U.S. SUPREME COURT EASES RESTRICTIONS ON CORPORATE POLITICAL COMMUNICATION

A landmark 5-4 ruling by the U.S. Supreme Court on Jan. 21 has seemingly overturned decades of campaign finance law. 

“Like everyone else, we are just beginning to study the court’s ruling, and we don’t yet fully understand what the implications are for Minnesota,” said Mike Franklin, elections policy director for the Minnesota Chamber of Commerce.

 “However, if the initial news reports are accurate and the opinion confirms that corporate speech is protected by the First Amendment, this is a very welcome opinion.”  Franklin said. “Minnesota businesses are regulated by legislation and affected by legislators’ decisions; to forbid businesses from participating in the discussion has always been unfair.” 

The opinion, authored by Justice Anthony Kennedy, states in part that “The Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.”

This ruling appears to level the playing field among corporations and other associations made up of individuals, like labor unions, Franklin noted. The Minnesota Chamber has long had a policy on easing Minnesota’s so-called “corporate ban.”

“One of the frustrations we’ve had with Minnesota’s corporate ban is the vast amount of ‘gray area’ it creates,” he said. “Businesses and business associations like chambers of commerce are forced into second-guessing every statement they make for fear that it might be construed as ‘political.’ 

“Hopefully, all parties can now participate in the discussion of what Minnesota’s priorities in the context of elections should be without fear of reprisal."