Brown v. Socialist Workers '

74 CAMPAIGN COMMITTEE 459 U.S. 87 (1982)

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Nature of the Case

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Facts

P is a political party with approximately 60 members in the State of Ohio. Its aim is 'the abolition of capitalism and the establishment of a workers' government to achieve socialism. P does not advocate the use of violence. It seeks instead to achieve social change through the political process, and its members regularly run for public office. In 1980, P's candidate for the United States Senate received fewer than 77,000 votes, less than 1.9% of the total vote. Campaign contributions and expenditures in Ohio have averaged about $15,000 annually since 1974. P instituted a class action challenging the constitutionality of the disclosure provisions of the Ohio Campaign Expense Reporting Law. Every candidate for political office must file a statement identifying each contributor and each recipient of a disbursement of campaign funds. The lists of names and addresses of contributors and recipients are open to public inspection for at least six years. Violations of the disclosure requirements are punishable by fines of up to $ 1,000 for each day of violation. § 3517.99. The District Court barred the enforcement of the disclosure requirements. After reviewing the 'substantial evidence of both governmental and private hostility toward and harassment of P members and supporters,' the three-judge court concluded that the disclosure requirements are unconstitutional as applied to P. D appealed.