John Marshall Harlan II

John Marshall Harlan II

Summary

Portrait of John Marshall Harlan II John Marshall Harlan II Talley v. California — Concurrence

The fact that some of these statutes are aimed at elections, lobbying, and the mails makes their restraint no more palatable, nor the abuses they prevent less deleterious to the public interest, than the present ordinance.
All that Los Angeles requires is that one who exercises his right of free speech through writing or distributing handbills identify himself just as does one who speaks from the platform. The ordinance makes for the responsibility in writing that is present in public utterance.
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II Talley v. California — Concurrence

Its chief law enforcement officer says that the enforcement of the ordinance prevents 'fraud, deceit, false advertising, negligent use of words, obscenity, and libel,' and, as we have said, that such was its purpose. In the absence of any showing to the contrary by Talley, this appears to me entirely sufficient.
I stand second to none in supporting Talley's right of free speech-but not his freedom of anonymith. The Constitution say nothing about freedom of anonymous speech. In fact, this Court has approved laws requiring no less than Los Angeles' ordinance.
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II Talley v. California — Concurrence

While these statutes are leveled at political campaign and election practices, the underlying ground sustaining their validity applies with equal force here.
No civil right has a greater claim to constitutional protection or calls for more rigorous safeguarding than voting rights. In this area the danger of coercion and reprisals-economic and otherwise-is a matter of common knowledge. Yet these statutes, disallowing anonymity in promoting one's views in election campaigns, have expressed the overwhelming public policy of the Nation.
Source: Wikisource

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