Dedicated to First Amendment Freedoms & Direct Democracy

Est. 1994 · Colorado

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

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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.

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Freedom of Speech

The First Amendment demands that political speech receive the highest constitutional protection, especially in the context of direct democracy.

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Right to Petition

Citizens have a constitutional right to participate in the initiative-petition process without government-imposed barriers to free expression.

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Direct Democracy

Ballot initiatives and citizen referenda are a cornerstone of American self-governance. State regulations must not unduly burden these rights.

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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.

Landmark Supreme Court Decision

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.

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Registered Voter RequirementStruck Down

Too severe a burden on political speech; excludes non-registrants who protest by abstaining from voter rolls.

Badge / Name Disclosure RequirementStruck Down

Violates the First Amendment right to anonymous speech; exposes circulators to harassment at the moment of political contact.

Monthly Paid Circulator ReportsStruck Down

Failed exacting scrutiny; the deterrent effect on political association outweighed the marginal informational benefit.

Circulator Affidavit RequirementUpheld

A less burdensome mechanism serving Colorado's legitimate interest in accountability without immediate public disclosure.

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