Litigation

Litigation

The Institute for Free Speech’s litigation team works to fulfill IFS’s mission to promote and defend First Amendment rights to free political speech, assembly, and petition through strategic litigation.

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To that end, the team represents clients across the country, on a pro bono basis, in order to secure the clients’ First Amendment rights. Through 2016, IFS has represented over 20 clients whose rights to free speech and free association have been infringed by state or federal laws. Legal Director Allen Dickerson and his team of experienced attorneys have fought for their clients’ rights at all levels of the litigation process, from initial filing all the way to the Supreme Court. IFS boasts a diverse array of clients from across the political spectrum who share one common trait – a willingness to fight to protect their constitutional rights. Despite the difficulty in challenging entrenched power in states and the federal government, IFS takes on the tough cases that are necessary to protect the rights of citizens.

The IFS litigation team also engages in extensive amicus curiae efforts to provide their top-level expertise to courts. In doing so, IFS regularly teams with top legal scholars and organizations across the country in order to provide the courts with unique experience or perspectives that otherwise would be lost. Through 2016, IFS has written over 55 amicus briefs.

From Nevada to Delaware, Colorado to Washington D.C., the Institute’s litigation team has worked tirelessly to defend the First Amendment. To learn more about IFS cases and efforts, check out some of IFS’s cases below.

For information about IFS current cases, click here.

For information about IFS completed cases, click here.

For information about IFS amicus work, click here.

Featured Litigation

Calzone v. Missouri Ethics Commission

Can a state government fine you simply for talking to state legislators? That is the question at the center of Calzone v. Missouri Ethics Commission.

Mr. Calzone’s difficulties with state regulators began on Election Day in 2014, when the Society of Government Consultants, a lobbyist guild in Missouri, filed a complaint with the Missouri Ethics Commission. The complaint claimed that, when Mr. Calzone spoke with legislators during his advocacy, he was acting as a paid lobbyist – and that his failure to register as a lobbyist with the state was against the law, subjecting him to fines and possibly even jail time.

The IFS Legal Team has stepped in to defend Mr. Calzone against these charges, representing Calzone in September when his case came before the Missouri Ethics Commission. The Ethics Commission has argued that because Mr. Calzone has publicly mentioned his involvement with Missouri First – a nonprofit organization with no financial resources – he must register as a lobbyist and list Missouri First as the organization for which he is speaking.

Center for Competitive Politics v. Becerra

Does California’s attorney general have the power to ban a nonprofit organization from asking for donations unless it hands over a list of its past supporters for inspection, even if the group has no involvement in elections? That simple question is at the heart of Center for Competitive Politics v. Becerra.

FEC v. Swallow

Can the FEC punish an individual for giving advice? That is the question at the core of Federal Election Commission v. Jeremy Johnson and John Swallow.

The Institute’s legal team has stepped in to defend former Utah Attorney General John Swallow. The FEC is looking to punish Mr. Swallow for an alleged illegal contribution that Mr. Swallow neither gave nor received. The FEC’s justification for this punishment relies on an overbroad and unconstitutional rule that punishes Mr. Swallow for his speech – in this case his verbal “help” to Mr. Johnson. This regulation is a clear violation both of the FEC’s regulatory authority and the First Amendment rights of those looking to speak and associate with candidates and donors.

Holmes v. FEC

Can Congress impede political participation and association by forcing an individual to split her political donations between primary and general elections? Federal law forces individuals to split their campaign contributions on a per-election basis. Thus, in 2014, a donor was forced to split her donation into $2,600 for the primary election and $2,600 for the general. This rule impedes the political participation of a donor who only wants to support her party nominee—and avoid wasting her donation on the intra-party squabbles of a primary election. IFS filed a lawsuit on behalf of a Florida couple who are challenging this law, saying that the per-election requirement mandated by Congress force them to either potentially waste $2,600 on a candidate for the party nomination or give up exercising their constitutional rights to the full extent allowed by law.

Howard Jarvis Taxpayers Association v. Brown

Can California legislators overturn the will of the people in order to institute tax-financed campaigns? That’s the question in Howard Jarvis Taxpayers Association v. Brown.

In 1988, voters passed an initiative in California that prohibited tax dollars being spent on any politician’s campaign. This initiative was again supported by voters in 2000, along with a provision that prohibited California legislators from overturning this ban themselves. Instead, any changes to California’s ban on tax financing must be done through the state’s initiative process, controlled directly by the voters. But in 2016, California legislators ignored the voters of their state. They passed, and Governor Jerry Brown signed, a law that allows tax dollars to go directly into politician’s campaign coffers.

On behalf of the Howard Jarvis Taxpayers Association and retired State Senator and Judge Quentin L. Kopp, IFS joins the Center for Constitutional Jurisprudence and Bell, McAndrews, and Hiltachk, LLP in a suit against California for enacting this law, in violation of the State’s Constitution and the will of the citizenry.

The November Team, et al., v. Joint Commission on Public Ethics

The New York State Joint Commission on Public Ethics is attempting to force public relations firms and other individuals who communicate with the media about public policy to register as lobbyists. This case raises the simple question whether a state agency can, consistent with the First Amendment, declare that private communications with the press constitute ‘lobbying,’ and then mandate persons who so communicate to submit to a burdensome regulatory regime that exposes them to criminal prosecution or fines for non-compliance. The answer, emphatically, is “no.”

The Center for Competitive Politics is now the Institute for Free Speech.