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Issue Advocacy: A Cornerstone of Democracy
January 1, 2018  •  By IFS Staff  •    •  

The First Amendment protects speech from burdensome government regulation. Until the 1970s, federal law largely did not regulate either campaign speech or issue speech by advocacy groups. That changed with the adoption of the Federal Election Campaign Act. The Act attempted to regulate any speech “relative to a clearly identified candidate.” This law, and the subsequent Supreme Court decision Buckley…

H.R. 1 Resource Guide (2019)
March 6, 2019   •  By IFS Staff   •  , , , , , , , ,

H.R. 1, better known as the “For the Politicians Act,” would institute sweeping new limitations on speech about campaigns and public affairs. In response, ...

Woodhull Freedom Foundation, et al. v. U.S., et al.
February 21, 2019   •  By IFS Staff   •  ,

The Woodhull Freedom Foundation is challenging the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) because it “chills sexual speech and ...

Written Testimony of Tyler Martinez on Constitutional and Practical Concerns with Idaho S. 1114
February 20, 2019   •  By Tyler Martinez   •  , , , ,

In particular, I would like to note several significant legal and practical concerns raised by S. 1114, which proposes sweeping amendments to Idaho’s campaign ...

Testimony of David Keating Before the U.S. House Committee on House Administration on H.R. 1
February 14, 2019   •  By David Keating   •  , , , , , , , ,

One way to understand how H.R. 1 would harm nonprofit civic and advocacy groups is to apply its provisions to common advocacy and operating ...

Testimony of Bradley A. Smith Before the U.S. House Oversight and Reform Committee on H.R. 1
February 6, 2019   •  By Brad Smith   •  , , , , , , ,

Despite proponents’ insistence that H.R. 1 is “For the People,” the bill is anything but. More appropriately labeled the “For the Politicians Act,” H.R. ...

Analysis of H.R. 1 (Part Three)
February 5, 2019   •  By Brad Smith   •  , ,

PDF of Legislative Brief available here Analysis of H.R. 1 (Part Three): New Restrictions Target Speech by All Groups Under the Guise of “Stopping ...

Constitutional and Practical Issues with Colorado Senate Bill 19-068
January 28, 2019   •  By Allen Dickerson   •  , , , , ,

This legislation touches on fundamental First Amendment rights of speech, petition, and private association. S.B. 19-068 is, therefore, subject to “exacting scrutiny” – a heightened ...

Constitutional and Practical Issues with New Jersey S. 1500
January 17, 2019   •  By Eric Wang   •  , , ,

S. 1500 would subject advocacy groups to unconstitutionally vague, broad, and invasive new “disclosure” requirements for merely providing factual information to their members and ...

First Amendment Concerns Regarding Oklahoma Ethics Commission Amendment 2019-02
January 10, 2019   •  By Zac Morgan   •  , , ,

The Institute is seriously concerned that both proposals for Amendment 2019-02 raise significant questions under the First Amendment. Each runs counter to landmark federal ...

First Amendment Concerns with Oklahoma Ethics Commission Amendment 2019-02
December 14, 2018   •  By Allen Dickerson   •  , , ,

Yesterday evening, with mere minutes remaining in the work day, the Ethics Commission released draft language for Amendment 2019-02. The proposed amendment would significantly ...

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