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Recapping the year of the super PAC

December 27, 2012  •  By Sarah Lee   •  ,

As we enjoy the relative radio silence of all things related to super PACs, campaign finance, the influence of the misnamed “dark” money in ...

Fooling the Court

Bradley A. Smith, Chairman and Founder
March 1, 2006  •  By Brad Smith   •  ,

The two cases we’ve been discussing this week share, in my mind, a defining characteristic: each involves attempts to fool the Court about what ...

Academic Research

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Why Social Media Platforms are not Common Carriers

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January 5, 2023  •  By IFS staff   •  ,

Authored by Ashutosh Bhagwat   Abstract: In a recent opinion respecting denial of certiorari, Justice Clarence Thomas expressed concerns about the degree of control ...

Corporate Political Spending and State Tax Policy: Evidence from Citizens United

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August 14, 2022  •  By IFS staff   •  , , ,

Abstract To what extent is U.S. state tax policy affected by corporate political contributions? The 2010 Supreme Court Citizens United v. Federal Election Commission ...

Do Campaign Finance Reforms Insulate Incumbents from Competition? New Evidence from State Legislative Elections

July 10, 2020  •  By IFS Staff   •  , ,

Abstract: Variations in state campaign finance regulations across states and over time provide an opportunity to test the effects of reforms on the electoral ...

Small-Donor-Based Campaign-Finance Reform and Political Polarization

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November 18, 2019  •  By IFS Staff   •  ,

Abstract: The communications revolution has led to a sudden, dramatic explosion in small-donor contributions to national election campaigns. In response, many political reformers, including ...

Risky Business: Do disclosure and shareholder approval of corporate political contributions affect firm performance?

May 8, 2019  •  By IFS Staff   •  , ,

Abstract: The role of corporations in the U.S. political process has received increased scrutiny in the wake of the U.S. Supreme Court’s Citizens United ...

Why the Government Should Not Regulate Content Moderation of Social Media

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April 9, 2019  •  By IFS Staff   •  ,

President Trump recently complained that Google searches are biased against Republicans and conservatives. Many conservatives argue that Facebook and Google are monopolies seeking to ...

Transparency and Corruption: A General Analysis

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January 11, 2019  •  By IFS Staff   •  ,

Abstract: This essay makes two claims: transparency in government causes the very corruption it aims to prevent, and the problem is universal. Some scholars, ...

Curtailing the Cudgel of ‘Coordination’ by Curing Confusion: How States Can Fix What the Feds Got Wrong on Campaign Finance

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April 20, 2018  •  By IFS Staff   •  , , ,

Abstract: The theory behind laws prohibiting coordinated communications is intuitive and simple. If a candidate for office, who is subject to statutory limits on ...

Staring at the Sun: An Inquiry into Compulsory Campaign Finance Donor Disclosure Laws

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December 14, 2017  •  By IFS Staff   •  , , ,

Abstract: Since the Supreme Court’s 2010 decision in  Citizens United v. Federal Election Commission, proponents of stricter campaign finance regulation have increasingly prescribed “disclosure” ...

Free Speech Under Fire: The Future of the First Amendment

December 2, 2016  •  By Joe Albanese   •  , , ,

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 ...

Amicus Brief

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Amicus Brief: Rongstad v. Lassa

April 12, 2007  •  By IFS staff   •  ,

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Amicus Brief: Shays v. FEC

February 21, 2007  •  By IFS staff   •  ,

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Debunking Three Myths about the “Honest Ads Act”

May 30, 2018  •  By Luke Wachob   •  , ,

The deceptively-named “Honest Ads Act” is a proposal in Congress that would increase regulations for paid political and issue advertising on the Internet – ...

The FEC, LLCs, and Political Contribution Disclosure

April 16, 2016  •  By Brad Smith   •  , ,

Recently, there’s been a flap at the FEC about whether the Commission should have found certain actors were in violation of the laws governing ...

The Brennan Center Backs Off the Ledge

October 14, 2015  •  By Luke Wachob   •  ,

The campaign finance “reform” movement is at a crossroads. Some influential elements are pushing the envelope farther than ever, but others are stepping back ...

Is Corporate Political Activity Controversial? New Polling Emphatically Says No.

September 16, 2015  •  By Luke Wachob   •  , ,

If the government is considering a law that would damage your business, how would you respond? According to a new poll from the Public Affairs ...

Calling Campaign Legal Center: Incorruptible Oregon refuses to get with the program

August 23, 2014  •  By Brad Smith   •  ,

A couple weeks ago, the Campaign Legal Center’s lobbyist, Meredith McGehee, took the pages of The Hill to excoriate Virginia for not passing more ...

The Dangers of Government Control over Campaigns: NYC Edition

March 14, 2014  •  By Luke Wachob   •  ,

As New York State legislators consider implementing a taxpayer-financed campaign scheme modeled after New York City’s program, a complaint filed against the New York ...

Media Watch: Unethical attack by CREW’s Melanie Sloan

May 1, 2013  •  By David Keating   •  ,

Melanie Sloan today took an unethical shot at Federal Election Commissioner Donald McGahn, writing in Politico that he “has boasted, ‘I’m not enforcing the ...

Smith, Wang, Discuss FEC Reform at GW Panel

May 1, 2013  •  By David Silvers   •  ,

On Tuesday, CCP Chairman Brad Smith and CCP Senior Legal Fellow Eric Wang participated in a panel, “The Future of the Federal Election Commission ...

What Is the Place of Corporate Money in Democratic Politics?

April 3, 2013  •  By Joe Trotter   •  ,

Most Americans express deep reservations about corporate campaign contributions, expenditures, lobbying, and other ways that for-profit entities are involved in elections and legislation. There are two ...

Independent Spending & Incumbency, 2010

August 1, 2012  •  By Jason Farrell   •  ,

Using information obtained from the New York Times, Real Clear Politics, state websites, and the Center for Responsive Politics, we were able examine the ...

Expert Analysis

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Smith’s testimony before the United State House of Representatives Judiciary Committee Subcommittee on the Constitution

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April 4, 2006  •  By Brad Smith   •  ,

Senior Advisor CCP, Prof Brad Smith testified on behalf of CCP before the United States House of Representatives, Judiciary Committee on lobbying reform ...

Explainers

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Political “Deepfake” Laws Threaten Freedom of Expression

January 5, 2022  •  By Alex Baiocco   •  ,

Recently, politicians have become concerned about potential widespread distribution of “deepfakes” of candidates and public officials. But, as history has shown, punishing false or ...

Americans for Prosperity Foundation v. Bonta: Questions and Answers

August 30, 2021  •  By Brad Smith   •  , , ,

This primer answers common questions about the Supreme Court's decision in Americans for Prosperity Foundation v. Bonta, its immediate impact on nonprofits, and possible ...

The Truth About “Microtargeting” and Political Speech: Why a Ban Is a Bad Idea

May 25, 2021  •  By Alex Baiocco   •  , ,

Targeting tools for online ads have become cheap, easy to use, and effective. This has yielded tremendous benefits for political speech and association. Some ...

Benefits of “Microtargeting”: Why Online Ad Targeting Tools Are Good for Free Speech and Democracy

May 25, 2021  •  By Alex Baiocco   •  , ,

Targeted online ads are an essential tool for Americans seeking to join forces with fellow citizens to make their voices heard. Now, some propose ...

Industry-Based Contribution Bans: Should Your Line of Work Determine Your First Amendment Rights?

September 24, 2020  •  By Heather McGuire   •  , , ,

A new and creative way to restrict speech has arrived in the form of industry-based contribution bans. These bans typically target an industry and ...

Presidential Nominating Convention Accounts’ Expenditure Limit: A Cap on Political Expression

September 9, 2020  •  By Heather McGuire   •  , ,

Although the 2020 presidential nominating conventions have concluded, the national parties will be forced to navigate both expected, inflated costs and unexpected costs in ...

“Paid For By”: Principles for Accurate and Effective Political Ad Disclaimers in the 21st Century

July 13, 2020  •  By Alex Baiocco   •  ,

Policymakers should consider the following key principles for crafting requirements that promote accurate and effective disclaimers while minimizing costs to speech, privacy, and associational ...

Citizens United After 10 Years: More Speech, Better Democracy

January 16, 2020  •  By Scott Blackburn   •  ,

On January 21, 2010, the Supreme Court struck down a federal law in Citizens United that prohibited corporations and labor unions from independently voicing ...

What Would H.R. 1 Mean for My Group?

PDF available here By Eric Wang, Senior Fellow[1] One way to better understand how H.R. 1 would affect nonprofit civic and advocacy groups is ...

Regulating the Internet: A Dangerous Trend for Free Speech

August 9, 2018  •  By Luke Wachob   •  ,

The First Amendment is facing a new threat in state legislatures. A spate of bills that would regulate political and issue advertising on the ...

IFS Cases

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Compulsory Donor Disclosure: When Government Monitors Its Citizens

November 3, 2015  •  By Matt Nese   •  ,

The right of every American to support causes in which he or she believes is under attack through compulsory disclosure laws. These excessive disclosure laws do ...

IFS Research

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In Pursuit of Greater Privacy: A More Nuanced Approach to Disclosure of Candidate Contributions in the Internet Age

June 12, 2025  •  By Helen Knowles-Gardner   •  ,

The nation’s laws have fallen well behind the technological advances of the Internet Age, and, as a result, the privacy of every American has ...

Journal of Supreme Court History Publishes Another New Article by Knowles-Gardner on NAACP v. Alabama

April 16, 2025  •  By IFS Staff   •  , ,

Last month, the Journal of Supreme Court History published a new article from Institute for Free Speech Research Director Helen Knowles-Gardner detailing another aspect ...

Journal of Supreme Court History Publishes New Work of Knowles-Gardner on NAACP v. Alabama

December 5, 2024  •  By IFS Staff   •  , ,

This November, the Journal of Supreme Court History published a new article from Institute for Free Speech Research Director Helen Knowles-Gardner detailing the oral ...

A Lawfare Threat Looms in the Lone Star State

Texas
October 1, 2024  •  By Helen Knowles-Gardner & Peter Russo   •  ,

Texans have enjoyed the expressive freedom protections of a robust anti-SLAPP law since 2011, when the Texas Citizens Participation Act (TCPA) was enacted. However, ...

Seattle University Law Review Publishes Knowles-Gardner Article about Historic NAACP Litigation on First Amendment Day

September 26, 2024  •  By IFS Staff   •  , ,

This First Amendment Day, Seattle University Law Review published an important article from Institute for Free Speech Research Director Helen Knowles-Gardner.

Putting “Dark Money” in Context: Campaign Spending by Nonprofits per Election Cycle

May 7, 2024  •  By Helen Knowles-Gardner   •  ,

One of the principal misconceptions about “dark money” is that it accounts for a significant percentage of total campaign spending.

Report on Inflation Adjustments to State Contribution Limits

September 19, 2023  •  By Alec Greven   •  , ,

Failure to protect campaign contribution limits from inflation harms free political speech.

Do States with Fewer Campaign Finance Regulations Have More Corruption?

May 24, 2023  •  By Alec Greven   •  , , ,

New research finds that states ranking highly for free political expression are not highly ranked states for corruption. In fact, states that have the ...

Free Speech Index

The Institute for Free Speech is pleased to present the Free Speech Index: Grading the 50 States on the Freedom To Speak About Government. ...

The Mirage of Corruption: An Analysis of the Supreme Court’s “Appearance of Corruption” Standard

August 8, 2022  •  By Alec Greven   •  , , ,

The Supreme Court’s landmark Buckley v. Valeo decision laid the foundation for modern campaign finance law in the United States. The decision rests on ...