid petition
circulation. Colorado was one of several states with a process for citizens to propose initiative
s for the ballot, which if passed became law. One of the requirements was to get the signatures of a significant number of registered Colorado electors. Colorado prohibited initiative sponsors from paying for the circulation of these petitions. The state argued this was necessary to "protect[...] the integrity of the initiative."
In 1984, Coloradans for Free Enterprise, an interest group, proposed an initiative to deregulate the motor industry by removing it from the jurisdiction of the Public Utilities Commission. After the title and summary were approved by the state, they began unpaid circulation. They eventually concluded that they would not be able to get the 46,737 required signatures by the deadline. They then filed suit under 42 U.S.C. 1983 against the Secretary of State of Colorado, Natalie Meyer, and the Attorney General of Colorado, Duane Woodard, in their official capacities. The plaintiffs alleged that the Colorado statute infringed on their First Amendment rights. The district court, with Judge John P. Moore sitting, declined to overturn the law, finding that "the evidence did not indicate that plaintiffs were prevented in any way from espousing their cause simply because they could not obtain paid petition circulators." The plaintiffs appealed this decision to the United States Court of Appeals for the Tenth Circuit
. Judges James Barrett
and William Doyle
affirmed in a panel opinion. The court granted a rehearing en banc at the plaintiff's request, and vacated the panel's opinion. The full court of appeals reversed and remanded, determining that Colorado's law "impede[d] the sponsors' opportunity to disseminate their views to the public."
The state appealed to the Supreme Court, which heard oral argument on April 25, 1988. The Supreme Court unanimously affirmed the decision, ruling that "the State has failed to demonstrate that it is necessary to burden appellees' ability to communicate their message in order to meet its concerns."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on paid petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
circulation. Colorado was one of several states with a process for citizens to propose initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
s for the ballot, which if passed became law. One of the requirements was to get the signatures of a significant number of registered Colorado electors. Colorado prohibited initiative sponsors from paying for the circulation of these petitions. The state argued this was necessary to "protect[...] the integrity of the initiative."
In 1984, Coloradans for Free Enterprise, an interest group, proposed an initiative to deregulate the motor industry by removing it from the jurisdiction of the Public Utilities Commission. After the title and summary were approved by the state, they began unpaid circulation. They eventually concluded that they would not be able to get the 46,737 required signatures by the deadline. They then filed suit under 42 U.S.C. 1983 against the Secretary of State of Colorado, Natalie Meyer, and the Attorney General of Colorado, Duane Woodard, in their official capacities. The plaintiffs alleged that the Colorado statute infringed on their First Amendment rights. The district court, with Judge John P. Moore sitting, declined to overturn the law, finding that "the evidence did not indicate that plaintiffs were prevented in any way from espousing their cause simply because they could not obtain paid petition circulators." The plaintiffs appealed this decision to the United States Court of Appeals for the Tenth Circuit
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
. Judges James Barrett
James Emmett Barrett
James Emmett Barrett was a United States federal judge.Born in Lusk, Wyoming, Barrett was in the United States Army from during World War II, from 1942 to 1945, and received an LL.B. from the University of Wyoming College of Law in 1949...
and William Doyle
William Edward Doyle
William Edward Doyle was a United States federal judge.Born in Denver, Colorado, Doyle received an LL.B. from George Washington University Law School in 1937 and an A.B. from the University of Colorado in 1940. He served as deputy district attorney of Denver, Colorado from 1938 to 1941, before...
affirmed in a panel opinion. The court granted a rehearing en banc at the plaintiff's request, and vacated the panel's opinion. The full court of appeals reversed and remanded, determining that Colorado's law "impede[d] the sponsors' opportunity to disseminate their views to the public."
The state appealed to the Supreme Court, which heard oral argument on April 25, 1988. The Supreme Court unanimously affirmed the decision, ruling that "the State has failed to demonstrate that it is necessary to burden appellees' ability to communicate their message in order to meet its concerns."
External links
- Full text of opinion with links to cited material