First National Bank of Boston v. Bellotti
435 U.S. 765 (1978)
Massachusetts had a law that
prohibited corporations from spending money to influence the vote on any
referendum other than those that materially affected the corporation.
Basically, corporations
couldn't donate to candidates or place ads to try to sway an election,
unless it was for a bill that directly affected the corporation.
A bunch of bankers, led by
First National, sued, claiming that the law was unconstitutional.
The bankers were worried
about the high tax rates on rich people in Massachusetts, and wanted the
rates lowered. That didn't directly affect the banks themselves, but it
certainly affected the people who would otherwise put their money in the
bank.
The Massachusetts Supreme
Court found the law constitutional. The bankers appealed.
The Court found that since
corporations are not people in the eyes of the law, they should not be
covered by the 1st Amendment.
The US Supreme Court reversed
and found the law unconstitutional.
The US Supreme Court found
that if the law had restricted human beings from spending money to
influence the political process, it would clearly be a violation of the 1st
Amendment.
The Court found that the 1st
Amendment wasn't about the rights of
people to speak, but the rights of other citizens to hear
speech. The Court found that the public would benefit from hearing the
view of the corporations.
Massachusetts argued that
they had a compelling government interest in preventing wealthy corporations from drowning out the voices
of individual citizens. However, the Court found no evidence that this
was a problem.
Massachusetts argued that
the law protected the rights of shareholders who didn't want their
profits wasted on causes they didn't believe in. However, the Court
found that it was both underinclusive
and overinclusive.
Underinclusive because it only prohibited spending money on
referendums, not other kinds of elections.
Overinclusive because a corporation was still prevented
from spending money even if 100% of the shareholders wanted to.
In a dissent it was argued
that when a corporation speaks, it expresses the purely personal views of
the corporate management. It is wrong to use shareholder money to support
causes some of the shareholder may not approve of.
In response, the majority
argued that shareholders can also sell their stock if they don't like the
way the management is spending corporate money.
Contrast this case with Austin
v. Michigan Chamber of Commerce (494
U.S. 652 (1990)), which came to pretty much the opposite decision.