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Managed SpeechThe Roberts Court's First Amendment$
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Gregory P. Magarian

Print publication date: 2017

Print ISBN-13: 9780190466794

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780190466794.001.0001

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Of Parties and Petitions

Of Parties and Petitions

Regulations of Election Procedures

(p.139) Chapter 6 Of Parties and Petitions
Managed Speech

Gregory P. Magarian

Oxford University Press

This chapter begins the third section of the book, which explores the most contentious area of free speech law in the Roberts Court era: the electoral process. This chapter discusses electoral process cases about matters other than campaign finance. Two decisions about procedures for nominating candidates show that the Roberts Court has followed an important trend from the Rehnquist Court years by using First Amendment law to strengthen the electoral dominance of the two major political parties. In another case, about public disclosure of the names of people who signed direct democracy petitions, the Roberts Court dodged an opportunity to consider the proper balance between conflicting First Amendment interests in voter information and anonymous political participation.

Keywords:   U.S. Supreme Court, Roberts Court, First Amendment, free speech, electoral process, political parties, direct democracy

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