Justice Kennedy, joined by Justice O'Connor, wrote a concurring opinion, as did Justice Thomas. Justices Stevens and Souter wrote dissenting opinions and, together with Justice Ginsburg, joined Justice Breyer's dissenting opinion. First Amendment McIntyre v. In this case, the challenged law was not limited to fraudulent, false, or libelous statements. It applies only to documents designed to influence voters in an election.
Strict scrutiny is applied to restrictions on political speech.
The Court rejected the justifications advanced by the state. The writer of political matter cannot be required to make statements or disclosures for the information of the electorate. Justice Ginsburg wrote a concurring opinion. Justice Thomas also concurred, citing the original intent of the Framers. Justice Scalia, joined by the Chief Justice, dissented, on the ground that this kind of law was common among the states, and was a valid regulation of the electoral process.