Protecting Businesses’ Constitutional Rights to Participate in the Political Process

The laws of six states prohibit businesses—but not unions or other groups—from contributing to political parties, committees, or candidates. This uneven playing field violates constitutional guarantees of equal protection, free speech, and free association. The Goldwater Institute is challenging Massachusetts’ and Kentucky’s corporate contribution bans in order to vindicate the constitutional rights of businesses to participate on equal footing with unions and other groups in the political process. Victory in these cases will advance equal treatment on the political playing field and strengthen the rights of all Americans to participate fully in the political process.

Our client, Protect My Check, Inc., works tirelessly to expand workers’ rights and end compulsory union membership. Unions, for their part, work tirelessly to oppose Protect My Check’s efforts. But in this battle of ideas, only unions can support political candidates. That is not a level playing field and it is unconstitutional.