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District Court’s September 2, 2009 judgment (2d Cir. Docket No. 09-3760-cv(L)), which we address
in our first, separately filed opinion.
DISCUSSION
We conduct a de novo review of a District Court’s decision to grant summary judgment. See,
e.g., Jeffreys v. City of N.Y., 426 F.3d 549, 553 (2d Cir. 2005). Summary judgment is appropriate if
“there is no genuine issue as to any material fact and . . . the movant is entitled to judgment as a
matter of law.” Fed. R. Civ. P. 56(c)(2).
I.
The CFRA’s Contribution Bans
We first consider whether the provisions of the CFRA that prohibit state contractors,
lobbyists, and associated individuals from making campaign contributions to candidates for state
office violate the First Amendment.
A.
The Standard for Evaluating the CFRA’s Contribution Bans
In a long line cases beginning with Buckley v. Valeo, 424 U.S. 1 (1976), the Supreme Court has
distinguished laws restricting campaign expenditures and campaign-related speech from laws restricting
campaign contributions. The Court has determined that laws limiting campaign expenditures and
campaign-related speech “impose significantly more severe restrictions on protected freedoms of
political expression and association than do” laws limiting campaign contributions. Id. at 23. As a
result, the Court has evaluated laws limiting campaign expenditures and campaign-related speech
under the “strict scrutiny” standard, which “requires the Government to prove that the restriction
furthers a compelling interest and is narrowly tailored to achieve that interest.” Citizens United v. Fed.
Election Comm’n, 130 S. Ct. 876, 898 (2010) (quotation marks omitted).
For laws limiting campaign contributions, by contrast, the Court has conducted a “relatively
complaisant review under the First Amendment.” Beaumont, 539 U.S. at 161. Such laws, the Court
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has concluded, are “merely ‘marginal’ speech restrictions,” since contributions “lie closer to the
edges than to the core of political expression.” Id. Thus, “instead of requiring contribution
regulations to be narrowly tailored to serve a compelling governmental interest,” a law limiting
contributions “passes muster if it satisfies the lesser demand of being ‘closely drawn’ to match a
‘sufficiently important interest.’” Id. at 162 (quoting Nixon v. Shrink Mo. Gov’t PAC, 528 U.S. 377,
387-88 (2000)) (some quotation marks omitted); see also Buckley, 424 U.S. at 25.
The Court has always applied that lower standard—often referred to as the “closely drawn”
standard—to evaluate First Amendment challenges to laws restricting campaign contributions. See,
e.g., Randall v. Sorrell, 548 U.S. 230, 253 (2006) (plurality opinion); McConnell v. Fed. Election Comm’n,
540 U.S. 93, 138 n.40 (2003), overruled in part on other grounds by Citizens United, 130 S. Ct. at 913;
Beaumont, 539 U.S. at 161. The Court has applied the closely drawn standard even when the law in
question imposed an outright ban on contributions. In Beaumont, for instance, the Court applied the
closely drawn standard in upholding a federal law that banned all campaign contributions made by
corporations. See id. at 149, 161-62.
Although the Court’s campaign-finance jurisprudence may be in a state of flux (especially
with regard to campaign-finance laws regulating corporations), Beaumont and other cases applying the
closely drawn standard to contribution limits remain good law. Indeed, in the recent Citizens United
case, the Court overruled two of its precedents and struck down a federal law banning independent
campaign expenditures by corporations, but it explicitly declined to reconsider its precedents involving
campaign contributions by corporations to candidates for elected office. See 130 S. Ct. at 909
(“Citizens United has not made direct contributions to candidates, and it has not suggested that the
Court should reconsider whether contribution limits should be subjected to rigorous First
Amendment scrutiny.”).
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We will, therefore, evaluate the contribution bans imposed by the CFRA under the closely
drawn standard. We will uphold the statutory bans against plaintiffs’ First Amendment challenge
only if they are closely drawn to achieve a “sufficiently important” government interest. Beaumont,
539 U.S. at 162 (quotation marks omitted).
In so doing, we reject plaintiffs’ argument that we must apply strict scrutiny because the
provisions at issue here are bans, as opposed to mere limits. Such an argument was explicitly rejected
in Beaumont (which, as discussed above, remains binding precedent). See id. at 162. As Beaumont
concisely explained: “It is not that the difference between a ban and a limit is to be ignored; it is just
that the time to consider it is when applying scrutiny at the level selected, not in selecting the
standard of review itself.” Id. Accordingly, the closely drawn standard applies to the bans on
contributions imposed by the CFRA. As we discuss in greater detail below, however, the fact that
the provisions impose outright bans—and not limits—on contributions is a factor we will consider
when we “apply[] scrutiny at the level selected” and determine whether the provisions are, in fact,
closely drawn to achieve the state’s interests. Id.
B.
The Ban on Contributions by Contractors and Associated Individuals
In assessing the CFRA’s ban on contributions by contractors and associated individuals, we
first determine whether the ban furthers a “sufficiently important” interest; we then determine
whether the ban is closely drawn to achieve that interest. See Beaumont, 539 U.S. at 162
1.
Do the Bans on Contractor Contributions Further a “Sufficiently
Important” Interest?
As set forth above, the Connecticut General Assembly enacted the CFRA’s ban on
contractor contributions in response to a series of scandals in which contractors illegally offered
bribes, “kick-backs,” and campaign contributions to state officials in exchange for contracts with the
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