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Austin v. Michigan Chamber of Commerce (Docket #: 88-1569) (1990)  [Findlaw]

Argument Date 10/31/1989
Decided 03/271990
Supreme Court Vote 6-3
Note In Citizens United v. Federal Election Commission (2009), the Court asked the parties to brief the issue of whether Austin should be overruled.
Supreme Court Ruling First Amendment claim denied; finding that the Michigan statute restricting corporate spending in connection with state elections held not to violate free expression or equal protection rights of state chamber of commerce under Federal Constitution
IssueDid the Michigan Campaign Finance Act violate the First and Fourteenth Amendments?
Majority Opinion Marshall, J. (joined by Rehnquist, C.J., and Brennan, White, Blackmun, and Stevens, JJ.)
Concurring Opinion Brennan, J. & Stevens, J.
Dissenting Opinion Scalia, J. & Kennedy, J. (joined by O’Connor and Scalia, JJ.)
Lower Court 6th Circuit
Lower Court Ruling First Amendment claim sustained
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
Louis J. Caruso, Solicitor General of Michigan

For Respondent
Richard D. McLellan

For Petitioner
Frank J. Kelley, Attorney General, pro se, Thomas L. Casey, Assistant Solicitor General, and Gary P. Gordon and Richard P. Gartner, Assistant Attorneys General

For Respondent
Joel M. Boyden, William J. Perrone, and Cindy M. Wilder

For Amicus
American Civil Liberties Union; American Medical Association; Center for Public Interest Law by Robert C. Fellmeth; and Washington Legal

Federal Election Commission by Lawrence M. Noble and Richard B. Bader; and for Common Cause by Roger M. Witten, Carol F. Lee, and Archibald Cox.

National Organization for Women

Opinion - Lower Court
Michigan State Chamber of Commerce v. Austin, 856 F.2d 783
Abrams, Floyd, SPEAKING FREELY: TRIALS OF THE FIRST AMENDMENT (2005), pp. 259-62, 268, 270-271

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