American Constitutional Law Foundation
A public-interest organization dedicated to First Amendment freedoms and direct democracy — victorious before the United States Supreme Court in Buckley v. ACLF, 525 U.S. 182 (1999).
Buckley v. American Constitutional Law Foundation, Inc. — 525 U.S. 182 · Decided January 12, 1999 · 6–3 Decision
Read Opinion →Constitutional Principles We Defend
The ACLF was founded on the belief that the First Amendment's protection of political speech must extend to every facet of direct democracy.
Freedom of Speech
The First Amendment demands that political speech receive the highest constitutional protection, especially in the context of direct democracy.
Right to Petition
Citizens have a constitutional right to participate in the initiative-petition process without government-imposed barriers to free expression.
Direct Democracy
Ballot initiatives and citizen referenda are a cornerstone of American self-governance. State regulations must not unduly burden these rights.
Anonymous Speech
The right to engage in political speech without compelled disclosure of identity is essential to the free exchange of ideas recognized in McIntyre v. Ohio.
Buckley v. American Constitutional Law Foundation, Inc.
525 U.S. 182 · January 12, 1999 · 6–3
In a landmark 6–3 decision, the Supreme Court struck down three of Colorado's restrictions on initiative-petition circulators — including the registered voter requirement and the badge requirement — as unconstitutional violations of the First Amendment.
Justice Ruth Bader Ginsburg, writing for the Court, held that petition circulation is "core political speech" deserving the highest constitutional protection, and that states cannot impose undue burdens on citizens' ability to participate in the initiative process.
Read Full Case Analysis →Too severe a burden on political speech; excludes non-registrants who protest by abstaining from voter rolls.
Violates the First Amendment right to anonymous speech; exposes circulators to harassment at the moment of political contact.
Failed exacting scrutiny; the deterrent effect on political association outweighed the marginal informational benefit.
A less burdensome mechanism serving Colorado's legitimate interest in accountability without immediate public disclosure.
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