Ryan v. Kirkpatrick

669 S.W.2d 215, 1984 Mo. LEXIS 243
CourtSupreme Court of Missouri
DecidedApril 16, 1984
DocketNo. 65167
StatusPublished
Cited by6 cases

This text of 669 S.W.2d 215 (Ryan v. Kirkpatrick) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. Kirkpatrick, 669 S.W.2d 215, 1984 Mo. LEXIS 243 (Mo. 1984).

Opinion

GUNN, Judge.

Plaintiffs-appellants in a declaratory judgment action relying on first amendment ground (U.S. Const, amend. I) challenge a specific provision of the Missouri Campaign Finance Disclosure Law1 — § 130.056.1(3), Cum.Supp.1983. Defendants’ motion for summary judgment was granted. This appeal followed and is lodged in this Court by virtue of Mo. Const, art. V, § 3 which vests exclusive appellate jurisdiction in the Supreme Court of all cases involving the validity of a state statute.

We find § 130.056.1(3), which imposes certain strictures on the use of campaign contribution reports, to be in conflict with United States Constitution first amendment rights and reverse the judgment of the trial court.

Plaintiffs are the Tom Ryan for Senate Committee and Tom Ryan, who was unsuccessful candidate for the Democratic nomination for United States senator in 1982.

The Campaign Finance Disclosure Act, specifically, § 130.041.1(3), RSMo 1978, requires candidates seeking nomination or election to public office, and committees, as defined in the Act, working on candidates’ behalf, to file a report with the secretary of state disclosing the name and address of each person contributing $50 or more in support of the candidacy.2

Section 130.056, RSMo Cum.Supp.1983, requires the secretary of state, inter alia, to provide appropriate reporting forms for those mandated to file reports. And, specifically, § 130.056.1(3), RSMo Cum.Supp. 1983, directs the secretary of state to make the campaign disclosure reports available for inspection and copying by any person. But an important proscription applies to the use of the information in the reports as pertains to this ease. It may not be used by any person for the purpose of soliciting contributions.

Section 130.056.1(3), which is the cynosure of this appeal, provides:

1. The secretary of state shall administer the provisions of this chapter and, in connection therewith, shall:
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(3) Make the reports and statements filed with him available for public inspection and copying, commencing as soon as practicable but not later than the end of [217]*217the second day after which a report was received, and permit copying of any such report or statement by hand or by duplicating machine, as requested by any person, at the expense of such person, but no information copied from such reports and statements shall be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose. (Emphasis added.)

Mr. Ryan and his committee want to solicit contributions from contributors appearing on the campaign disclosure reports of certain candidates for public office who seem to share similar political ideology with Mr. Ryan. Section 130.056.1(3) prohibits utilization of the information on the reports “by any person for the purpose of soliciting contributions.” Violation of § 130.056.1(3) is a class A misdemeanor. Sec. 130.081, RSMo 1978. Mr. Ryan, of course, does not want to be a lawbreaker. Therefore, he and his committee feel frustration and indignation over the status of the written law.

Plaintiffs, Mr. Ryan and his committee, assert that the interdiction of § 130.056.-1(3) chills their first amendment right of freedom of speech and political expression by limiting avenues of campaign contribution solicitations. Therefore, they sought judgment in Cole County Circuit Court to declare the restriction unconstitutional.

The Secretary of State and Attorney General, as defendants, counter-argue that opening the list of contributors to solicitations by Mr. Ryan and his committee or anyone else would have a contrary chilling effect on those who would want to contribute but do not desire to be harassed by political fund seekers. Further, the defendants contend that contributors have the right of privacy to not have their names given for release for the purpose of soliciting contributions. The state, therefore, defendants say, has a compelling legitimate interest to protect this right of privacy.

The defendants also argue that the incidental limitation of the use of the information contained in the disclosure report abridges no right of freedom of speech or political association. The defendants further argue that the use of the information in the report places heavy burden on the secretary of state, reducing that office to a tool to promote Mr. Ryan’s candidacy for office.

Several factors render defendants’ arguments unpersuasive.

Under the terms of the act, the names and addresses of contributors required to be submitted by report are public and, in fact, are often reported in newspapers. Defendants concede that Mr. Ryan and his committee could solicit votes from those contributors appearing on the disclosure lists and could go so far as to solicit contributions from those whose names appear in the newspapers. Thus, it appears that there' can be no chilling effect on contributors. The listing of contributors is public domain, and any substantially lawful use can be made of the names, except for solicitation of funds. Moreover, funds can be solicited, if ostensibly from those names appearing in a newspaper — which is often a fact. So the state’s compelling interest in protecting the privacy of contributors fades fast in the light of the publicity which the act generates through operation of its provisions.

Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976) clearly recognizes that public disclosure of names and addresses of contributors to campaigns and the amount of contribution serves a legitimate purpose. This is so despite some deterring effect it may have on those who would otherwise give without attendant publicity. Buckley v. Valeo, id., involved an interpretation of the Federal Election Campaign Act of 1971, as amended in 1974, 2 U.S.C. § 431, et seq., from which the Missouri Campaign Finance Disclosure Act was patterned.3 Thus, the publication re[218]*218quirements of Missouri’s campaign finance disclosure act are constitutionally legitimate under Buckley.

The United States Supreme Court has been consistent in holding that the solicitation of funds for financial support of a legitimate cause receives first amendment protective embrace. Village of Schaumberg v. Citizens for a Better Environment, 444 U.S. 620, 633, 100 S.Ct. 826, 834, 63 L.Ed.2d 73 (1980), reh’g denied, 445 U.S. 972, 100 S.Ct. 1668, 64 L.Ed.2d 250 (1980); New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).

Plaintiffs have indicated primary solicitation would be through the use of the U.S. mail which also is covered by the aegis of the first amendment. Consolidated Edison Co. of New York v. Public Service Commission of New York, 447 U.S. 530, 543, 100 S.Ct. 2326, 2336, 65 L.Ed.2d 319 (1980); Blount v. Rizzi,

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Bluebook (online)
669 S.W.2d 215, 1984 Mo. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-kirkpatrick-mo-1984.