Washington, DC — The U.S. Supreme Court today declined to grant a petition to hear the case Mobilize the Message, LLC v. Bonta. The case challenged the constitutionality of provisions of California’s AB 5 that prohibit independent contractors from performing canvassing work for campaigns and advocacy groups. However, AB 5 exempts independent contractors who perform identical work as direct sales salespersons and newspaper carriers.
These provisions require political workers to abide by a different set of rules than non-political workers. The only distinguishing feature separating the two is the content of the speech they are paid to promote, a distinction that is presumptively unconstitutional under the First Amendment.
Unable to hire canvassers as employees due to the costs involved, and fearful of fines from the state for “misclassifying” them as independent contractors, groups in California must cease canvassing activity or rely solely on volunteers under the terms of AB 5. Mobilize the Message sought to change that.
Unfortunately, the Supreme Court will not take up this issue at this time.
“We’re disappointed in the Court’s decision not to grant cert in this case,” said Alan Gura, lead counsel for the plaintiffs and Vice President for Litigation at the Institute for Free Speech. “California’s AB 5 will continue to unconstitutionally restrict campaigns and advocacy groups from engaging in political speech and providing information to voters. This decision will limit Californians’ ability to qualify ballot measures, and price political speech beyond the reach of many citizens.”
To learn more about the case, click here.
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The Institute for Free Speech promotes and defends the political rights to free speech, press, assembly, and petition guaranteed by the First Amendment.
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