Illinois Opportunity Project v. Bullock - Liberty Justice Center

Illinois Opportunity Project v. Bullock

Americans’ right to support causes they believe in without fear of retaliation is at the center of Illinois Opportunity Project v. Bullock filed August 27, 2019, against Montana Gov. Steve Bullock and the head of that state’s procurement bureau.

In 2018, Governor Bullock issued an executive order that requires companies bidding for state contracts to disclose donations made to organizations advocating for issues, candidates, or political parties within 60 days of an election. Requiring such disclosures stifles companies’ First Amendment rights without preventing corruption in the state contract bidding process. Whether intended or not, the order effectively silences organizations seeking a state contract that disagree with the governor.

The lawsuit was filed on behalf of the Illinois Opportunity Project, a nonpartisan, 501c4 organization that plans to engage in issue advocacy in Montana prior to the 2020 election.

Across the nation, public support for candidates and causes has resulted in lost jobs and contracts, property being destroyed, and even death threats. Requiring donors to disclose their support will unconstitutionally chill the free speech of organizations like IOP.

As Patrick Hughes, president and co-founder of the Liberty Justice Center, observed, “forcing a person or group to disclose their contributions in order to be considered for work goes against our country’s founding principles as well as our current laws.”

Background

Illinois Opportunity Project v. Bullock, was filed on Aug. 27, 2019, in the U.S. District Court for the District of Montana. This case was resolved when the Governor of Montana voluntarily withdrew the executive order at issue in the lawsuit on May 16, 2021.

Briefs

Complaint 08/27/2019

Response to MTD 11/13/2019

First Amended Complaint 01/21/2020

Third Motion for Summary Judgment 04/17/2020

Brief Memorandum in Support for 3rd Motion for Summary Judgment 04/17/2020

Undisputed Facts Supporting Third Motion for Summary Judgment 04/17/2020

Illinois Opportunity Project v. Bullock District Court Decision 08/31/2020

Joint Stipulation to Dismiss Appeal 05/16/2021

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