Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182, 19 (1999)

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200

BUCKLEY v. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC.

Opinion of the Court

ment interest might justify a more limited identification requirement, but Ohio has shown scant cause for inhibiting the leafletting at issue here."); see id., at 358 (Ginsburg, J., concurring). In contrast, the affidavit requirement upheld by the District Court and Court of Appeals, which must be met only after circulators have completed their conversations with electors, exemplifies the type of regulation for which McIntyre left room.20

In sum, we conclude, as did the Court of Appeals, that Colorado's current badge requirement discourages participation in the petition circulation process by forcing name identification without sufficient cause. We reiterate this qualification: In its final observation, the Court of Appeals noted that ACLF's "arguments and evidence focus[ed] entirely on [the circulator identification] requirement"; therefore, that court expressed no opinion whether the additional require-ments—that the badge disclose the circulator's paid or volunteer status, and if paid, by whom—"would pass constitutional muster standing alone." 120 F. 3d, at 1104. We similarly confine our decision.

20 As the Tenth Circuit observed, see 120 F. 3d, at 1101, neither Riley v. National Federation of Blind of N. C., Inc., 487 U. S. 781 (1988), nor Martin v. City of Struthers, 319 U. S. 141 (1943), supports the name identification Colorado requires petition circulators to wear. Riley invalidated a North Carolina law restricting solicitation of charitable contributions by professional fundraisers. Martin invalidated a city ordinance prohibiting knocking on the door or ringing the doorbell of any residence for the purpose of distributing literature. The Court observed in Riley that an un-challenged portion of the disclosure law required professional fundraisers to disclose their professional status, i. e., their employer's name and address, to potential donors. 487 U. S., at 799, and n. 11. In dictum in Martin, the Court noted that "a stranger in the community" could be required to establish his identity and authority to act for the cause he purports to represent. 319 U. S., at 148, n. 14 (internal quotation marks omitted). Neither case involved a name badge requirement or any other specification that the solicitor's personal name be revealed. Nor was there in either case a counterpart to the affidavit, which puts each petition circulator's name and address on a public record.

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