Cert. Petition Filed In Challenge To Release of Names of Referendum Petition Signers

On Nov. 6, a petition for certiorari (full text) was filed with the U.S. Supreme Court in John Doe #1 v. Ried. In the case, the 9th Circuit overturned a preliminary injunction issued by a Washington federal district court. The injunction barred release of the names of individuals who signed referendum petitions opposing Washington's domestic partnership law. (See prior posting.) The Supreme Court has already reinstated the district court's injunction pending filing and disposition of the petition for cert. (See prior posting.) Yesterday's National Law Journal reported on the filing of the cert. petition. The petition raises the question of whether, in order to respect privacy in political speech, strict scrutiny should be applied to the state's decision to release the signatures under its Public Records Act.