Gordon Justice, Jr. v. Delbert Hosemann, et
771 F.3d 285
5th Cir.2014Background
- Mississippi requires disclosure for initiatives to amend the state constitution; registration at $200 threshold and monthly reporting with itemization thresholds; Initiative 31 passed with substantial support; plaintiffs are five individuals with limited prior political activity who allege a chilling effect preventing grassroots campaigning; district court granted relief for as-applied challenge; the Fifth Circuit reviews standing, as-applied, facial challenges, and abstention considerations; court ultimately holds Mississippi's disclosure scheme survives scrutiny and reverses district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge pre-enforcement disclosure | Plaintiffs have a credible fear of enforcement affecting future speech | Plaintiffs’ injury is not concrete for future enforcement given mootness of 2011 election | Plaintiffs have standing to challenge |
| As-applied challenge viability | Record shows definite past or intended expenditure above $200 by group | Record is too vague to tailor relief to specific expenditures | As-applied challenge fails due to insufficient record |
| Facial challenge to Mississippi disclosure | Disclosures unduly burdensome in all applications | Disclosure serves important informational interests; standard is exacting scrutiny | Mississippi’s disclosure survives exacting scrutiny; facial challenge fails |
Key Cases Cited
- Buckley v. Valeo, 424 U.S. 1 (1976) (informational interest supports disclosure; not all speech is suppressed)
- Citizens United v. FEC, 558 U.S. 310 (2010) (disclosure upheld as permissible under less-than-strict scrutiny)
- Worley v. Florida Sec’y of State, 717 F.3d 1238 (11th Cir. 2013) (supports applying exacting scrutiny to disclosure for ballot measures)
- Cal. Pro-Life Council, Inc. v. Reisman, 764 F.3d 409 (5th Cir. 2014) (treasurer-appointment reasoning; minimal burdens to disclosure survive scrutiny)
- Catholic Leadership Coalition v. Reisman, 764 F.3d 409 (5th Cir. 2014) (disclosure regime upheld under exacting scrutiny; analysis of registration burdens)
- National Organization for Marriage v. McKee (I), 649 F.3d 34 (1st Cir. 2011) (informational interest supported by disclosure in ballot-contexts)
- National Organization for Marriage v. McKee (II), 669 F.3d 34 (1st Cir. 2012) (continued affirmation of informational interest in disclosure)