Massachusetts Fiscal Alliance to Sue State Over Compelled Speech Requirements

Government demands for irrelevant information violate First Amendment, lawsuit says

Boston, MA  – Today, Massachusetts Fiscal Alliance (MassFiscal), a nonpartisan nonprofit represented by the Institute for Free Speech will file a federal lawsuit alleging that some Massachusetts campaign finance laws are unconstitutional. Unlike most states, Massachusetts requires ads that name candidates within 90 days of a general election to include a statement from a principal officer of the organization running the ad, a list of the organization’s top five contributors, and a link to a government website. The group believes this information is irrelevant and cannot be required in disclaimers.

Over 1,000,000 residents of the Commonwealth turned out to vote in the recent state primary election held on September, 4, 2018!

This represents a 160% increase in turnout compared to the 2016 state primary and the highest level of voter participation in a Massachusetts state primary election since the mid-2000s. 

This is all possible because ordinary citizens like YOU took the time out of your busy day and went to the polls to ensure that your voice was heard.

The Massachusetts Supreme Judicial Court has decided to uphold the union loophole in state campaign finance law, meaning that the state will continue to give an unfair advantage to unions over businesses when it comes to political speech.

Massachusetts is one of only six states that prohibits employers—but not unions—from contributing to political parties, committees, or candidates. Kentucky had a similar lopsided ban until 2016 when a federal district court ruled the ban unconstitutional in response to a Goldwater Institute lawsuit. The Massachusetts loophole bans political contributions from employers while allowing unions, including out of state unions, to contribute up to $15,000 to a single candidate. Individuals can only donate up to $1,000. Under current law, unions may also contribute via political action committees, while PACs supported by employers are prohibited.