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First National Bank of Boston v. Bellotti | 435 U.S. 765 (1978)
Need relief from motormouths and chatterboxes? Try a speech-jamming device. Speech-jamming technology uses hypnotizing soundwaves to instantly silence a speaker. However, in First National Bank of Boston versus Bellotti, a speech-jamming statute had the opposite effect on nine justices.
A Massachusetts statute barred banks and corporations from spending on voter outreach for popular elections on public issues, called referenda, unless an entity had a material interest in a referendum’s outcome. Nonetheless, even if a voting issue materially impacted an entity’s business, the statute still prevented the entity from influencing voters if the issue involved income tax. Massachusetts was set to hold a referendum about income tax, and a group of banks and corporations, including First National Bank of Boston, wanted to influence voters on the issue. However, the Commonwealth’s attorney general, Francis Bellotti, announced that corporate spending on the referendum would violate the statute.
First National filed suit against Bellotti in state court, alleging that the statute violated the bank’s right to free speech under the First Amendment to the federal Constitution. The Massachusetts Supreme Judicial Court upheld the statute’s constitutionality, and First National appealed to the United States Supreme Court.
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