Summary

Byron White Renne v. Geary — Dissenting Opinion

But the greater power to dispense with elections altogether does not include the lesser power to conduct elections under conditions of state-imposed voter ignorance. If the State chooses to tap the energy and the legitimizing power of the democratic process, it must accord the participants in that process-voters, candidates, and parties-the First Amendment rights that attach to their roles.
Source: Wikisource

Byron White Renne v. Geary — Dissenting Opinion

In my opinion, competing prudential factors clearly support considering respondents' overbreadth challenge first in this case. Unlike the situation in Fox, the as-applied challenge here is actually more difficult to resolve than is the overbreadth challenge. Insofar as they attack petitioners' redaction policy as unconstitutional, respondents must be understood to argue that they have a right to receive particular messages by means of official voter pamphlets or a right to communicate their own messages by that means.
Source: Wikisource

Byron White Renne v. Geary — Dissenting Opinion

The form of future disobedience can only matter in ripeness analysis to the extent that it bears on the merits of a plaintiff's pre-enforcement challenge. The majority never bothers to explain how the identity of the endorsed candidates, the "nature" of the endorsement, the mode of publicity (outside of candidate statements submitted for inclusion in voter pamphlets) , or the precise language that petitioners might delete from the pamphlets affects the merits of respondents' challenge.
Source: Wikisource

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