Cuyahoga Falls v. Buckeye Community Hope Foundation, 538 U.S. 188, 9 (2003)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

196

CUYAHOGA FALLS v. BUCKEYE COMMUNITY

HOPE FOUNDATION

Opinion of the Court

edly discriminatory voter sentiment. See id., at 635-637. But statements made by private individuals in the course of a citizen-driven petition drive, while sometimes relevant to equal protection analysis, see supra, at 194, do not, in and of themselves, constitute state action for the purposes of the Fourteenth Amendment. Cf. Blum v. Yaretsky, 457 U. S. 991, 1002-1003 (1982) (" '[T]he principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States' " (quoting Shelley v. Kraemer, 334 U. S. 1, 13 (1948))). Moreover, respondents put forth no evidence that the "private motives [that] triggered" the referendum drive "can fairly be attributed to the State." Blum v. Yaretsky, supra, at 1004.

In fact, by adhering to charter procedures, city officials enabled public debate on the referendum to take place, thus advancing significant First Amendment interests. In assessing the referendum as a "basic instrument of democratic government," Eastlake v. Forest City Enterprises, Inc., 426 U. S. 668, 679 (1976), we have observed that "[p]rovisions for referendums demonstrate devotion to democracy, not to bias, discrimination, or prejudice," James v. Valtierra, 402 U. S. 137, 141 (1971). And our well established First Amendment admonition that "government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable," Texas v. Johnson, 491 U. S. 397, 414 (1989), dovetails with the notion that all citizens, regardless of the content of their ideas, have the right to petition their government. Cf. Meyer v. Grant, 486 U. S. 414, 421- 422 (1988) (describing the circulation of an initiative petition as " 'core political speech' "); Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972) ("[G]overnment may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views"). Again, statements made by decision-makers or referendum sponsors during deliberation over a

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: October 4, 2007