Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 14 (1999)

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Cite as: 525 U. S. 182 (1999)

Opinion of the Court

will convey [the initiative proponents'] message" and, consequently, cut down "the size of the audience [proponents] can reach." Meyer, 486 U. S., at 422, 423; see Bernbeck v. Moore, 126 F. 3d 1114, 1116 (CA8 1997) (quoting Meyer); see also Meyer, 486 U. S., at 423 (stating, further, that the challenged restriction reduced the chances that initiative proponents would gather signatures sufficient in number to qualify for the ballot, and thus limited proponents' "ability to make the matter the focus of statewide discussion"). In this case, as in Meyer, the requirement "imposes a burden on political expression that the State has failed to justify." Id., at 428.

Colorado acknowledges that the registration requirement limits speech, but not severely, the State asserts, because "it is exceptionally easy to register to vote." Reply Brief 5, 6; see Brief for Petitioner 30-31. The ease with which qualified voters may register to vote, however, does not lift the burden on speech at petition circulation time. Of course there are individuals who fail to register out of ignorance or apathy. See post, at 219-220 (O'Connor, J., concurring in judgment in part and dissenting in part). But there are also individuals for whom, as the trial record shows, the choice not to register implicates political thought and expression. See 1 Tr. 14 (testimony of ballot-initiative organizer Jack

barred from circulating petitions. The dissent's concern that hordes of "convicted drug dealers," post, at 230, will swell the ranks of petition circulators, unstoppable by legitimate state regulation, is therefore undue. Even more imaginary is the dissent's suggestion that if the merely voter eligible are included among petition circulators, children and citizens of foreign lands will not be far behind. See post, at 231-232. This familiar parade of dreadfuls calls to mind wise counsel: "Judges and lawyers live on the slippery slope of analogies; they are not supposed to ski it to the bottom." R. Bork, The Tempting of America: The Political Seduction of the Law 169 (1990). That same counsel applies to Justice OTMConnor's floodgate fears concerning today's decision, which, like Meyer, separates petition circulators from the proponents and financial backers of ballot initiatives. See post, at 226 (opinion concurring in judgment in part and dissenting in part).

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