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:

• • • 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 (2/14/19)
    • Testimony of Bradley A. Smith Before the U.S. House Oversight and Reform Committee (2/6/19)
    • Letter to the U.S. House Judiciary Committee on Citizens United and H.R. 1 (1/29/19)

Blog Posts:

• • • 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:

• • • 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:

• • • 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:

• • • 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 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:

• • • 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*
    • 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:

• • • Roll Call: Reformers say HR 1 will fortify our democracy. Science shows it won’t, by 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 Grover Norquist (2/2/21) *NEW*
    • The Hill: Politicians once again prioritize silencing those who disagree with them, by Ted Ellis (1/21/21) *NEW*
    • The Wall Street Journal: Pelosi’s Top Priority: Consolidating Power, by Editorial Board (1/14/21)