Chronological Table of disclaimer cases

1908 ex Parte Harrison, 110 S.W. 709 (Mo 1908)

1960 Talley v. California, 362 U.S. 60 (1960), http://epic.org/free_speech/talley_v_california.html

1961 United States v. Scott (D.N.D.) 195 F. Supp. 440 (1961)

1964 Canon v. Justice Court for Lake Valley, 61 Cal.2d 446, 39 Cal.Rptr. 228, 393 P.2d 428 (1964),

1962 People v. Bongiorni, 205 Cal. App. 2d Supp. 856 (Sup. Ct. 1962)

x People v Drake (CA)

1968 Idaho v. Barney, 448 P.2d 195 (1968),

1969 Zwickler v Koota 389 U.S. 241 (1967), 290 F.Supp. 244, mooted 394 U.S. 103 (1969) sub nom Golden v Zwickler

1973 Opinion of the Justices, 306 A.2d 18 (Maine 1973)

1973 United States v. Insco, 365 F. Supp. 1308 (M.D. Fla. 1973)

418 U.S. 241 (1974)

1974 MIAMI HERALD PUBLISHING CO v. TORNILLO, 418 U.S. 241 (1974)

1974 In re Opinion of the Justices, 324 A.2d 211 (Del. 1974)

1974 New York v. Duryea, 351 NYS2d 978 (1974)

1974 Printing Industries of the Gulf Coast v. Hill, 382 F.Supp. 8011 (S.D.Tx 1974), 42 L.Ed.26 33 dismissed as moot. http://openjurist.org/422/us/937/hill-v-printing-industries-of-gulf-coast

1975 Dennis v. Massachusetts, 329 N.E.2d 706 (Mass. 1975), http://masscases.com/cases/sjc/368/368mass92.html

1976 State of Louisiana v. Fulton, 3.37 So.2d 866 (La. 1976)

1977 Wooley v. Maynard, 430 U.S. 705 (1977)

1978 State v. North Dakota Educ. Ass'n, 262 N.W.2d 731 (N.D. 1978)

1980 Schuster v. Imperial County Mun. Ct., 167 Cal. Rptr. 447 (Cal. Ct. App.

1980), cert. denied, 450 U.S. 1042 45. http://ca.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CCA%5CCA2%5C1980%5C19800828_0040409.CA.htm/qx

1983 KVUE, Inc. v. Moore, 709 F.2d 922, 937 (5th Cir. 1983), aff'd on other grounds, 465 U.S. 1092 (1984)

1987 Illinois v. White, 506 NE2d 1284 (Ill. 1987) http://il.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CIL%5CIL2%5Carchp%5C1987%5C19870220_0000193.IL.htm/qx

1987 Wilson v. Stocker, 819 F.2d 943, 950 (10th Cir. 1987);

199x N.Dakota v. N.D. Ed. Assoc., 262 N.W.2d 731 http://www.ndcourts.com/court/opinions/612.htm

1993 Persilie v. N.Carolina, (N.Car. 1993) http://www.ibiblio.org/pub/docs/nc-supreme-court/jul3093/persilie

1995 FEC v. Survival Educ. Fund, Inc., 65 F.3d 285, 298(2d. Cir. 1995)

1995 Louisiana. v. Moses, 655 So. 2d 779 (La. Ct. App. 1995)

1995 McIntyre v. Ohio, 514 U.S. 334 (1995) http://www.law.cornell.edu/supct/html/93-986.ZO.html

1995 ShrinkMo v. Maupin, 892 F. Supp. 1246 (E.D. Mo. 1995), aff'd, 71 F.3d 1422 (8th Cir. 1995), http://www.ca8.uscourts.gov/opndir/95/12/952857P.pdf

1996 W. Va. for Life, Inc. v. Smith, 960 F. Supp. 1036, 1042 (S.D. W. Va. 1996)

1997 Stewart v Taylor (S.D. Ind. 1997)

1997 ACLU of Georgia v. Miller, (977 F.Supp. 1228 (N.D.Ga 1997) http://www2.bc.edu/~herbeck/cyberlaw.acluvmiller.html

1997 ACLU v. Reno, 117 S.Ct. 2329 (1997) http://en.wikipedia.org/wiki/Reno_v._American_Civil_Liberties_Union

1997 ALA v. Pataki, 969 F.Supp 160 (1997) http://www.loundy.com/CASES/ALA_v_Pataki.html

1997 Kentucky Right to Life v. Terry, 108 F.3d 637 (6th Cir. 1997)      

1998 Arkansas Right to Life v. Butler, 29 F.Supp.2d 540 (W.D.Ark 1998), sustained on other grounds 146 F.3d 558 (8th Cir 1998)

1998 Doe v. Mortham, 708 So.2d 929 (Fla.1998)

1998 Gable v. Patton, 142 F.3d 940 (6th Cir. 1998)

1998 Washington ex rel Public Disclosure v. 119 Vote No!, 957 P.2d 691 (1998)

1998 Riley v. Federation of the Blind, 487 U.S. 781 (1998) http://laws.findlaw.com/us/487/781.html

1999 Buckley v. American Constitutional Law Foundation, 525 U.S. 182 (1999)

1999 Cyberspace v. Engler, 55 F.Supp.2d 737 (E.D. Mich 1999) http://www.cyberspace.org/cyberspace/lawsuit/

1999 doublecheck dates Griset v. Fair Political Practices Commission, 69 Cal. App. 4th 818, 82 Cal. Rptr.2d 25(1999), reversed on other grounds,

2000 Anonymous v. Delaware, 2000 Del. Ch. Lexis 84 (2000),

2000 Citizens for Responsible Gov't State PAC v. Davidson, 236 F.3d 1174, 2000 (10th Cir. 2000);

2000 N.C. Right to Life, Inc. v. Leake, 108 F. Supp. 2d 498, 510 (E.D. N.C. 2000)

2000 Seymour v. Election Enforcement Comm'n, 762 A.2d 880, 892-94 (Conn. 2000)

2000 Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376, 392 (2d Cir. 2000); (disclaimers, or express adv?)

2000x Doe v. 2theMart, 140 F.Supp.2d 1088, http://cyber.law.harvard.edu/stjohns/2themart.html

2001 FEC v. Public Citizen, 268 F.3d 1283 (11th Cir. 2001),

2001 Melvin v Doe, 2001 Pa. Super. 33044 P.3d 1044 (2002)

2002 Tattered Cover v Thornton, 44 P.3d 1044 (Co. 2002)

2002 Free Speech Coalition, Ashcroft v., 535 U.S. 234 (2002)http://www.law.cornell.edu/supct/html/00-795.ZS.html

2002 Ogden v Marendt 264 F.Supp.2d 785 (S.D. Ind. 2003)

2003 Doe v. Texas, 2003 Tex. Crim. App. LEXIS 88 (Tex. Crim. App. May 14, 2003).

2003, 2004 Majors v. Abell, 317 F.3d 719 (7th Cir. 2003), 792 NE2d 18 (Ind. 2003), 361 F.2d 349 (2004), http://www.liebertonline.com/doi/abs/10.1089/153312903321578269?cookieSet=1&journalCode=elj http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=02-2204&submit=showdkt&yr=02&num=2204A.P

2004 ACLU v Heller 378 F3d 979 (9^th cir. 2004) http://openjurist.org/378/f3d/979/american-civil-liberties-union-of-nevada-v-heller

2004 ACLU v. Ashcroft, _ U.S. _ (2004), http://en.wikipedia.org/wiki/ACLU_v._Ashcroft_(2004) see Doe v Gonzales, 546 U.S. 1301 (2005),

2008 The Broward Coalition v. Browning (N.D. Fla. 2008)

2009 Center For Individual Liberty v Ireland 1:08-cv-00190 (W.D.WV 2009)

2009 Michael James Berger, aka Magic Mike v. City of Seattle (9th Cir. 2009)

2011 NOM v McKee

2011 CFIF v Tenant

2012 Vermont v Green River Future

CO tattered cover

Freedom’s Heritage v. FEC, FEC v. Freedom's Heritage Forum, No. 3:98CV-549-S (W.D. Ky September 29, 1999). FEC v. FREEDOM'S HERITAGE FORUM, ET AL.,March 28, 2002, August 14, 2003

2012 Hatchett v Barland, (E.D.Wi) , on appeal to 7^th Cir.

http://www.jamesmadisoncenter.org/press/files/2011/09/order-on-SJ1.pdf

2001? GA EFF v Miller

http://de.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CDE%5CDE2%5C1974%5C19740731_0002.DE.htm/qx

http://lw.bna.com/lw/19980630/64332.htm

http://weblogs.sun-sentinel.com/news/politics/broward/blog/ECO.order.pdf

http://test.gab.wi.gov/sites/default/files/publication/63/campaign_finance_overview_localcandidates_pdf_13057.pdf

http://www.mediacoalition.org/mediaimages/june1decisioncyber.pdf

http://www.morelaw.com/verdicts/case.asp?n=05-35752&s=WA&d=40488

KY Anderson

ME RTL

199x N.Dakota v. N.D. Ed. Assoc., 262 N.W.2d 731 http://www.ndcourts.com/court/opinions/612.htm

overruled 67 Ohio St. 3d 391; 618 N. E. 2d 152

Smithers v Fla. E.C.

State v. Acey (TN),

Tornillo v Miami Herald http://en.wikipedia.org/wiki/Miami_Herald_Publishing_Co._v._Tornillo

VA RTL ?

WA no on 119

2012 Wisconsin Prosperity Network v. Myse pending 2012 WI supreme court (dismissed 3/19/2012)

=

Circuit cases about disclaimers

1983 KVUE, Inc. v. Moore, 709 F.2d 922, 937 (5th Cir. 1983), aff'd on other grounds, 465 U.S. 1092 (1984)

1987 Wilson v. Stocker, 819 F.2d 943, 950 (10th Cir. 1987);

1995 ShrinkMo v. Maupin, 892 F. Supp. 1246 (E.D. Mo. 1995), aff'd, 71 F.3d 1422 (8th Cir. 1995), http://www.ca8.uscourts.gov/opndir/95/12/952857P.pdf

1997 Kentucky Right to Life v. Terry, 108 F.3d 637 (6th Cir. 1997)      

1998 Arkansas Right to Life v. Butler, 29 F.Supp.2d 540 (W.D.Ark 1998), sustained on other grounds 146 F.3d 558 (8th Cir 1998)

1998 Gable v. Patton, 142 F.3d 940 (6th Cir. 1998)

2000 Citizens for Responsible Gov't State PAC v. Davidson, 236 F.3d 1174, 2000 (10th Cir. 2000);

2000 Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376, 392 (2d Cir. 2000);

2001 FEC v. Public Citizen, 268 F.3d 1283 (11th Cir. 2001),

McConnell v FEC

2003, 2004 Majors v. Abell, 317 F.3d 719 (7th Cir. 2003), 792 NE2d 18 (Ind. 2003), 361 F.2d 349 (2004),

2004 ACLU v Heller 378 F3d 979 (9th cir. 2004)

WRTL I and II

MN GOP v White

Citizens United

2011 NOM v McKee (1^st Cir. 2011)

==

Cases in harmony with Talley (and McIntyre)

1987 Wilson v. Stocker, 819 F.2d 943, 950 (10th Cir. 1987);

1995 ShrinkMo v. Maupin, 892 F. Supp. 1246 (E.D. Mo. 1995), aff'd, 71 F.3d 1422 (8th Cir. 1995), http://www.ca8.uscourts.gov/opndir/95/12/952857P.pdf     

1998 Arkansas Right to Life v. Butler, 29 F.Supp.2d 540 (W.D.Ark 1998), sustained on other grounds 146 F.3d 558 (8th Cir 1998)

2000 Citizens for Responsible Gov't State PAC v. Davidson, 236 F.3d 1174, 2000 (10th Cir. 2000);

2000 Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376, 392 (2d Cir. 2000) (mixed outcome)

2004 ACLU v Heller 378 F3d 979 (9th cir. 2004)

Cases in opposition to Talley (and McIntyre)

1983 KVUE, Inc. v. Moore, 709 F.2d 922, 937 (5th Cir. 1983), aff'd on other grounds, 465 U.S. 1092 (1984)

1997 Kentucky Right to Life v. Terry, 108 F.3d 637 (6th Cir. 1997)      

1998 Gable v. Patton, 142 F.3d 940 (6th Cir. 1998)

2000 Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376, 392 (2d Cir. 2000) (mixed outcome)

2001 FEC v. Public Citizen, 268 F.3d 1283 (11th Cir. 2001),

2003, 2004 Majors v. Abell, 317 F.3d 719 (7th Cir. 2003), 792 NE2d 18 (Ind. 2003), 361 F.2d 349 (2004),

2011 NOM v McKee (1st Cir. 2011)

Circuits complying with Talley: 2^nd (mixed outcome), 8^th, 9^th, 10^th

Circuits in opposition to Talley: 1^st, 5^th, 6^th, 7^th, 11^th,

State supreme courts in harmony with Talley

CO, DE, (FL), ID, IL, LA, MA, ME, MO, ND, NY

State supreme courts in opposition to Talley

NC, TN, KY

Charges have been dropped against Shaffer, not yet against his sister and the other guy. Martin is planning to sue.
Charges dropped against city councilman
by Matt Harvey, Assistant Managing Editor
Wednesday, September 16, 2009 6:32 AM CDT


CLARKSBURG — Two misdemeanor charges lodged against Clarksburg City Councilman Martin Shaffer the night before the city’s June election have been dismissed.

Shaffer had been charged June 1 with circulation of anonymous written matter and conspiracy for his role in the production of an anonymous document that criticized members of city council.

On Monday morning, Harrison Magistrate Keith Marple granted the motion to dismiss that had been filed by Special Prosecutor Eric Wildman, an assistant prosecutor for Marion County Prosecutor Pat Wilson.

Wildman’s motion said the state “no longer wishes to pursue prosecution at this time,” and asked the court “to dismiss without prejudice.”

Wildman faxed the motion to Marple prior to a scheduled pretrial conference.

Reached afterward, the Marion County assistant prosecutor said he had made the motion based on his “interpretation of the statutory language, the fact no expressed advocacy was contained in the language (of the newsletter) itself. And, I think we were going to have a difficult time with the prosecution of the case.”

Wildman said he asked for the dismissal without prejudice, which means the charge could be brought again, in case any new evidence would surface that would “change my mind.”

Shaffer showed up for Monday’s hearing, and met briefly with Kelly Kimble, of the law firm Reed Kimble PLLC that represents him.

“I’m glad that this phase of this is over so we can get on with city business,” he told The Exponent Telegram following the dismissal. “I’m disappointed that it happened, but you know ...”

Shaffer also said he believes that “sometimes it’s wise to let the prosecuting attorney people look into the facts before arresting someone the night before the election.”

Kimble referred comment to Traci Cook, the lawyer who handled most of the case for Reed Kimble.

Cook praised Wilson’s office for the way the case was handled.

And, she said she thinks the law should be reviewed.

“I think first, it can be applied incorrectly,” she said. Also, “it has a cooling effect on the First Amendment, the freedom of speech.”

As previously reported, the state law that authorities cited in Shaffer’s arrest has been under a federal injunction since 1996. The injunction permanently bans enforcement of the law.

The law states that “no person may publish, issue or circulate” anonymous material that either supports or aids the defeat of a candidate for public office. The law may be enforced only if the material includes “express advocacy.” Examples of express advocacy include phrases like “vote for” and “support.”

Although the so-called newsletter criticized councilmen Sam “Zeke” Lopez and Jim Hunt, it made no official endorsements.

Clarksburg Police Lt. Robert Matheny previously said the decision to move forward with the arrest was reached the afternoon of June 1 among himself, Secretary of State Chief Investigator Amber Kroening and the Secretary of State’s general counsel.

However, Secretary of State Natalie Tennant said Monday her agency does not make recommendations to any law enforcement agency.

Tennant acknowledged Matheny and Kroening probably had a discussion, “but did she recommend he take any action?”

And then, questioned further, the secretary of state said Kroenig “did not make any recommendation to the city police.”

Matheny agreed that Kroenig offered no recommendation.

“The general counsel for the Secretary of State’s office, that’s who we took direction from,” he said. It was not a recommendation, Matheny indicated.

He added that police only asked for involvement from the Secretary of State’s office because Councilman Shaffer is related to Harrison Prosecutor Joe Shaffer.

“Normally in (such) a case we would confer with the prosecutor,” Matheny said.

Clarksburg City Manager Martin Howe, in a written communication, said he was “very disappointed with the decision by the Special Prosecuting Attorney appointed from Marion County, Pat Wilson’s decision to dismiss the charges ...”

“If the State of WV doesn’t want to enforce these election laws, nor do they want our local Chief Election Official to enforce the laws, then the appropriate actions ... need to be taken by our Secretary of State’s Office and the state (legislators) to redact these state laws,” Howe wrote.

Howe also said Clarksburg’s city clerk is preparing a letter to the Secretary of State’s office “to clarify the election laws” involved in the case.

“If this is case law, we are asking for clarification on how the laws should be enforced going forward for future elections,” Howe wrote.
====

http://lawprofessors.typepad.com/media_law_prof_blog/2009/06/anonymous-speech-online.html
student article, includes several cases i'd missed,
Virginia v Janes (spammer case), Doe v Cahill (Smyrna case re discovery subpoenas)
ACLU vb Johnson (indecent re minors on internet).
Miguel E. Larios, The John Marshall Law School, has published "E-Publius Unum: Anonymous Speech Rights Online. 5lariosm at stu.jmls.edu

I have written a (draft of a)n amicus brief in the State v Shaffer case.
The text is here: http://shaffercase.blogspot.com/2008/07/3rd-draft-of-amicus-brief.html
If you prefer an .rtf version, email me gtbear at gmail dot com.

Doing a bit of online research, I've run into that unpublished case which tells the backstory of Margaret McIntyre. Read the whole thing, as they say.
McIntyre, 115 S. Ct. at 1514. The April 27th meeting marked the beginning of a long
and unpleasant battle over the tax levy in Westerville. See Hansen v. Westerville City
Sch. Dist., Nos. 93-3231, 93-3303, 1994 WL 622153 (6th Cir. Nov. 7, 1994), cert. denied
115 S. Ct. 2611 (1995). http://bulk.resource.org/courts.gov/c/F3/43/43.F3d.1472.93-3303.93-3231.html, unpublished opinion tells the story of mcintyre.
McIntyre is often discussed as if she was a "lone pampleteer", and some of the statutes have been revised to provide lone pampleteer exceptions. But she was part of a larger gang, some of whom sued after being attacked by cops at a public hearing on the tax increase.

Special prosecutor appointed in Shaffer case
by Billy Wolfe STAFF WRITER
Friday, June 26, 2009 6:32 AM CDT
CLARKSBURG — Harrison Chief Circuit Judge Thomas A. Bedell appointed a special prosecutor Wednesday to handle the criminal case against City Councilman Martin Shaffer.
Shaffer was arrested June 1 for his role in the production of an anonymous document that criticized members of city council.
Bedell said Wednesday that Marion County Prosecutor Pat Wilson, or one of Wilson’s designees, will handle the case.
Wilson was out of town Wednesday and could not be reached for comment.
Harrison County Prosecutor Joe Shaffer has stepped down from the case because Martin Shaffer is his uncle.
Clarksburg Police arrested Councilman Shaffer the day before the recent municipal election and charged him with two misdemeanors for violating state election laws.
Two other arrest warrants have been issued in connection with the case. Both suspects are in Arizona and have not yet been served with the warrants, according to Clarksburg Police Lt. Robert Matheny.
As previously reported, the state law that authorities cited in Shaffer’s arrest has been under a federal injunction since 1996. The injunction permanently bans enforcement of the law.
The law states that “no person may publish, issue or circulate” anonymous material that either supports or aids the defeat of a candidate for public office. The law may be enforced only if the material includes “express advocacy.” Examples of express advocacy include phrases like “vote for” and “support.”
Although the so-called newsletter criticized councilmen Sam “Zeke” Lopez and Jim Hunt, it made no official endorsements.
At least two national nonprofit law firms have come out strongly against the arrest, saying that police violated Councilman Shaffer’s right to freedom of speech.
Shaffer said he has been in contact with both the Institute for Justice and the Center for Competitive Politics. The agencies have been advising Shaffer on his legal rights, he said.
The story also has been reported on by national political blogs like the Daily Kos.
The West Virginia Secretary of State’s office, which advised police on the legality of the arrest, has refused to comment on the ongoing investigation.
City Manager Martin Howe, who publicly announced the city was launching an investigation into the newsletter’s origins during an April 26 press conference, deferred all questions to the police department. Howe has called the document “slanderous,” and “illegal.”
Shaffer has also chosen a lawyer for his defense.
Morgantown attorney Traci Cook, who is Harrison County’s former chief assistant prosecutor, confirmed Wednesday she will represent the councilman in court.
Cook did not wish to comment on the case just yet.
“We are still in the early stages,” she said.

In another turn of events, City Attorney Greg Morgan said a citizen has issued to him a notice to “cease and desist” with Councilman Shaffer’s prosecution.
According to the notice, “Shaffer’s conduct, and that of the others, was legal, and he was subjected to a false arrest.”
Morgan said the individual is “entitled to have their opinion and to have it heard” but that he is not the appropriate person to receive the notice. He said the notice should have instead been issued to the prosecutor handling the case.
Morgan said Wednesday he will forward the cease and desist notice to Wilson’s office.

Staff writer Billy Wolfe can be reached at (304) 626-1404 or by e-mail at bwolfe@exponent-telegram.com

wv CONSTITUTION NOTES
3-3. Rights reserved to people.

Government is instituted for the common benefit, protection and security of the people, nation or community. Of all its various forms that is the best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter or abolish it in such manner as shall be judged most conducive to the public weal.
All men are, by nature, equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely: The enjoyment of life and liberty, with the means of acquiring and possessing property, and of pursuing and obtaining happiness and safety.
3-7. Freedom of speech and press guaranteed.

No law abridging the freedom of speech, or of the press, shall be passed; but the Legislature may, by suitable penalties, restrain the publication or sale of obscene books, papers, or pictures, and provide for the punishment of libel, and defamation of character, and for the recovery, in civil actions, by the aggrieved party, of suitable damages for such libel, or defamation.

3-16. Right of public assembly held inviolate.

The right of the people to assemble in a peaceable manner, to consult for the common good, to instruct their representatives, or to apply for redress of grievances, shall be held inviolate.