Talley v. California

Talley v. California
Supreme Court of the United States
Argued January 13–14, 1960 Decided March 7, 1960
Full case name	Talley v. California
Citations	362 U.S. 60 (more) 80 S. Ct. 536; 4 L. Ed. 2d 559; 1960 U.S. LEXIS 1948
Holding
The distribution of anonymous handbills is protected by the First Amendment.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Tom C. Clark John M. Harlan II · William J. Brennan Jr. Charles E. Whittaker · Potter Stewart
Case opinions
Majority	Black, joined by Warren, Douglas, Harlan, Brennan, Stewart
Concurrence	Harlan
Dissent	Clark, joined by Frankfurter, Whittaker
Laws applied
U.S. Const. amend. I

Talley v. California, 362 U.S. 60 (1960), was a case in which the Supreme Court of the United States voided a Los Angeles city ordinance which forbade the distribution of any handbills in any place under any circumstances if the handbills did not contain the name and address of the person for whom it was prepared, distributed, or sponsored.

Talley is often cited for the proposition that identification requirements burden speech.

The Importance of Anonymous Speech

Talley v. California is notable for its exposition on anonymous speech. While looking at historical applications of anonymous speech, the court points to two uses in particular that influenced their decision.

1. Fear of Retaliation - Speaking anonymously protects those that criticize oppressive practices from the oppressors.
2. Focus on the Message - Listeners focus on the message rather than the messenger when speech is anonymous.

Dissent

Although the dissent also saw the important protections of anonymous speech, it did not see any danger in this particular instance. The right to speak anonymously had to weigh against the benefit of the public knowing the author. As the dissent saw no evidence that any harm would come to Talley by revelation of his identity, the public knowledge outweighed Talley's right to anonymous speech.

See also

• List of United States Supreme Court cases
  • Lists of United States Supreme Court cases by volume
  • List of United States Supreme Court cases, volume 362
• Anonymous Online Speakers v. United States District Court for the District of Nevada
• McIntyre v. Ohio Elections Commission

External links

• Text of Talley v. California, 362 U.S. 60 (1960) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio)