Institute For Free Speech

Supreme Court: Upholding Free Political Speech
January 1, 2018  •  By IFS Staff  •    •  

Questions about free speech and the First Amendment are often decided at the Supreme Court. Over the years, the Court has dealt with such contentious political speech cases as flag burning, campaign spending limits, and banning political films. While there is typically some disagreement on the Court on any individual case, the Court has long held that for any political…

The People’s Pledge Gimmick: Bad for Voters
August 4, 2015   •  By Luke Wachob   •  , ,

In the 2010 cases Citizens United v. FEC and SpeechNow.org v. FEC, courts recognized that the First Amendment protects Americans’ right to pool their resources ...

New York Times Predicts Quick End to Supreme Court (and Once Again Misstates Campaign Finance Law)
June 29, 2015   •  By Brad Smith   •  , ,

The New York Times, in the style that pretty much typifies all of the Times’ editorials on campaign finance, today (mis)informs us that the ...

Policy Primer: Campaign Contribution Limits – A Cap on Free Speech
July 18, 2014   •  By Matt Nese   •  , ,

There is a false perception that most states limit all forms of campaign contributions. While many states impose some limits on political giving, the reality ...

State Aggregate Limits and Proportional Bans under McCutcheon
July 8, 2014   •  By Matt Nese   •  , ,

On April 2, 2014, the Supreme Court issued its decision in McCutcheon v. Federal Election Commission.[1] In that case, plaintiff Shaun McCutcheon challenged the ...

Amending the First Amendment: The Udall Proposal is Poorly Drafted, Intellectually Unserious, and Extremely Dangerous to Free Speech
May 29, 2014   •  By IFS Staff   •  , ,

The Senate Judiciary Committee will soon hold a hearing on S.J. Res. 19, a constitutional amendment to restrict First Amendment rights proposed by Senator ...

Was the Chief Justice’s McCutcheon Opinion Honest? A Response to Fred Wertheimer

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May 16, 2014   •  By Allen Dickerson   •  

In a lengthy press release posted earlier this week, Democracy 21 President Fred Wertheimer argues that one should “question the openness and candor” of ...

McCutcheon Decision — When?

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January 23, 2014   •  By David Keating   •  

Someone emailed me to ask when The Supreme Court might rule in the McCutcheon case.  Of course, no one knows. However, we can guess. ...

The Last Rites of Public Campaign Financing?
January 1, 2014   •  By Luke Wachob   •  , ,

In the wake of the Supreme Court’s 5-4 decision in Arizona Free Enterprise v. Bennett, this Nebraska Law Review article by Hofstra University Law ...

Separation of Campaign and State
November 1, 2013   •  By Matt Nese   •  , ,

In a pair of recent decisions, Davis v. FEC and Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, the Supreme Court has struck down on ...

Dynamic Duo: Self-Righteous Paternalism Edition

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October 2, 2013   •  By Luke Wachob   •  

Tuesday morning, Trevor Potter of the Campaign Legal Center and Fred Wertheimer of Democracy 21 held an event at the National Press Club in ...

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