Institute for Free Speech

Last updated
Institute for Free Speech
Formation2005
Founder Bradley A. Smith
TypeNonprofit
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 conservative 501(c)(3) non-profit organization formerly headquartered in Alexandria, Virginia, and now in Washington, D.C. [4] [5] [6] [7] [8] [9] [10] [11] [12] [ excessive citations ] 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." [13] It has worked to oppose limits on political donations and other campaign regulations. [5] [14] [15] [2] [16]

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. [5] Smith founded the organization with the goal of "challenging the current campaign finance system in both federal court and the court of public opinion." [5]

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. [17]

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. [18]

In 2014, the organization stated its opposition to a proposed constitutional amendment that would give Congress more power to regulate political spending. [19] 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. [20]

In October 2017, the organization changed its name to the Institute for Free Speech, [15] with an emphasis on "protecting First Amendment political speech rights". [21] [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. [7] [22]

Activities

The Institute for Free Speech 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. [23] [ third-party source needed ]

The organization has a Free Speech Arguments Podcast that reviews oral arguments from First Amendment free political speech cases across the country, [21] and represents plaintiffs in free speech cases. [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [ excessive citations ]

In 2024, the organization released a study of states’ laws regarding free speech protection against frivolous lawsuits. [21] [36]

Related Research Articles

<span class="mw-page-title-main">American Civil Liberties Union</span> Legal advocacy organization in the United States

The American Civil Liberties Union (ACLU) is an American nonprofit human rights organization founded in 1920. The organization strives "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." The ACLU works through litigation and lobbying and has more than 1,800,000 members as of July 2018, with an annual budget over $300 million. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The most recent major federal law affecting campaign finance was the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold". Key provisions of the law prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election; However, provisions of BCRA limiting corporate and union expenditures for issue advertising were overturned by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life.

Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings, has at least some of the legal rights and responsibilities enjoyed by natural persons. In most countries, a corporation has the same rights as a natural person to hold property, enter into contracts, and to sue or be sued.

<span class="mw-page-title-main">Foundation for Individual Rights and Expression</span> American free speech organization

The Foundation for Individual Rights and Expression (FIRE), formerly named the Foundation for Individual Rights in Education, is a 501(c)(3) non-profit civil liberties group founded in 1999 with the mission of protecting freedom of speech on college campuses in the United States. FIRE changed its name in June 2022, when it broadened its focus from colleges to freedom of speech throughout American society.

TheRutherford Institute is a conservative Christian public interest law firm dedicated to the defense of civil liberties, human rights, and religious liberties. Based in Charlottesville, Virginia, the non-profit organization's motto is "its our job to make the government play by the rules of the Constitution." The organization was founded in 1982 by John W. Whitehead, who continued to be its president as of 2015. The Rutherford Institute offers free legal services to those who have had their rights threatened or violated. The Rutherford Institute has a network of affiliate attorneys across the United States and funds its efforts through donations. In addition to its offer of legal services, the organization offers free educational materials for those interested in the U.S. Constitution and Bill of Rights.

<span class="mw-page-title-main">Institute for Justice</span> American libertarian non-profit public interest law firm

The Institute for Justice (IJ) is a libertarian non-profit public interest law firm in the United States. It has litigated ten cases before the United States Supreme Court dealing with eminent domain, interstate commerce, public financing for elections, school vouchers, tax credits for private school tuition, civil asset forfeiture, and residency requirements for liquor license. The organization was founded on September 3, 1991. As of 2023, it employed a staff of 157 full-time staff members in Arlington, Virginia and seven offices across the United States.

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.

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

Bradley A. 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.

Susan B. Anthony Pro-Life America is an American 501(c)(4) non-profit organization that seeks to reduce and ultimately end abortion in the US, by supporting anti-abortion politicians, primarily women, through its SBA Pro-Life America Candidate Fund political action committee.

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, nonprofit organizations, labor unions, and other associations.

McCutcheon v. Federal Election Commission, 572 U.S. 185 (2014), was a landmark decision of the US Supreme Court on campaign finance. The decision held that Section 441 of the Federal Election Campaign Act of 1971, which imposed a limit on contributions an individual can make over a two-year period to all national party and federal candidate committees, is unconstitutional.

Susan B. Anthony List v. Driehaus, 573 U.S. 149 (2014), is a United States Supreme Court case.

A campaign finance reform amendment refers to any proposed amendment to the United States Constitution to authorize greater restrictions on spending related to political speech, and to overturn Supreme Court rulings which have narrowed such laws under the First Amendment. Several amendments have been filed since Citizens United v. Federal Election Commission and the Occupy movement.

<i>FEC v. National Conservative PAC</i> 1985 United States Supreme Court case

FEC v. National Conservative PAC, 470 U.S. 480 (1985), was a decision by the Supreme Court of the United States striking down expenditure prohibitions of the Federal Election Campaign Act of 1971 (FECA), which regulates the fundraising and spending in political campaigns. The FECA is the primary law that places regulations on campaign financing by limiting the amount that may be contributed. The Act established that no independent political action committee may contribute more than $1,000 to any given presidential candidate in support of a campaign.

Burson v. Freeman, 504 U.S. 191 (1992), was a United States Supreme Court case in which the Court held that a Tennessee law that restricted political campaigning within 100 feet of a polling place did not violate the First Amendment.

Federal Election Commission v. Ted Cruz for Senate, 596 U.S. 289 (2022), was a case related to the First Amendment to the United States Constitution. The Supreme Court of the United States struck down section 304 of the Bipartisan Campaign Reform Act of 2002, which limited the amount of money that candidates could be paid on personal loans to their campaign.

Shurtleff v. City of Boston, 596 U.S. ___ (2022), was a United States Supreme Court case related to the First Amendment to the United States Constitution. The case concerned the City of Boston's program that allowed groups to have their flags flown outside Boston City Hall. In a unanimous 9–0 decision, the Court ruled that the city violated a Christian group's free speech rights when it denied their request to raise a Christian flag over City Hall.

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. Warren, Michael (2014-06-05). "The Disclosure Police Target Walmart". Weekly Standard . Retrieved 11 August 2014.
  5. 1 2 3 4 Cummings, Jeanne (2008-08-12). "Conservatives plot on campaign finance". Politico . Retrieved 11 August 2014.
  6. Sanders, Katie. "Is IRS Obama's Watergate?". Politifact . Retrieved 2024-04-06.
  7. 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
  8. Williams, Joseph P. (12 Feb 2018). "The Right's First Amendment Push". U.S. News & World Report . Retrieved 6 April 2024. the Institute for Free Speech, a right-leaning public policy center
  9. Miller, Steve (12 December 2023). "How Tax-Exempt Nonprofits Skirt U.S. Law to Turn Out the Democrat Base in Elections | RealClearInvestigations". www.realclearinvestigations.com. Retrieved 6 April 2024. the conservative Institute for Free Speech
  10. Carpenter, Tim (6 October 2023). "Conservative think tank argues Kansas law defining PACs 'unquestionably' unconstitutional • Kansas Reflector". Kansas Reflector . Retrieved 6 April 2024. A conservative campaign-finance reform organization
  11. 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
  12. "David Keating, leader for the right on campaign finance laws - The Fulcrum". thefulcrum.us. 20 Sep 2020. Retrieved 6 April 2024. one of the foremost conservative forces in the money-in-politics debate
  13. "About the Institute for Free Speech". Institute for Free Speech. 23 October 2007. Retrieved 2 December 2017.
  14. Beckel, Michael (2016-01-20). "What Is "'Dark Money' and Is It Bad?". Center for Public Integrity . Retrieved 2024-04-06 via NBC News.
  15. 1 2 Leathle, Emma (November 1, 2017). "Congress Holds Hearings On Online Political Ads". HuffPost . Retrieved 2 December 2017.
  16. Ackley, Kate (2022-09-21). "Senators to seek action on Democratic political disclosure bill". Roll Call . Retrieved 2024-04-07.
  17. "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.
  18. "Give Us Your Donors, or Else". The Wall Street Journal . 2014-07-22. Retrieved 11 August 2014.
  19. Newlin Carney, Eliza (2014-07-02). "Hobby Lobby Ruling Fuels Amendment Push". Roll Call . Retrieved 11 August 2014.
  20. Hicks, Josh (2014-06-18). "IRS to propose specific limits on nonprofits' political activities". Washington Post. Retrieved 11 August 2014.
  21. 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.
  22. Lee, Michelle Ye Hee (December 9, 2020). "Senate confirms three FEC commissioners, restoring full slate for the first time since 2017". The Washington Post .
  23. "Center for Competitive Politics blog", CCP, Retrieved on 2009-07-10.
  24. "Cases". ifs.org. Institute for Free Speech. Retrieved 8 April 2024.
  25. "Staff". ifs.org. Institute for Free Speech. Retrieved 6 April 2024.
  26. Pazniokas, Mark (September 13, 2023). "Court explores whether CT's campaign law violates free speech". The Connecticut Mirror . Retrieved 8 April 2024.
  27. "Gays Against Groomers et al v. Garcia et al". dockets.justia.com. Justia . Retrieved 8 April 2024.
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  29. "Belin v. Nelson". pacermonitor.com. PacerMonitor, LLC. Retrieved 8 April 2024.
  30. "Moms for Liberty - Yolo County et al v. Yolo County et al". dockets.justia.com. Justia. Retrieved 8 April 2024.
  31. "Johnson v. Watkin et al". dockets.justia.com. Justia. Retrieved 8 April 2024.
  32. "Lowery v. Mills et al". pacermonitor.com. PacerMonitor, LLC. Retrieved 8 April 2024.
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  36. 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.