Respect Washington v. Burien Communities for Inclusion, et al.

Twenty four states allow citizens to propose state or local legislation through the initiative and referendum process—a remnant reminder of that consent from which just powers derive. Over 30 years ago this Court expressly recognized that the initiative process rests at the heart of the First Amendment’s protection because it involves communication about governmental policies and constitutes core political speech. Nonetheless, after an initiative has met all time, place and manner restrictions, a routine practice has developed for political opponents to seek an injunction prohibiting people from expressing their views at the ballot box and courts have repeatedly issued such injunctions expressly based on the subject matter of the initiatives. Question: Whether the First Amendment protects the right of citizens to vote on an initiative that meets all time, place and manner requirements for the initiative to qualify for placement on the ballot.