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Washington Democrats Introduce Bill to Crack Down on Political Speech Rights for Corporations

Washington Democrats Introduce Bill to Crack Down on Political Speech Rights for Corporations
AP Photo/Ted S. Warren

Democratic state lawmakers in Washington introduced a bill that would make it illegal for corporations to engage in political speech, which would likely set off a major First Amendment challenge if passed.

State Sens. Bob Hasegawa and Mike Chapman introduced Senate Bill 6358 earlier this month, which would prohibit corporations from funding campaigns or ballot measures. Those who do not comply with the measure would face stiff penalties.

Those supporting the bill argue it is essential for curbing corporate influence in political campaigns. But it goes further than simple funding.

Under the bill, corporations, nonprofits, and LLCS would be barred from participating in “election activity” and ballot measure activity.” Actions that fit into these categories include contributions made “to directly or indirectly support or oppose” candidates, political parties, or ballot measures. Corporations would not be allowed to donate to a ballot campaign and nonprofits couldn’t spend money to persuade supporters to back or oppose a ballot initiative.

These activities would be considered to be beyond the corporation’s legal authority. As punishment, the entity would be stripped of its legal authority, which means it could lose corporate protections. It could even lead to the dissolution of companies that use funds to go toward political campaigns.

Of course, labor unions would be exempt from the measure, as KIRO Newsradio’s Charlie Harger pointed out.

Tjhe First Amendment issues here are pretty straightforward. Participating in political speech is clearly protected by the Constitution. This measure doesn't simply set limits on such activity. It bans it altogether, meaning that companies would not have the ability to speak on legislation, policies, or candidates that could affect it. 

This is clearly not about campaign finance reform. It is about shutting out certain voices using the power of government. It is a blatant effort to silence dissent, as evidenced by the fact that it exempts labor unions, which tend to favor Democrats.

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