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MICHIGAN STATE CHAMBER OF COMMERCE v. AUSTIN

No. 86-1867.

856 F.2d 783 (1988)

MICHIGAN STATE CHAMBER OF COMMERCE, a non-profit Michigan corporation, Plaintiff-Appellant, v. Richard H. AUSTIN, Michigan Secretary of State; and Frank J. Kelley, Michigan Attorney General, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1988.

Attorney(s) appearing for the Case

Richard D. McLellan, William J. Perrone, Dykema, Gossett, Spencer, Goodnow & Trigg, Lansing, Mich., Joel M. Boyden (argued), Dykema, Gossett Spencer Goodnow & Trigg, Grand Rapids, Mich., for plaintiff-appellant.

Frank J. Kelley, Atty. Gen., Richard P. Gartner, Asst. Atty. Gen. (argued), Lansing, Mich., for defendants-appellees.

Michael Corcoran, Lansing, Mich., for Michigan Citizens Lobby.

Theodore Sachs, Mark Brewer, Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C., Detroit, Mich., for Michigan Democratic Party.

Before ENGEL, Chief Judge, RYAN, Circuit Judge, and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

This appeal concerns the constitutionality of § 54(1) of the Michigan Campaign Finance Act under the first and fourteenth amendments to the United States Constitution, and article I of the Michigan Constitution. Section 54(1) severely restricts the ability of corporations to make indirect expenditures in support of or in opposition to the election of a candidate for Michigan office. Although directly infringing upon the first amendment free...

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