H.R. 1 and S. 1, better known as the “For the Politicians Act,” would impose sweeping new restrictions on speech about campaigns and public affairs. These radical bills would greatly harm the ability of Americans to freely speak, publish, and organize into groups to advocate for better government and the causes of their choice.

In particular, H.R. 1 and S. 1 would force onerous and unworkable standards upon the ability of Americans and groups of Americans to discuss the policy issues of the day with elected officials and the public. Other provisions would violate the privacy of advocacy groups and their supporters, stringently regulate political speech online, and compel speakers to include lengthy government-mandated messages identifying some of their supporters by name in their communications. Further, H.R. 1 and S. 1 would coerce Americans into funding the campaigns of candidates with which they may disagree in a system that research has proven hasn’t worked elsewhere. If signed into law, all these provisions would be interpreted and enforced by a newly partisan, five-member Federal Election Commission under control of the president.

The provisions in H.R. 1 and S. 1 are so complex and open to so many possible interpretations that the Institute’s views may well understate the chill this legislation would impose on speech. To this end, the Institute for Free Speech has published numerous resources that highlight the many First Amendment problems in both bills.

Unless otherwise noted, the resources below refer to the version of H.R. 1 introduced by the U.S. House of Representatives in 2019. As many provisions in both 2021 bills are identical to their 2019 counterpart, the overarching arguments remain relevant. However, in the interest of accuracy and public awareness, the Institute for Free Speech is working to update these resources. All updated – and new – resources on H.R. 1 and S. 1 will appear below. This page will be updated on a regular basis.

IFS Resources

Analyses:

• • • Analysis of H.R. 1 (Part One): “For the People Act” Is Replete with Provisions for the Politicians (“DISCLOSE”/“Judicial Ads”/“Honest Ads”/“Stand By Every Ad”) *NEW*
    • Analysis of H.R. 1 (Part Two): Establishing a Campaign Speech Czar and Enabling Partisan Enforcement: An Altered FEC Structure Poses Risks to First Amendment Speech Rights (FEC Re-Structuring)
    • Analysis of H.R. 1 (Part Three): New Restrictions Target Speech by All Groups Under the Guise of “Stopping Super PAC-Candidate Coordination” (“Coordination” Restrictions)

Explainers:

• • • What Would H.R. 1 Mean for My Group?

Testimony and Letters to Congress:

• • • Testimony of Bradley A. Smith Before the U.S. Senate Rules and Administration Committee on S. 1 (3/24/21) *NEW*
    • Letter to U.S. House of Representatives in Opposition to H.R. 1 (3/3/21) *NEW*
    • Letter to U.S. House Administration Committee on H.R. 1’s Harms to Speech and Assembly Rights (2/25/21) *NEW*
    • Letter to U.S. House of Representatives in Opposition to H.R. 1 (3/6/19)
    • Testimony of David Keating Before the U.S. House Administration Committee on H.R. 1 (2/14/19)
    • Testimony of Bradley A. Smith Before the U.S. House Oversight and Reform Committee on H.R. 1 (2/6/19)
    • Letter to the U.S. House Judiciary Committee on Citizens United and H.R. 1 (1/29/19)

Blog Posts:

• • • Proponents Say H.R. 1 and S. 1 Will End “Dark Money.” They Won’t., by Policy Analyst Alex Baiocco (6/16/21) *NEW*
    • Groups Across Political Spectrum Unite to Fight Anti-Citizen Privacy Provisions in H.R. 1 and S. 1, by Media Manager Tiffany Donnelly (6/14/21) *NEW*
    • A Threshold for Violating Your Rights Still Violates Your Rights: H.R. 1’s $10,000 Nonprofit Disclosure Threshold Doesn’t Evade First Amendment Concerns, by Policy Analyst Alex Baiocco (4/29/21) *NEW*
    • Fact Check: Would H.R. 1 and S. 1 Give Taxpayer Money to Politicians? Yes., by Media Manager Tiffany Donnelly (4/5/21) *NEW*
    • IFS Chairman Bradley A. Smith Criticizes “Cynicism” of S. 1 in Opening Statement at Senate Rules Committee Hearing, by Communications Director Luke Wachob (3/24/21) *NEW*
    • H.R. 1 Will Force Organizations – and Their Donors – to Publicly Profess Allegiance to Politicians, by Spring Research Intern Margaux Granath (3/18/21) *NEW*
    • As H.R. 1 Moves to the Senate, Consider What Motivates Politicians, by Policy Analyst Alex Baiocco (3/16/21) *NEW*
    • H.R. 1 and S. 1’s “Honest Ads Act” Would Pad Facebook’s Pockets, Harm Competitors, by Intern Nathan Maxwell (2/10/21) *NEW*
    • Nine Former FEC Commissioners Warn of “Ruinous Effect” of H.R. 1 and S. 1, by Communications Director Luke Wachob (2/9/21) *NEW*
    • Misleading H.R. 1 Poll Manufactures Support for Limiting Speech, by Communications Director Luke Wachob (1/26/21) *NEW*
    • H.R. 1 Would Undo Watergate-Era Protections Against Government Interference in Election Campaigns, by President David Keating (2/13/19)
    • IFS Chairman Brad Smith Corrects AOC on Campaign Finance Law (Video) (2/7/19)
    • AOC Doesn’t Let the Facts Get in the Way of a Good Story, by Research Director Scott Blackburn (2/7/19)
    • H.R. 1’s Tax-Financing Program Creates New Incentives for Corruption, by President David Keating (2/5/19)
    • H.R. 1’s Tax-Financing Program Could Increase Political Polarization, by President David Keating (1/17/19)
    • Evaluating Tax-Financing Programs with Outputs, Not Inputs, by President David Keating (1/10/19)

Press Releases:

• • • Statement on Senate Vote Defeating S. 2093 (6/22/21) *NEW*
    • Senate Testimony: S. 1 Would Suppress Speech, Violate the First Amendment (3/24/21) *NEW*
    • House Passes Direct Assault on Free Speech (3/3/21) *NEW*
    • Analysis: H.R. 1’s Speech Provisions are Unconstitutional and Harmful to Democracy (2/22/21) *NEW*
    • Statement in Response to House Vote on H.R. 1 (3/8/19)
    • President David Keating Testifies Before House Administration Committee on H.R. 1 (2/14/19)
    • Chairman Bradley Smith Testifies Before House Oversight Committee on H.R. 1 (2/6/19)
    • Analysis: H.R. 1 Restricts Speech about Public Affairs Under the Guise of Stopping ‘Coordination’ (2/5/19)
    • Analysis: H.R. 1 Would Create a Speech Czar and Enable Partisan Enforcement of Campaign Finance Laws (1/31/19)
    • Analysis: Major Provisions of H.R. 1 Threaten Free Political Speech (1/23/19)

Op-Eds:

• • • The Daily Caller: Joe Manchin’s ‘Compromise’ On Voting Rules Is A Trojan Horse For Censorship, by Intern Nathan Maxwell (7/20/21) *NEW*
    • Washington Examiner: Senators embarrass themselves defending S.1 bill’s assault on free speech, by Communications Director Luke Wachob (5/13/21) *NEW*
    • The Wall Street Journal: Congressional Democrats’ Court-Picking (Not Packing) Scheme, by Vice President for Litigation Alan Gura (5/10/21) *NEW*
    • The Federalist: Democrats’ H.R. 1 Election Takeover Would Also Control What Americans And Politicians Say, by Media Manager Tiffany Donnelly (5/4/21) *NEW*
    • Washington Examiner: Democrats push unconstitutional anti-free speech election law, by Chairman Bradley A. Smith (4/8/21) *NEW*
    • New York Daily News: How the For the People Act could supercharge cancel culture, by Chairman Bradley A. Smith and President David Keating (4/2/21) *NEW*
    • The Dispatch: Democrats’ Election Bill Is a Disaster for Free Speech, by Attorney Ryan Morrison (3/9/21) *NEW*
    • The Detroit News: ‘For the People Act’ will hurt democracy, by Chairman Bradley A. Smith and President David Keating (3/5/21) *NEW*
    • National Review: The Democrats’ New Schemes to Control Political Speech, by Policy Analyst Alex Baiocco (2/27/21) *NEW*
    • National Review: Democrats’ McCarthyist ‘For the People Act’, by Chairman Bradley A. Smith and Akhil Rajasekar (4/11/19)
    • Washington Examiner: Changing the campaign refs is the wrong call for democracy, by Chairman Bradley A. Smith and Research Director Scott Blackburn (3/11/19)
    • The Daily Caller: Dems Have Passed HR 1 – And It Could Make Life A Lot Harder For AOC, by Senior Fellow Eric Wang (3/8/19)
    • The Hill: Democrats have campaign proposal that will create more Donald Trumps, by Research Director Scott Blackburn (3/5/19)
    • National Review: PACs Represent People, Too, by Chairman Bradley A. Smith (2/13/19)
    • New York Daily News: Your tax dollars for their elections? No thanks, by former Senior Policy Analyst Eric Peterson (2/7/19)
    • Washington Examiner: Stop saying HR1 is ‘For the People’ when it’s only ‘For the Politicians’, by Policy Analyst Alex Baiocco (2/6/19)

TV, Radio, and Podcasts:

• • • Chairman Bradley A. Smith on The Federalist Society’s Necessary & Proper Podcast (6/23/21) *NEW*
    • President David Keating on WMAL’s The Larry O’Connor Show (4/7/21) *NEW*
    • President David Keating on C-SPAN’s Washington Journal (3/6/19)
    • President David Keating on NPR’s On Point (3/6/19)
    • Communications Director Luke Wachob on Cato Institute’s Cato Daily Podcast (3/6/19)
    • Senior Fellow Eric Wang on Texas Scorecard Radio (2/7/19)
    • Communications Director Luke Wachob on FreedomWorks’ Facebook Live (1/17/19)

Other Resources

Opposition Letters/Statements:

• • • Independent Women’s Forum, Independent Women’s Law Center, and Independent Women’s Voice Joint Letter Opposing S. 1’s Assault on the Right of Freedom of Association (3/24/21) *NEW*
    • National Taxpayers Union: Filling in Scoring Gaps on H.R. 1: 2021 Edition (3/3/21) *NEW*
    • U.S. Chamber of Commerce Key Vote Letter Opposing H.R. 1, “For the People Act” (3/2/21) *NEW*
    • Conservative Action Project Coalition Letter Opposing H.R. 1 (2/10/21) *NEW*
    • Letter from Nine Former FEC Commissioners Expressing Concerns with H.R. 1 and S. 1 (2/9/21) *NEW*
    • People United for Privacy Coalition Letter Opposing H.R. 1 and S. 1 (2/1/21) *NEW*
    • ACLU Letter Opposing Portions of H.R. 1 and Requesting Hearings and Mark-Ups (1/29/21) *NEW*
    • R Street Statement Opposing H.R. 1 (1/25/21) *NEW
    • U.S. Chamber of Commerce Coalition Letter Opposing H.R. 1 (3/5/19)
    • ACLU Letter Opposing H.R. 1 (3/1/19)
    • National Taxpayers Union Statement Opposing H.R. 1 (2/25/19)
    • FreedomWorks Coalition Letter Opposing H.R. 1 (2/21/19)

Independent Commentary:

• • • The Wall Street Journal: The Gory Details of H.R. 1, by Columnist Kimberley A. Strassel (6/24/21) *NEW*
    • The Exponent Telegram: S. 1 would transform nonprofits into PACs, by Cardinal Institute for West Virginia Policy’s Garrett Ballengee (5/12/21) *NEW*
    • Fox News: Dems’ S1 election bill poses grave threat to free speech, by U.S. Senator Jerry Moran and FreedomWorks’ Adam Brandon (5/11/21) *NEW*
    • National Review: The Democrats’ Threat to Donor Privacy, by Institute for Liberty’s Andrew Langer (5/10/21) *NEW*
    • Real Clear Politics: Here’s How S.1/H.R. 1 Could Silence You, by Stand Together’s Sarah Ruger (5/8/21) *NEW*
    • Anchorage Daily News: National voting bill would turn political debates into personal conflict, by former Alaska Lieutenant Governor Mead Treadwell (4/17/21) *NEW*
    • Cato Institute: H.R. 1: When Is It OK for Partisans To Control An Elections Panel?, by Walter Olson (4/7/21) *NEW*
    • Washington Examiner: HR 1 would enable more scandals like the Obama IRS targeting of conservatives, by Americans for Tax Reform’s Alex Hendrie (4/2/21) *NEW*
    • The Washington Times: Say no to the ‘Corrupt Politicians Act’, by Tea Party Patriots’ Jenny Beth Martin (3/29/21) *NEW*
    • The Patriot-News: Congress passed an incumbent bailout bill, by former U.S. Senator Rick Santorum (3/27/21) *NEW*
    • The Dispatch: How the House’s Election Reform Bill Would Exacerbate Our Polarization, by Americans for Prosperity’s Casey Mattox (3/26/21) *NEW*
    • InsideSources: Protecting a Hard-Won Right, by Frederick Douglass Foundation’s Reverend Dean Nelson and Loudoun County NAACP’s Phillip E. Thompson, Esq. (3/9/21) *NEW*
    • The Washington Post: H.R. 1 could restore our democracy. As it’s written now, it could hurt it, too., by ACLU’s Kate Ruane and Sonia Gill (3/3/21) *NEW*
    • The Center Square: H.R. 1 Threatens Donor Privacy and Free Speech, by Taxpayers Protection Alliance’s Daniel Savickas (3/2/21) *NEW*
    • Roll Call: Reformers say HR 1 will fortify our democracy. Science shows it won’t, by Professors David M. Primo and Jeffrey D. Milyo (2/26/21) *NEW*
    • Fox News: Pelosi, Schumer priorities – here’s how free speech, fair elections and more at risk, by Americans for Tax Reform’s Grover Norquist (2/2/21) *NEW*
    • The Hill: Politicians once again prioritize silencing those who disagree with them, by Americans for Prosperity’s Ted Ellis (1/21/21) *NEW*
    • The Wall Street Journal: Pelosi’s Top Priority: Consolidating Power, by Editorial Board (1/14/21) *NEW*

TV, Radio, and Podcasts:

• • • Wiley’s Political Law Podcast: H.R. 1 – The Impact on the FEC, featuring Lee Goodman and Eric Wang (3/3/21) *NEW*
    • Cato Institute’s Cato Daily Podcast: Free Political Speech Online vs. Democrats’ Election Reforms, featuring Caleb O. Brown and Will Duffield (3/2/21) *NEW*
    • Wiley’s Political Law Podcast: H.R. 1 – How would the Lobbying Disclosure Act be Affected?, featuring D. Mark Renaud (2/25/21) *NEW*
    • Wiley’s Political Law Podcast: H.R. 1: Digital Ad Regulation and Foreign National Prohibitions: What Political Advertisers and Ad Platforms Need to Know, featuring Joan Stewart and Eric Wang (2/23/21) *NEW*
    • Wiley’s Political Law Podcast: H.R. 1 – Disclosure, Disclaimers, and FEC Certifications: What Corporations, Non-Profits, and Trade Associations Need to Know, featuring D. Mark Renaud and Eric Wang (2/18/21) *NEW*