Corporate Governance: Civic Engagement by Businesses is Good for Democracy

January 1, 2018  •  By IFS Staff  •    •  

Corporations, like unions and other organizations, have a constitutional right to discuss politics. In fact, Americans expect companies to advocate for policies that protect their employees’ jobs, reduce costs to consumers, and spur technological innovation and growth. The courts have sanctioned the political speech rights of corporations on many occasions. Having lost the constitutional battle, those who oppose corporate speech…

The First Amendment Applies to All – And You Can Take that to the Bank

January 19, 2022   •  By Nathan Maxwell   •  , ,

New Jersey, as opposed to the federal government, doesn’t ban corporate entities from making campaign contributions. Except, that is, if you’re a bank.

New Jersey Bankers Association v. Attorney General of New Jersey

November 23, 2021   •  By IFS staff   •  , , ,

Industry-specific contribution bans such as New Jersey’s directly burden associational rights and are subject to exacting scrutiny, which requires narrow tailoring. The district court ...

Another Day, Another (Employee PAC) Dollar Misrepresented

October 27, 2021   •  By Tiffany Donnelly   •  , , ,

Welcome to another absurd yet completely predictable installment of misusing disclosure data. This time, it’s the media outlet Axios misusing data and misleading the ...

Issue Analysis No. 12: Did Citizens United Harm Political Participation?

September 20, 2021   •  By Alec Greven   •  , , ,

When the Supreme Court decided Citizens United v. FEC in 2010, many critics argued it would have a devastating impact on democracy. This analysis ...

If Corporations Can Speak, Then They Can Speak Freely

July 27, 2021   •  By Nathan Maxwell   •  , , ,

When the Georgia General Assembly took on voting rules in March, partisan attitudes toward corporate speech rights inverted, with Republicans now opposed and Democrats ...

FDRLST Media LLC v. National Labor Relations Board

March 29, 2021   •  By IFS Staff   •  ,

In Mr. Domenech’s case, a third-party interloper has wielded the National Labor Relations Act as a weapon to silence purely political speech with which ...

Misunderstanding Corporate PACs: The Media’s Mistaken Target

March 17, 2021   •  By Nathan Maxwell   •  , ,

In the aftermath of the Capitol riot, media outlets have increased their focus on an often-misunderstood vehicle for political contributions – corporate PACs. Misleading ...

The Democrats’ New Schemes to Control Political Speech

This, apparently, is the president’s vision of democracy: a status quo-preserving machine wherein those in power get a monopoly on political speech, while the ...

Without Citizens United, that new Borat movie would be illegal

November 2, 2020   •  By Eric Wang   •  , , ,

Fans of the new Borat sequel should thank the Supreme Court’s much-maligned and misunderstood Citizens United decision. Without that ruling, America would resemble the autocratic regime in Borat’s ...

Highlights of First Amendment-Related Exchanges Between Judge Barrett and Senate Judiciary Committee Members

The Institute for Free Speech reviewed transcripts of Judge Barrett’s answers to questions from members of the U.S. Senate Judiciary Committee during days two ...

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