United States Sixth Circuit

In a constitutional challenge arising after Ohio, in order to reduce fraudulent signatures, enacted a provision making it a felony to pay anyone for gathering signatures on election-related petitions on any basis other than the time worked, summary judgment against Ohio is affirmed as the provision runs afoul of the First Amendment because it creates a significant burden on a core political speech right that is not narrowly tailored.

Appellate Information

• Decided 03/05/2008
• Published 03/05/2008

Judges

• Before: SILER, GIBBONS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William P. Marshall, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellant.  David R. Langdon, Langdon & Hartman, Cincinnati, Ohio, for Appellees.   ON BRIEF:  William P. Marshall, Sharon A. Jennings, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellant.  David R. Langdon, Curt C. Hartman, Langdon & Hartman, Cincinnati, Ohio, for Appellees.  Todd P. Graves, Graves, Bartle & Marcus, Kansas City, Missouri, for Amicus Curiae.