1A Auto, Inc., et al. v. Michael Sullivan, Director, Massachusetts Office of Campaign and Political Finance
FirstAmendment DueProcess
Should Beaumont be overruled?
QUESTIONS PRESENTED Massachusetts bans for-profit businesses from contributing money to political candidates or committees, but allows unions and nonprofits to do so. Mass. Gen. Laws c. 55, § 8. The lower court rejected Petitioners’ First Amendment challenge to this ban, relying on FEC v. Beaumont, 539 U.S. 146 (2003), although it acknowledged that Beawmont’s reasoning conflicts with recent decisions. It also denied Petitioners’ Equal Protection Clause challenge, concluding that contribution limits that satisfy intermediate First Amendment scrutiny cannot receive strict scrutiny, and therefore must be upheld under the Fourteenth Amendment. This case therefore presents the questions: 1. Should Beaumont be overruled because it conflicts with more recent decisions of this Court and insufficiently protects freedom of speech and association? 2. Should contribution limits that impose different limits on different classes of donors receive strict scrutiny? 3. Does Mass. Gen. Laws c. 55, § 8 violate the First Amendment and the Equal Protection Clause by banning businesses, but not unions and non-profit organizations, from making political contributions?