[EL] Check out F.D.A. Surveillance of Scientists Spread to Outside Critic...

[Joe La Rue]

Well said, Allen. And that really is my point. I intend no disrespect to
the judges who sat on these cases. I simply note that the fact that
*they *didn't
find the evidence sufficiently compelling to warrant a *Socialist Workers
Party *exemption doesn't mean that Jim Bopp and his associates didn't
catalog numerous examples of harrassment, some of which was downright
frightening.

Joe
___________________
*Joseph E. La Rue*
cell: 480.272.2715
email: joseph.e.larue at gmail.com


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On Mon, Jul 16, 2012 at 8:48 AM, Allen Dickerson <
adickerson at campaignfreedom.org> wrote:

> I presume most of us have a high opinion of federal judges. But I think
> people are talking past each other.****
>
> ** **
>
> A judge made particular factual findings in a particular case. Well and
> good. That doesn’t prove anything universal, or we wouldn’t have a
> relevance requirement in the Rules of Evidence.****
>
> ** **
>
> The quantum of evidence required to obtain a *Socialist-Workers*-style
> exception, and the quantum required to make a policy argument, are
> different. I took Jim’s point to be broadly about the danger of chill
> emanating from disclosure of particular political activity. The fact this
> record didn’t convince a judge doesn’t mean that it didn’t, or shouldn’t,
> convince legislators. Or, for that matter, academics and practitioners. **
> **
>
> ** **
>
> I haven’t examined the record in sufficient detail to know how this comes
> out. But you can’t foreclose the broader policy discussion based solely on
> this ruling.**
>
> ** **
>
> ** **
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *Rick Hasen
>
> *Sent:* Monday, July 16, 2012 11:39 AM
> *To:* Joe La Rue
> *Cc:* JBoppjr at aol.com; law-election at uci.edu
> *Subject:* Re: [EL] Check out F.D.A. Surveillance of Scientists Spread to
> Outside Critic...****
>
> ** **
>
> My experience in the trial courts is that almost all judges do an
> excellent job when it comes to factfinding.  Is that not your experience?
> If you disagree with the judge's factual findings in the case, you can
> appeal, and my sense is that appellate courts generally do a very good job
> reviewing factual findings under a substantial evidence rule.
>
> When it comes to the value judgments Supreme Court Justices make in
> constitutional cases, that is a different matter---they mask their value
> judgments behind factual findings.  And I've been just as critical of how
> liberal Justices do it (see my criticism<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=241458>of Justice Souter's opinion in Shrink Missouri on the quantum of evidence
> sufficient to support contribution laws) as conservative Justices.
>
> Do you have a particular complaint about the factual findings of the
> judges in the Prop 8 and Doe v. Reed cases, other than the typical
> complaints of a lawyer who has lost a case before a judge?
>
> ****
>
> On 7/16/2012 8:33 AM, Joe La Rue wrote:****
>
> Rick, you of all people should recognize that just because a court "finds"
> something, that doesn't make it so. I've read your criticism of various
> statements of, say, CJ Roberts, in which you question both his motives and
> whether he acted in a principled manner.
> ****
>
>  ****
>
> Joe
> ___________________
> *Joseph E. La Rue*****
>
> cell: 480.272.2715
> email: joseph.e.larue at gmail.com****
>
>
>
> CONFIDENTIALITY NOTICE:  This e-mail message, including any attachments,
> is for the sole use of the intended recipient(s) and may contain
> confidential and privileged information or otherwise be protected by law.
> Any unauthorized review, use, disclosure or distribution is prohibited. If
> you are not the intended recipient, please contact the sender by reply
> e-mail and destroy all copies of the original message. ****
>
>
>
> ****
>
> On Mon, Jul 16, 2012 at 8:31 AM, Rick Hasen <rhasen at law.uci.edu> wrote:***
> *
>
> Enough already of the unsupported claims of massive harassment.  These
> were tested in Court.  Here's the relevant portion of the trial court's
> decision granting summary judgment against Jim's clients on this issue.
> I've put in bold some of the more relevant findings.****
> ProtectMarriage.com v. Bowen
> 830 F.Supp.2d 914
> E.D.Cal.,2011.
> November 04, 2011 (Approx. 34 pages)****
>
>
>
> Moreover, while Plaintiffs are quite correct that under *Buckley*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1976142308&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>evidence of harassment “from either Government officials or private
> parties” could suffice to establish the requisite proof of reprisals, the
> facts of subsequent cases evidence not only the existence of some
> governmental hostility, but quite pervasive governmental hostility at that.
> *Buckley,* 424 U.S. at 74, 96 S.Ct. 612<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1976142308&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>(emphasis added);
> *see also **McArthur,* 716 F.Supp. at 594<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=345&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1989115620&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=S&pbc=154255A8&referenceposition=594&utid=1>(“[H]arassment, reprisals or threats from private persons are sufficient to
> allow [the] court to enforce the plaintiff's first amendment rights by
> cloaking the contributors and recipients' names in secrecy.”).****
>
> Indeed, the *Brown*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982152768&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>Court was confronted with countless acts of government harassment and
> retribution against members of the SWP, which are detailed above.
> Furthermore, in *Hall–Tyner,*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982123204&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>the Second Circuit stated, “[t]he evidence relied on by the district judge
> included the extensive body of state and federal legislation subjecting
> Communist Party members to civil disability and criminal liability, reports
> and affidavits documenting the history of governmental surveillance and
> harassment of Communist Party members, as well as affidavits indicating the
> desire of contributors to the Committee to remain anonymous.” 678 F.2d at
> 419<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=350&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982123204&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=S&pbc=154255A8&referenceposition=419&utid=1>
> .****
>
> ** **
>
> *Plaintiffs do not, indeed cannot, allege that the movement to recognize
> marriage in California as existing only between a man and a woman is
> vulnerable to the same threats as were socialist and communist groups, or,
> for that matter, the NAACP. Proposition 8 supporters *932 promoted a
> concept entirely devoid of governmental hostility. Plaintiffs' belief in
> the traditional concept of marriage, to disagreement, have not historically
> invited animosity. The Court is at a loss to find any principled analogy
> between two such greatly diverging sets of circumstances.*****
>
> ** **
>
> *Finally, Plaintiffs' exemption argument appears to be premised, in large
> part, on the concept that individuals should be free from even legal
> consequences of their speech. That is simply not the nature of their right.
> *****
>
> ** **
>
> Just as contributors to Proposition 8 are free to speak in favor of the
> initiative, so are opponents free to express their disagreement through
> proper legal means.****
>
> ** **
>
> **17 *While the Court is cognizant of the deplorable nature of many of
> acts alleged by Plaintiffs, the Court also must reiterate that the legality
> or morality of any specific acts is not before it. Thus, as much as the
> Court strongly condemns the behavior of those who resort to violence,
> and/or other illegal behavior, the Court need not, indeed cannot, evaluate
> the proper legal consequences of those actions today.*****
>
> ** **
>
> By the same token, nothing in the Court's decision immunizes or excuses
> those who have engaged in illegal acts from the consequences of their
> conduct. Those responsible for threatening the lives of supporters of
> Proposition 8 are subject to criminal liability. See Troupis Decl., Exh. C
> (noting that the Fresno chief of police stated the department was “close to
> making an arrest” in the case of the death threats delivered to the mayor
> and a local pastor.) Those choosing to vandalize the property of
> individuals or the public are likewise liable. Those mailing white powder
> to organizations are subject to federal prosecution. In each case, there
> are appropriate legal channels through which to rectify and deter the
> reoccurrence of such reprehensible behavior.****
>
> ** **
>
> As much *as those channels are available today, it is unlikely that
> groups previously successful in seeking exemptions were privy to the same
> opportunities. Again, Plaintiffs have shown no societal or governmental
> hostility to their cause. Contrary to groups such as the SWP, Plaintiffs
> can seek adequate relief from law enforcement and the legal system. *Such
> was not the case for those thought to be supporting the SWP or communist
> groups, those subject to actual criminal liability based on their beliefs
> and their associations.****
>
>
> *ProtectMarriage.com,* 599 F.Supp.2d at 1217–1218<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=4637&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2018198951&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=S&pbc=154255A8&referenceposition=1217&utid=1>
> .****
>
> Despite Plaintiffs attempt now to put forth additional evidence of
> threats, harassment and reprisals, the Court's findings remain the same.
> More specifically, despite the additional declarations and exhibits that
> are now before the Court, Plaintiffs still run into problems of
> proportionality and magnitude.****
>
> ** **
>
> *First, while Plaintiffs characterize their evidence as voluminous and
> comprised of “virtually countless reports of threats, harassment, and
> reprisals,” Plaintiffs' Motion, 4:14–15, they have pointed to relatively
> few incidents allegedly suffered by persons located across the entire
> country who had somehow manifested their support for traditional marriage.
> *In addition, while the evidence before this Court indicates that at
> least 7 million voters showed up at the California polls alone to support
> the passage of Proposition 8, this number, though large, still deceptively
> underestimates the number of supporters for Plaintiffs' cause. Indeed, this
> figure does not capture all individuals supporting Proposition 8 on a
> national scale, nor does it capture those individuals who may have no
> connection to California's campaign, but *933 have supported the same
> cause in other regions. Plaintiffs' evidence of harassment, nonetheless
> extends much farther than California's borders and includes incidents that
> arose in other states and that were directed at the much broader social
> issue of gay marriage in general.****
>
> ** **
>
> **18 Accordingly, even assuming Plaintiffs could, under some set of
> circumstances, prove an entitlement to an exemption, they would need
> evidence of thousands of acts of reprisals, threats or harassment, spanning
> much more than the short period of time covering California's
> ballot-initiative process to prove contributors to such a massive group are
> entitled to anonymity of the type justified years ago for the individuals
> in *Brown*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982152768&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>and
> *NAACP.*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1958121466&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>The declarations of 58 individuals signed in the months just following the
> election, along with Plaintiffs' anecdotal evidence from the same time
> period as documented in Exhibits 3 and 4, is simply insufficient on the
> facts of this case to convince this Court an ordinary contributor to
> Proposition 8 would have faced any backlash worthy of quashing the names of
> all contributors.FN9<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#B00992026501938>
> *See, e.g., **Doe v. Reed,* 130 S.Ct. at 2829<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2022366335&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=S&pbc=154255A8&referenceposition=2829&utid=1>(taking the position exemptions may be permitted “in the rare circumstance
> in which disclosure poses a reasonable probability of serious and
> widespread harassment”) (Sotomayor, J., concurring-joined by Stevens and
> Ginsburg).****
>
> ** **
>
> FN9.<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#F00992026501938>
> * Plaintiffs even acknowledge in their papers that only a minority of
> individuals on the other side of the campaign resorted to the complained of
> tactics that are cause for concern. Plaintiffs' Motion, 1:10–12 (“Some
> groups and individuals, certainly a minority, have resorted to advancing
> their cause, not by debating the merits of the issue, but by discouraging
> participation in the democratic process through acts calculated to
> intimidate.”) (emphasis added).*
>
> ****
>
> [2]<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#F22026501938> [image:
> Headnote Citing References]<http://web2.westlaw.com/KCNotes/default.wl?mt=LawSchoolPractitioner&locatestring=HD%28002%29%2cCL%28H%2cO%29%2cDC%28A%2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&utid=1&n=1&rlt=CLID_FQRLT799262410167&service=Find&pbc=154255A8&rp=%2fKCNotes%2fdefault.wl&vr=2.0&rlti=1&sv=Split&fn=_top&serialnum=2026501938&rs=WLW12.04>
> *Moreover, as the Court previously observed, notably absent from the
> record here are any instances in which Plaintiffs have suffered any sort of
> governmental backlash.* While, based on the language derived from *
> Buckley,*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1976142308&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>governmental harassment is not necessarily a required showing, it is a
> factor for this Court to consider. Indeed, some governmental animosity has
> been present in all other cases in which an exemption has been permitted.
> Perhaps recognizing this, Plaintiffs argue “[t]here can be no question that
> in many areas in California, and around the country, views against same-sex
> marriage ... are extremely unpopular” and “[e]ven our courts of law have
> characterized those who fight against such laws as advocates of hate and
> bigotry who act ‘without reason.’ ” Plaintiffs' Motion, 12:15–18.
> Nonetheless, any attempt by Plaintiffs to show governmental animosity here
> is half-hearted at best. As described above, parties entitled to an
> as-applied exemption (namely the NAACP and the SWP) in the past had
> suffered from systematic governmental discrimination, persecution and
> abuse. Those plaintiffs were not only directly victimized by the
> government, they consequently lacked adequate recourse to pursue means
> short of non-disclosure to protect against private violence. In this case,
> Plaintiffs cannot assert that there is some sort of governmental hostility
> to their cause, nor can they in good conscience argue that law enforcement
> was or would be non-responsive to any illegal acts directed at Plaintiffs
> contributors.FN10<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#B010102026501938>
> ****
>
> ** **
>
> FN1*0.*<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#F010102026501938>
> * Plaintiffs do argue that their contributors were victimized despite
> existing laws criminalizing the underlying conduct. Essentially, Plaintiffs
> argue those laws did nothing to deter criminal behavior. However,
> Plaintiffs have not alleged that any law enforcement response was
> insufficient, that law enforcement has somehow turned a blind eye to any
> criminal conduct, or that criminal sanctions will not be imposed if
> appropriate. That is a critical distinction between the instant case and
> past cases such as Brown<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982152768&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>and
> NAACP.*
>
> ****
>
> *934 To the contrary, Plaintiffs' own evidence indicates law enforcement
> was not only responsive, but diligent in undertaking investigations into
> some of the more heinous acts alleged here. This factor is critical in
> light of the comments made by several concurring Justices in *Doe v. Reed,
> * indicating the ability of law enforcement to deal with threats,
> harassment and reprisals would weigh heavily against a need for an
> exemption. *See, e.g.,* *Doe,* 130 S.Ct. at 2829<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2022366335&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=S&pbc=154255A8&referenceposition=2829&utid=1>(exemption may be warranted “in the rare circumstance in which disclosure
> poses a reasonable probability of serious and widespread harassment that
> the State is unwilling or unable to control”) (Sotomayor, J., concurring,
> joined by Stevens and Ginsburg); *id.* at 2831<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2022366335&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>(“From time to time throughout history, persecuted groups have been able to
> criticize oppressive practices and laws either anonymously or not at all
> ... In my view, this is unlikely to occur in cases involving the PRA. Any
> burden on speech that petitioners posit is speculative as well as indirect.
> For an as-applied challenge to a law such as the PRA to succeed, there
> would have to be a significant threat of harassment directed at those who
> sign the petition that cannot be mitigated by law enforcement measures.”)
> (Stevens and Breyer, JJ., concurring); *id.* at 2837<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2022366335&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>(“There are laws against threats and intimidation; and harsh criticism,
> short of unlawful action, is a price our people have traditionally been
> willing to pay for self-governance.”) (Scalia, J., concurring).****
>
> ** **
>
> **19 I*n addition, the vast majority of the incidents cited by Plaintiffs
> are arguably, as characterized by Defendants, typical of any controversial
> campaign. For example, picketing, protesting, boycotting, distributing
> flyers, destroying yard signs and voicing dissent do not necessarily rise
> to the level of “harassment” or “reprisals,” especially in comparison to
> acts directed at groups in the past. Moreover, a good portion of these
> actions are themselves forms of speech protected by the United States
> Constitution.* Indeed this Court previously held that:****
>
> ** **
>
> [T]he Court simply cannot ignore the fact that numerous of the acts about
> which Plaintiffs complain are mechanisms relied upon, both historically and
> lawfully, to voice dissent. The decision and ability to patronize a
> particular establishment or business is an inherent right of the American
> people, and the public has historically remained free to choose where to,
> or not to, allocate its economic resources. As such, individuals have
> repeatedly resorted to boycotts as a form of civil protest intended to
> convey a powerful message without resort to non-violent means. The Supreme
> Court has acknowledged these rights on many an occasion:****
>
> ** **
>
> In *Thornhill v. Alabama,* 310 U.S. 88, 60 S.Ct. 736, 84 L.Ed. 1093 (1940)<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1940125855&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>,
> the Court held that peaceful picketing was entitled to constitutional
> protection, even though, in that case, the purpose of the picketing “was
> concededly to advise customers and prospective customers of the
> relationship existing between the employer and its employees and thereby to
> induce such customers not to patronize the employer.” *Id.* at 99, 60
> S.Ct. 736.<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1940125855&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>
> *Cf. **Chauffeurs v. Newell,* 356 U.S. 341, 78 S.Ct. 779, 2 L.Ed.2d 809 [
> (1958) ]<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1958207756&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>.
> In *Edwards v. South Carolina,* 372 U.S. 229, 83 S.Ct. 680, 9 L.Ed.2d 697
> [ (1963) ],<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1963101511&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>we held that a peaceful march and demonstration was protected by the rights
> of free speech, free assembly, and freedom to petition for a redress of
> grievances.****
>
> ** **
>
> *NAACP v. Claiborne Hardware Co.,* 458 U.S. 886, 909, 102 S.Ct. 3409, 73
> L.Ed.2d 1215 (1982)<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982130119&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>.
> Notably, “[s]peech does not lose its protected character ... simply because
> it may embarrass others or *935 coerce them into action.” *Id.* at 910,
> 102 S.Ct. 3409.<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1982130119&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>
> ****
>
>
> *ProtectMarriage.com,* 599 F.Supp.2d at 1218<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=4637&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2018198951&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=S&pbc=154255A8&referenceposition=1218&utid=1>
> .****
>
> *As to Plaintiffs' allegations of “economic reprisals” in the form of
> voluntary or forced resignations, as opposed to cases in which a relatively
> high percentage of small groups seeking an exemption were actually fired
> from their places of employment, Plaintiffs here have documented no
> terminations. See, e.g., SWP. Rather, Plaintiffs point only to instances
> of several individuals who allegedly resigned amidst controversy over their
> contributions to or support of Proposition 8, but even those individuals
> had their own supporters and nonetheless made the affirmative and
> individual decision to resign.*****
>
> ** **
>
> More troubling here are the few instances of violence or criminal activity
> that do not fall within the realm of protected speech. The Court does not
> take lightly the use of the mail to terrorize people with counterfeit
> biological agents or to threaten the lives of individuals taking a stand
> for their particular beliefs, nor does the Court condone the use of force
> or the escalation of peaceful protests to violence to make one's position
> known. FN11<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#B011112026501938>
> *However, Plaintiffs have produced insufficient evidence that the more
> incendiary events on which they rely were connected to Proposition 8 or to
> gay marriage at all.* Rather, a number of these incidents were directed
> at the Mormon church, which, though a backer of California's proposition,
> may also have been a target for any of a number of other reasons. In
> addition, as stated above, law enforcement appears to have responded
> swiftly and adequately in each of the instances Plaintiffs allege,
> rendering this case distinguishable from all cases in the past where
> exemptions have been granted. And, perhaps more importantly, the Supreme
> Court has never indicated that even a few acts of violence, when directed
> at a target as massive as the groups supporting Plaintiffs, would suffice
> to shield those groups from the scrutinizing light of the political process.
> ****
>
> ** **
>
> FN11.<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#F011112026501938>To the contrary, those resorting to these sorts of tactics do more to
> undermine their cause than to further any civilized and productive
> discourse.
>
> ****
>
> **20 [3]<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#F32026501938> [image:
> Headnote Citing References]<http://web2.westlaw.com/KCNotes/default.wl?mt=LawSchoolPractitioner&locatestring=HD%28003%29%2cCL%28H%2cO%29%2cDC%28A%2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&utid=1&n=1&rlt=CLID_FQRLT799262410167&service=Find&pbc=154255A8&rp=%2fKCNotes%2fdefault.wl&vr=2.0&rlti=1&sv=Split&fn=_top&serialnum=2026501938&rs=WLW12.04>This
> Court also observes that, even assuming there is no “strict” requirement
> that Plaintiffs prove a chilling effect on anticipated speech, any such
> effect is notably absent here. Plaintiffs appear to have had no problem
> collecting contributions and those contributions continued to increase even
> during the most heated portions of the Proposition 8 campaign. Cassady
> Decl., ¶¶ 24–25. A few John Doe declarants mentioned they may be wary of
> donating in the future, but those relatively few individual statements are
> unpersuasive to the Court given Plaintiffs' enormous multi-state backing.
> Plaintiffs have therefore simply not shown any real chill, nor have they
> shown, as feared by *Buckley,*<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1976142308&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>that Plaintiffs' movement was at all susceptible to a fall-off in
> contributions or that, absent an exemption, the movement might not survive.
> *Buckley,* 424 U.S. at 71, 96 S.Ct. 612<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=708&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=1976142308&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>
> .****
>
> ** **
>
> Finally, this case is unique because Plaintiffs' contributors' names were
> actually disclosed years ago and yet Plaintiffs have produced almost no
> evidence of any ramifications suffered in the almost three years
> post-disclosure. While the evidence contained in Plaintiffs' Exhibits 3 and
> 4 contain a few instances of vandalism that have occurred more recently
> than during the height of the Proposition 8 campaign and its aftermath,
> none of those articles draw any real connection between the incidents
> alleged and the victims' support of traditional marriage. *See, e.g.,*Plaintiffs' Exhs. 4–89, 4–90, 4–91, 4–93. Even Plaintiffs'*936
> counsel at oral argument in 2011 admitted he was only aware of one
> instance of harassment that had occurred post-election. Accordingly, from a
> practical perspective, it makes no sense to buy in to the argument that
> disclosure *may* result in repercussions when there is simply no real
> evidence in the record that such repercussions actually *did* occur in
> the past three years. Plaintiffs' evidence is, quite simply, stale. *See *
> *Doe v. Reed,* 823 F.Supp.2d 1195, 1205 n. 3, 2011 WL 4943952 at *10 n. 3
> (W.D.Wash.2011)<http://web2.westlaw.com/find/default.wl?mt=LawSchoolPractitioner&db=0000999&rs=WLW12.04&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2026501938&serialnum=2026358710&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=154255A8&utid=1>
> .****
>
> ** **
>
> Accordingly, while Plaintiffs can point to a relatively few unsavory acts
> committed by extremists or criminals, these acts are so small in number,
> and in some instances their connection to Plaintiffs' supporters so
> attenuated, that they do not show a reasonable probability Plaintiffs'
> contributors will suffer the same fate. Given the grand scale of
> Plaintiffs' campaign and the massive (and national) support they garnered
> for their cause, Plaintiffs' limited evidence is simply insufficient to
> support a finding that disclosure of contributors' names will lead to
> threats, harassment or reprisals.FN12<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#B012122026501938>Plaintiffs' Motion for Summary Judgment as to this claim is DENIED and
> Defendants' Motion for Summary Judgment is GRANTED.****
>
>
> FN12.<http://web2.westlaw.com/result/documenttext.aspx?ss=CNT&mt=LawSchoolPractitioner&utid=1&n=1&cnt=DOC&rlt=CLID_FQRLT799262410167&scxt=WL&service=Find&rp=%2fFind%2fdefault.wl&vr=2.0&cxt=DC&rlti=1&sv=Split&fn=_top&cite=2011+WL+5507204&rs=WLW12.04#F012122026501938>It bears mention that if the Court were to find an exemption warranted
> here, it is likely a similar exemption would prove warranted in any
> election concerning a controversial ballot measure. As a result, those
> issues in which the public shows the greatest interest would be subject to
> the least transparency. ****
>
> ** **
>
> On 7/16/2012 6:34 AM, JBoppjr at aol.com wrote:****
>
> Of course not, this involved scientific critics of the FDA.  The point is
> that government officials will go after critics however they find out about
> them and using the methods they have available.****
>
>  ****
>
> Regarding campaign contribution, in Doe v. Reed and the Prop 8 case, we
> document over 250 incidents of harassment of supporters of Prop 8, many of
> which were only contributors who were map quested on the Internet. A
> campaign of harassment that occurred against them is unusual.  Public
> officials that retaliate against critics are usually very careful to make
> sure that no one knows they are doing it.  The FDA did not send out a press
> release on their actions against their scientific critics either.  Jim Bopp
> ****
>
>  ****
>
> In a message dated 7/15/2012 11:03:48 P.M. Eastern Daylight Time,
> rhasen at law.uci.edu writes:****
>
> I didn't see any evidence in this article that anyone was being harassed
> for making campaign contributions, and as we've discussed on this list *ad
> nauseum* (and as spelled out in more detail here<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1948313>),
> my view of the evidence from two recent cases involving allegations of
> harassment of campaign contributors is that there is no systemic evidence
> that harassment of campaign contributors is a problem.  Rare instances of
> genuine threats of harassment may be dealt with through an "as applied"
> exemption to disclosure laws.
>
>
> ****
>
> On 7/15/12 8:06 AM, Joe La Rue wrote:****
>
> It is interesting that Van Hollen is upset about THIS disclosure. Of
> course, he was number 14 on the list. I guess disclosure is only good when
> it's somebody else's speech that is being disclosed.
>
> On Jul 15, 2012, at 6:28 AM, JBoppjr at aol.com wrote:****
>
> Click here: F.D.A. Surveillance of Scientists Spread to Outside Critics -
> NYTimes.com<http://www.nytimes.com/2012/07/15/us/fda-surveillance-of-scientists-spread-to-outside-critics.html?_r=2&pagewanted=all>
> ****
>
>  ****
>
> Government going after critics, exactly the type of activity that can
> chill political speech and that makes disclosure a burden.  Jim Bopp****
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election****
>
> ** **
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
> Pre-order *The Voting Wars*: http://amzn.to/y22ZTv ****
>
> ** **
>
> ** **
>
> -- ****
>
> Rick Hasen****
>
> Chancellor's Professor of Law and Political Science****
>
> UC Irvine School of Law****
>
> 401 E. Peltason Dr., Suite 1000****
>
> Irvine, CA 92697-8000****
>
> 949.824.3072 - office****
>
> 949.824.0495 - fax****
>
> rhasen at law.uci.edu****
>
> http://law.uci.edu/faculty/page1_r_hasen.html****
>
> http://electionlawblog.org****
>
> Pre-order The Voting Wars: http://amzn.to/y22ZTv****
>
> www.thevotingwars.com****
>
> ** **
>
> ** **
>
>
>
> ****
>
> -- ****
>
> Rick Hasen****
>
> Chancellor's Professor of Law and Political Science****
>
> UC Irvine School of Law****
>
> 401 E. Peltason Dr., Suite 1000****
>
> Irvine, CA 92697-8000****
>
> 949.824.3072 - office****
>
> 949.824.0495 - fax****
>
> rhasen at law.uci.edu****
>
> http://law.uci.edu/faculty/page1_r_hasen.html****
>
> http://electionlawblog.org****
>
> Pre-order The Voting Wars: http://amzn.to/y22ZTv****
>
> www.thevotingwars.com****
>
> ** **
>
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