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AUSTIN v. MICHIGAN STATE CHAMBER OF COMMERCE

No. 88-1569.

494 U.S. 652 (1990)

110 S.Ct. 1391

108 L.Ed.2d 652

AUSTIN, MICHIGAN SECRETARY OF STATE, ET AL. v. MICHIGAN STATE CHAMBER OF COMMERCE

Supreme Court of United States.

Decided March 27, 1990

Attorney(s) appearing for the Case

Louis J. Caruso, Solicitor General of Michigan, argued the cause for appellants. With him on the briefs were Frank J. Kelley, Attorney General, pro se, Thomas L. Casey, Assistant Solicitor General, and Gary P. Gordon and Richard P. Gartner, Assistant Attorneys General.

Richard D. McLellan argued the cause for appellee. With him on the brief were Joel M. Boyden, William J. Perrone, and Cindy M. Wilder.*

JUSTICE MARSHALL delivered the opinion of the Court.

In this appeal, we must determine whether § 54(1) of the Michigan Campaign Finance Act, 1976 Mich. Pub. Acts 388, violates either the First or the Fourteenth Amendment to the Constitution. Section 54(1) prohibits corporations from using corporate treasury funds for independent expenditures in support of, or in opposition to, any candidate in elections for state office. Mich. Comp. Laws § 169.254(1) (1979...

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