CITIZENS FOR TAX REFORM v. DETERS

No. 07-3031.

518 F.3d 375 (2008)

CITIZENS FOR TAX REFORM and Jeffrey P. Ledbetter, Plaintiffs-Appellees, v. Joseph DETERS et al., Defendants, State of Ohio, Intervenor, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2008.


Attorney(s) appearing for the Case

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.

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


OPINION

McKEAGUE, Circuit Judge.

As with the law in general,1 the First Amendment is a jealous mistress. It enables the people to exchange ideas (popular and unpopular alike), to assemble with the hope of changing minds, and to alter or preserve how we govern ourselves. But in return, it demands that sometimes seemingly reasonable measures enacted by our governments give way.

The State of Ohio enacted a provision making...

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