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…

A ‘Teachable Moment’ on Free Speech

November 2, 2017   •  By Brad Smith   •  ,

President Obama often referred to “teachable moments”—unplanned opportunities to gain insight on a problem. We had one last month when President Trump tweeted: “With ...

Citizens United v. FEC: Facts and Falsehoods

November 2, 2017   •  By Luke Wachob   •  , , ,

The U.S. Supreme Court’s 2010 ruling in Citizens United v. Federal Election Commission struck down a provision of the Bipartisan Campaign Reform Act of ...

High court’s progressives are skeptical – sometimes

October 23, 2017   •  By Paul Jossey   •  ,

In the Supreme Court’s closely watched redistricting case, the Court’s progressive justices queried the counsel for the Wisconsin Legislature for unseemly motives, aware a ...

A World Without Buckley v. Valeo

Decided over forty years ago, the landmark 1976 Supreme Court decision, Buckley v. Valeo, remains at the heart of modern debates over the intersection ...

First Amendment gives advocacy groups a right to privacy

June 7, 2017   •  By David Keating   •  ,

By David Keating Perhaps you want to limit the right of elected officials, like Eric Greitens, to raise money for advocacy groups. If so, tread ...

Is the Supreme Court about to give state and local political parties a boost?

May 10, 2017   •  By Brad Smith   •  , , ,

By Bradley A. Smith As part of the McCain-Feingold campaign finance "reform" of 2002, virtually everything these local parties do was brought into the web ...

Hasen on Gorsuch on Citizens United

March 22, 2017   •  By Brad Smith   •  , ,

Rick Hasen thinks that Judge Gorsuch “misstates” the holding of Citizens United v. FEC in his Senate testimony, when he states: I think there is ample ...

Senator Klobuchar on Campaign Finance: An Admission Against Interest?

March 22, 2017   •  By Brad Smith   •  ,

As most any law student can tell you, “strict scrutiny” is the toughest standard of judicial review in federal court. Normally, it applies whenever ...

Trump’s America should force the left to embrace corporate speech

March 20, 2017   •  By Alex Baiocco   •  , , ,

This piece originally appeared in The Hill on March 19, 2017.   With confirmation hearings for President Trump’s Supreme Court nominee Neil Gorsuch fast ...

Neil Gorsuch, and the Supreme Court’s Role on Money in Politics

March 19, 2017   •  By Brad Smith   •  , ,

Democrats in Congress have signaled their intention to make campaign finance a major theme of the Gorsuch hearings this week. No doubt with that ...

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