First Amendment and Campaigns: More Campaign Speech Benefits Voters

January 1, 2018  •  By IFS Staff  •    •  

At the heart of the First Amendment is the assumption that Americans are best served by a full and free discussion of whom to elect. The American system of government sits atop the bedrock of the First Amendment. From the pamphleteering of the founding era to the Facebook ads of today, political campaigns have been premised upon free and open…

Letter to Londonderry, New Hampshire Town Council Concerning Councilors’ First Amendment Rights

October 23, 2020   •  By Owen Yeates   •  , , ,

The Londonderry, New Hampshire Town Council has warned Town Councilors that they are not to comment on public matters on social media or in ...

Should Campaign Consultants and Public Opinion Polls Decide Which Political Speech Receives First Amendment Protection?

September 28, 2020   •  By Barnaby Zall   •  , , ,

There’s a new book out by Professors David Primo and Jeffrey Milyo on a fundamental issue in First Amendment law. The authors find that ...

Restrictions on ballot slogans violate free speech

This piece originally appeared in the The Star-Ledger on July 30, 2020.   If you voted in the primary, you probably noticed a short slogan ...

Constitutional Concerns with Proposed Code of Wyoming Rules Chapter 002.0005.28

July 24, 2020   •  By Tyler Martinez   •  , , ,

The Institute urges the Wyoming Secretary of State to rewrite and narrow the Proposed Rule defining “direct coordination” to avoid unnecessarily encroaching on core ...

Candidates Sue New Jersey Over Restrictions on Campaign Slogans

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July 2, 2020   •  By IFS Staff   •  , , ,

 Two candidates for Congress in New Jersey today asked a federal court to declare the state's restrictions on campaign slogans unconstitutional. The Institute for Free Speech ...

Mazo and McCormick v. Way, et al.

July 2, 2020   •  By Scott Blackburn   •  , ,

New Jersey law allows candidates in primary elections for Congress to include a slogan of up to six words next to their name on ...

Yes, Politicians, “False” Speech About You Is Protected by the First Amendment

June 16, 2020   •  By Alex Baiocco   •  , , ,

Many false statements are protected by the First Amendment, for good reason. Determining whether political statements or ads are false or deceptive is often ...

Pandemic Gives Incumbents Yet Another Advantage Over Challengers

May 4, 2020   •  By Tiffany Donnelly   •  , ,

The current public health crisis magnifies the disparity between challengers and incumbents. The entire country is almost singularly focused on the impact of COVID-19, ...

Barr v. American Association of Political Consultants

April 1, 2020   •  By Scott Blackburn   •  , ,

Under the Telephone Consumer Protection Act of 1991, the use of automatic dialing or prerecorded calls to cell phones is generally prohibited. The Federal ...

Super PAC Rejections Hurt Democratic Primary

March 26, 2020   •  By Brad Smith   •  , ,

This piece originally appeared in National Review on March 26, 2020.    The 2020 Democratic presidential primary began with over 20 governors, senators, congressmen, and political ...

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