First Amendment

Citizens United v. FEC: Facts and Falsehoods

“If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” – Citizens United v. Federal Election Commission, 558 U.S. 310, 349 (2010) The U.S. Supreme Court’s 2010 ruling in Citizens United v. Federal Election Commission struck down a provision of […]

Filed Under: Blog, Citizens United v. Federal Election Commission, Disclosure, Disclosure, Disclosure, Disclosure Handouts, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Research, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation

A World Without Buckley v. Valeo

“The concept that government may restrict the speech of some elements of our society in order to enhance the relative voice of others is wholly foreign to the First Amendment.” – Buckley v. Valeo, 424 U.S. 1, 48 (1976) Decided over forty years ago, the landmark 1976 Supreme Court decision, Buckley v. Valeo, remains at […]

Filed Under: Blog, Contribution Limits, Contribution Limits, Contribution Limits Handouts, Contributions & Limits, Disclosure, Disclosure, Disclosure, Disclosure Handouts, Expenditure, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Money in Politics, Research, buckley, Buckley v. Valeo, Contributions & Limits, Disclosure, Expenditure, First Amendment, Independent Speech, Jurisprudence & Litigation

Self-Styled Campaign Finance “Reformers” Jump the Shark

Self-Styled Campaign Finance “Reformers” Jump the Shark Ten Stunts, Antics, and Exploits That Show Many Anti-Free Speech Activists Have Lost It By Luke Wachob Introduction What do activists do when the government isn’t prioritizing their cause? What does the head of a federal agency do when she doesn’t get her way? What do “good government” […]

Filed Under: Amending Press Release/In the News/Blog, Amending the Constitution, Blog, Citizens United v. Federal Election Commission, Enforcement, Faulty Assumptions, FEC, First Amendment, Issues, Money in Politics, Research, Super PACs, Super PACs, "John Doe", Ann Ravel, Democracy Spring, Doug Hughes, ellen weintraub, federal election commission, Gyrocopter, Larry Lessig, Mayday PAC, Udall Amendment, Zephyr Teachout, Enforcement, Faulty Assumptions, First Amendment, Enforcement, Faulty Assumptions, First Amendment, Super PACs, Wisconsin

Free Speech Under Fire: The Future of the First Amendment

In a set of remarks preceded by Brooklyn Law School President and Joseph Crea Dean Nicholas W. Allard, famed First Amendment lawyer Floyd Abrams muses on the recent and founding history of First Amendment law. Abrams is a longtime partner at Cahill Gordon & Reindel and was counsel on well-known First Amendment cases like the Pentagon […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, Antonin Scalia, Austin v. Michigan Chamber of Commerce, Bill of Rights, Brown v. EMA, corruption, Floyd Abrams, Founding Fathers, Hill v. Colorado, Nicholas W. Allard, Samuel Alito, Stephen Breyer, First Amendment, Jurisprudence & Litigation, First Amendment, Jurisprudence & Litigation

Freedom of Speech and Equality: Do We Have to Choose?

In this essay, Nadine Strossen, the John Marshall Harlan II Professor of Law at New York Law School and former president of the ACLU, argues that the principles of freedom of speech and equality are not in conflict, as is often claimed by those who criticize protections for hateful or offensive speech. Written as part […]

Filed Under: First Amendment, Research, ACLU, Campus Speech, Hate Speech, Nadine Strossen, First Amendment, First Amendment

Free Speech Matters: The Roberts Court and the First Amendment

In this article, Brooklyn Law School Professor Joel M. Gora, a CCP Academic Advisor, examines the impact of the Roberts Court on First Amendment rights after ten years, particularly with regards to campaign finance law in cases like Citizens United v. FEC and McCutcheon v. FEC. Written as part of a symposium on “Free Speech Under Fire” […]

Filed Under: Contributions & Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Research, Taxpayer Financed Campaigns, Antonin Scalia, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, Buckley v. Valeo, Chief Justice John Roberts, Citizens United v. FEC, Joel Gora, McCutcheon v FEC, The Roberts Court, Contribution Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Taxpayer Financed Campaigns, Contributions & Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Taxpayer Financed Campaigns

The Academy, Campaign Finance, and Free Speech Under Fire

In this short essay, Center for Competitive Politics Chairman and Co-Founder and Capital University Law School Professor Bradley A. Smith argues that academic efforts to fit campaign finance restrictions within the rubric of the First Amendment have distorted First Amendment doctrine and contributed to a decline in respect for free speech generally. Written as part […]

Filed Under: First Amendment, Independent Speech, Jurisprudence & Litigation, Research, Bradley A. Smith, corruption, Larry Lessig, Richard Hasen, Robert Post, Zephyr Teachout, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation

Neutral Principles and Some Campaign Finance Problems

In this William and Mary Law Review article by John O. McGinnis, the author discusses both positive and normative objectives in regards to regulating matters of campaign finance. As a positive matter, the article shows that the Roberts Court’s campaign finance regulation jurisprudence can be best explained as a systematic effort to integrate that case law […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, John O. McGinnis, The Roberts Court, William and Mary Law Review, First Amendment, Jurisprudence & Litigation, First Amendment, Jurisprudence & Litigation

Susan B. Anthony List v. Driehaus and the (Bleak) Future of Statutes that Ban False Statements in Political Campaigns

In this University of Pennsylvania Law Review article, author Margaret H. Zhang assesses the constitutionality of state false statement law statutes in the wake of recent court decisions. As Zhang explains, today’s political candidates must be prepared for mudslinging targeted not just at their professional lives, but also at their private lives, appearance, genealogy, religion, […]

Filed Under: First Amendment, Independent Speech, Jurisprudence & Litigation, Research, SBA List v. Driehaus, False Statement Laws, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation, Alaska, Colorado, Florida, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oregon, Tennessee, Utah, Washington, West Virginia, Wisconsin

Compulsory Donor Disclosure: When Government Monitors Its Citizens

In this Heritage Foundation Legal Memorandum by CCP Chairman Bradley A. Smith, Research Fellow Scott Blackburn, and Policy Analyst Luke Wachob, the authors explain how political speech in America is subject to an ever expanding disclosure regime as more and more private information – including citizens’ names, home addresses, employers, and occupations, as well as […]

Filed Under: Citizens United v. Federal Election Commission, Disclosure, Disclosure, Faulty Assumptions, Featured Content, First Amendment, Independent Speech, IRS and the Tea Party, Research, Dark Money, Heritage Foundation, Private Giving, Disclosure, Faulty Assumptions, First Amendment, Independent Speech, Disclosure, Faulty Assumptions, First Amendment, Independent Speech, California, Montana, New York, Wisconsin

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