Washington, DC – Wiley Rein LLP filed an amicus brief in the U.S. Supreme Court on behalf of the Independent Institute, the National Federation of Independent Businesses Small Business Legal Center, Inc., and New Jobs America in a case that could classify canvassers and independent contractors such as grassroots workers, campaign staff, and gig economy workers as employees, which in turn burdens political speech, hurts workers, and financially impacts small and large businesses.

The brief supports the petition for certiorari filed in Mobilize the Message v. Bonta, Case No. 22-865, urging the Supreme Court to review a October 2022 decision from the U.S. Court of Appeals for the Ninth Circuit. At issue is a California law, Assembly Bill 5 (AB5), that requires that canvassers be classified as employees rather than independent contractors. This policy makes hiring more expensive for the employers and gives less freedom to workers to express their political viewpoint.

In the amicus brief, Wiley attorneys outline the top problems that such a policy, and the Ninth Circuit’s protection of such a policy, causes.

1. First, and foremost, AB5 violates the First Amendment’s prohibition against content discrimination. By classifying these grassroots contractors as employees, AB5 is, “imposing content-based speech restrictions that deprive these speakers of their livelihoods and curtail Californians’ ability to communicate political messages through canvassing. AB5 is therefore...

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