Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 18 (1999)

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

Opinion of the Court

lators to reveal their identities at the same time they deliver their political message," 120 F. 3d, at 1102; it operates when reaction to the circulator's message is immediate and "may be the most intense, emotional, and unreasoned," ibid. The affidavit, in contrast, does not expose the circulator to the risk of "heat of the moment" harassment. Cf. 870 F. Supp., at 1004 (observing that affidavits are not instantly accessible, and are therefore less likely to be used "for such purposes as retaliation or harassment").

Our decision in McIntyre v. Ohio Elections Comm'n, 514 U. S. 334 (1995), is instructive here. The complainant in McIntyre challenged an Ohio law that prohibited the distribution of anonymous campaign literature. The writing in question was a handbill urging voters to defeat a ballot issue. Applying "exacting scrutiny" to Ohio's fraud prevention justifications, we held that the ban on anonymous speech violated the First Amendment. See id., at 347, 357. "Circulating a petition is akin to distributing a handbill," the Tenth Circuit observed in the decision now before us. 120 F. 3d, at 1103. Both involve a one-on-one communication. But the restraint on speech in this case is more severe than was the restraint in McIntyre. Petition circulation is the less fleeting encounter, for the circulator must endeavor to persuade electors to sign the petition. See Tr. of Oral Arg. 21, 25-26. That endeavor, we observed in Meyer, "of necessity involves both the expression of a desire for political change and a discussion of the merits of the proposed change." 486 U. S., at 421.

The injury to speech is heightened for the petition circulator because the badge requirement compels personal name identification at the precise moment when the circulator's interest in anonymity is greatest. See 120 F. 3d, at 1102. For this very reason, the name badge requirement does not qualify for inclusion among the "more limited [election process] identification requirement[s]" to which we alluded in McIntyre. 514 U. S., at 353 ("We recognize that a State's enforce-

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