Supreme Court Asked To Hear Ohio's Pot Ballot Measure Fight

Law360 (February 10, 2020, 10:45 PM EST) -- Ohio residents who were previously blocked from getting marijuana decriminalization measures on the ballot by their local election board have asked the U.S. Supreme Court to determine whether and how the First Amendment applies to subject matter restrictions on ballot initiatives.

Saying there is “uneven constitutional protection for core political speech," the Feb. 3 petition urges the Supreme Court to weigh in on various splits among federal circuit courts regarding the level of scrutiny that applies to ballot initiatives.

In the underlying case, officials in Portage County, Ohio, used the state’s “gatekeeper law” to refuse to certify ballot initiatives for two villages, claiming...

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