Mobilize the Message, LLC, et al. v. Rob Bonta, Attorney General of California

California applies different work-classification rules to canvassers depending on the subject, function, and purpose of their speech. The state thus allows canvassers promoting consumer products and services to work as independent contractors, but it classifies canvassers promoting political campaigns as employees whose employment relationships are governed by more onerous and expensive laws. Likewise, workers who distribute or deliver state-designated newspapers and related publications may work as independent contractors, while workers who deliver or distribute political campaign material may not. The additional burdens California places on political canvassing and the distribution of political material deny Petitioners the ability to hire independent contractors, and thus prevent Petitioners from circulating ballot petitions and campaigning. The question presented is: Whether regulating canvassing and the delivery of printed material based on that speech’s content, function, or purpose implicates the First Amendment.