Institute for Free Speech

Last updated
Institute for Free Speech
Formation2005
Founder Bradley A. Smith
Type 501(c)(3) Nonprofit organization
Purpose"To defend the First Amendment right to freedom of speech, press, assembly, and petition." [1] [2] [3]
Location
Region
United States
Website www.ifs.org
Formerly called
Center for Competitive Politics

The Institute for Free Speech (IFS), formerly called the Center for Competitive Politics, is a 501(c)(3) nonprofit organization headquartered in Washington, D.C. [4] [5] [6] IFS' stated mission is to "promote and defend the First Amendment rights to freely speak, assemble, publish, and petition the government through strategic litigation, communication, activism, training, research, and education." [7] It has worked to oppose limits on political donations and other campaign regulations. [8] [9] [10] [2] [11]

Contents

History

The Center for Competitive Politics was founded in 2005 by former Federal Election Commission Chairman Bradley A. Smith, a 2000 Clinton appointee who had been selected by congressional Republican leaders. [8] Smith founded the organization with the goal of "challenging the current campaign finance system in both federal court and the court of public opinion." [8]

The organization represented the plaintiffs in SpeechNow.org v. Federal Election Commission , Court of Appeals decision that authorized the creation of Super PACs in 2010. [12]

In 2014, the organization challenged California's requirement that nonprofit groups must turn over their donor lists to the state in order to receive a license to solicit contributions from residents of the state. [13]

In 2014, the organization stated its opposition to a proposed constitutional amendment that would give Congress more power to regulate political spending. [14] It has also opposed proposed Internal Revenue Service guidelines that would redefine tax rules for social welfare organizations that engage in political advocacy as a secondary activity. [15]

In October 2017, the organization changed its name to the Institute for Free Speech, [10] with an emphasis on "protecting First Amendment political speech rights". [16] [2] [3]

Allen Dickerson, legal director of the institute, became a member of the Federal Election Commission in 2020, after being nominated by President Donald Trump and confirmed by a vote of 49 to 47 in the U.S. Senate. [5] [17]

Activities

The Institute for Free Speech represents plaintiffs in free speech cases. [18] [19] [20] It has been particularly active in criticizing campaign finance regulations, taxpayer-financed political campaigns, and restrictions on referendums and ballot initiatives. The organization publishes various studies and reports on campaign finance and political speech matters, and provides pro bono legal counsel to parties in suits challenging the constitutionality of campaign finance statutes. It has also defended the right of independent groups to participate freely in the electoral process. [21] [22]

The organization has a Free Speech Arguments Podcast that reviews oral arguments from First Amendment free political speech cases across the country. [16]

In 2024, the organization released a study of state laws regarding free speech protection against frivolous lawsuits. [16] [23]

In 2024 the Institute for Free Speech sued the FEC over the discrepancy whereby small donors to federal election campaigns utilizing conduits ActBlue or WinRed are automatically made public but same-sized donations directly to the campaign are not. The suit seeks to afford the same level of anonymity to the small-donor conduit contributors. [24]

Related Research Articles

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First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.

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<span class="mw-page-title-main">Bradley Smith (law professor)</span> American political scientist

Bradley Alan Smith is the Josiah H. Blackmore II/Shirley M. Nault Professor at Capital University Law School in Columbus, Ohio. He previously served as commissioner, vice chairman, and chairman of the Federal Election Commission (FEC) between 2000 and 2005. He has held prior visiting appointments at Princeton University and West Virginia University. He is best known for his writing and activities on campaign finance regulation.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations including for-profits, nonprofit organizations, labor unions, and other kinds of associations.

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References

  1. ↑ "Your Rights | The Institute for Free Speech defends your First Amendment right to freedom of speech, press, assembly, and petition". Institute for Free Speech. Retrieved 6 April 2024.
  2. 1 2 3 "Institute for Free Speech". DeSmog . Retrieved 6 April 2024.
  3. 1 2 "Institute for Free Speech". Charity Navigator . Retrieved 6 April 2024.
  4. ↑ Sanders, Katie. "Is IRS Obama's Watergate?". Politifact . Retrieved 2024-04-06.
  5. 1 2 Ackley, Kate (26 June 2020). "FEC set to lose its quorum again". Roll Call . Retrieved 6 April 2024. the conservative Institute for Free Speech
  6. ↑ Lonas, Lexi (20 October 2023). "'No credibility': Critics cry foul as colleges press for free speech amid Israel-Hamas conflict". The Hill . Retrieved 6 April 2024. the conservative-leaning Institute for Free Speech
  7. ↑ "About the Institute for Free Speech". Institute for Free Speech. 23 October 2007. Retrieved 2 December 2017.
  8. 1 2 3 Cummings, Jeanne (2008-08-12). "Conservatives plot on campaign finance". Politico . Retrieved 11 August 2014.
  9. ↑ Beckel, Michael (2016-01-20). "What Is "'Dark Money' and Is It Bad?". Center for Public Integrity . Retrieved 2024-04-06– via NBC News.
  10. 1 2 Leathle, Emma (November 1, 2017). "Congress Holds Hearings On Online Political Ads". HuffPost . Retrieved 2 December 2017.
  11. ↑ Ackley, Kate (2022-09-21). "Senators to seek action on Democratic political disclosure bill". Roll Call . Retrieved 2024-04-07.
  12. ↑ "The Court Case That Led to the Creation of Super PACs". About.com . Archived from the original on 2014-08-19. Retrieved 2014-08-18.
  13. ↑ "Give Us Your Donors, or Else". The Wall Street Journal . 2014-07-22. Retrieved 11 August 2014.
  14. ↑ Newlin Carney, Eliza (2014-07-02). "Hobby Lobby Ruling Fuels Amendment Push". Roll Call . Retrieved 11 August 2014.
  15. ↑ Hicks, Josh (2014-06-18). "IRS to propose specific limits on nonprofits' political activities". Washington Post. Retrieved 11 August 2014.
  16. 1 2 3 "Welcome to The Institute for Free Speech | Your Rights: The Institute for Free Speech is here to defend your First Amendment rights". Institute for Free Speech. Retrieved 6 April 2024.
  17. ↑ Lee, Michelle Ye Hee (December 9, 2020). "Senate confirms three FEC commissioners, restoring full slate for the first time since 2017". The Washington Post .
  18. ↑ Pazniokas, Mark (September 13, 2023). "Court explores whether CT's campaign law violates free speech". The Connecticut Mirror . Retrieved 8 April 2024.
  19. ↑ "Alexander et al v. Sutton et al". pacermonitor.com. PacerMonitor, LLC. Retrieved 8 April 2024.
  20. ↑ "Belin v. Nelson". pacermonitor.com. PacerMonitor, LLC. Retrieved 8 April 2024.
  21. ↑ Mahony, Edmund (20 May 2024). "CT Supreme Court rules that state ban on some political ads infringes on political free speech". Hartford Courant. Retrieved 24 May 2024.
  22. ↑ Mays, Jeffery C. (23 April 2019). "Gays? Palestinians? Speaking Your Mind Can Spell Trouble on the City Council". The New York Times. Retrieved 24 May 2024.
  23. ↑ Collins, Ronald K.L. (January 10, 2024). "Robert Post: 'There is growing pessimism about the future of free speech in the United States' — First Amendment News 407 | Institute for Free Speech report on frivolous lawsuits". FIRE Newsdesk. Foundation for Individual Rights and Expression . Retrieved 8 April 2024.
  24. ↑ "Small-Dollar Donors Sue FEC over Disclosure Requirements" (Press release). Institute for Free Speech. July 11, 2024. Retrieved January 20, 2024.
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