No. 22-865

Mobilize the Message, LLC, et al. v. Rob Bonta, Attorney General of California

Lower Court: Ninth Circuit
Docketed: 2023-03-10
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: campaign-finance campaign-material civil-rights content-based-regulation content-based-restriction first-amendment free-speech independent-contractor independent-contractors political-canvassing political-speech speech-regulation
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2023-06-15
Question Presented (AI Summary)

Whether regulating canvassing and the delivery of printed material based on that speech's content, function, or purpose implicates the First Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED California applies different work-classification rules to canvassers depending on the subject, function, and purpose of their speech. The state thus allows canvassers promoting consumer products and services to work as independent contractors, but it classifies canvassers promoting political campaigns as employees whose employment relationships are governed by more onerous and expensive laws. Likewise, workers who distribute or deliver state-designated newspapers and related publications may work as independent contractors, while workers who deliver or distribute political campaign material may not. The additional burdens California places on political canvassing and the distribution of political material deny Petitioners the ability to hire independent contractors, and thus prevent Petitioners from circulating ballot petitions and campaigning. The question presented is: Whether regulating canvassing and the delivery of printed material based on that speech’s content, function, or purpose implicates the First Amendment.

Docket Entries

2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-26
Reply of petitioners Mobilize the Message, LLC, et al. filed. (Distributed)
2023-05-10
Brief of respondent Rob Bonta, Attorney General of California in opposition filed.
2023-04-10
Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
2023-04-10
2023-04-07
2023-04-05
2023-03-27
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2023.
2023-03-24
Motion to extend the time to file a response from April 10, 2023 to May 10, 2023, submitted to The Clerk.
2023-03-08

Attorneys

Americans for Prosperity Foundation, Reason Foundation, The Foundation for Individual Rights and Expression
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
Bonta, Att'y Gen. of CA
Teresa Alexandra Reed DippoCalifornia Department of Justice, Respondent
Teresa Alexandra Reed DippoCalifornia Department of Justice, Respondent
Jose A. Zelidon-ZepedaAttorney General's Office, Respondent
Jose A. Zelidon-ZepedaAttorney General's Office, Respondent
Howard Jarvis Taxpayers Association
Laura Elizabeth DoughertyHoward Jarvis Taxpayers Foundation, Amicus
Laura Elizabeth DoughertyHoward Jarvis Taxpayers Foundation, Amicus
Mobilize the Message, LLC, et al.
Alan GuraInstitute for Free Speech, Petitioner
Alan GuraInstitute for Free Speech, Petitioner
Pacific Legal Foundation
James M. ManleyPacific Legal Foundation, Amicus
James M. ManleyPacific Legal Foundation, Amicus
The Independent Institute, National Federation of Independent Business Small Business Legal Center, Inc., and New Jobs America
Krystal Brunner SwendsboeWiley Rein LLP, Amicus
Krystal Brunner SwendsboeWiley Rein LLP, Amicus