Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
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Total |
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Calendar year
(or fiscal year beginning in)
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(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | 2,567,314 | 2,486,518 | 2,832,692 | 3,231,497 | 3,157,682 | 14,275,703 |
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3 | 2,567,314 | 2,486,518 | 2,832,692 | 3,231,497 | 3,157,682 | 14,275,703 |
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .. | 2,906,328 | |||||
| 6 | Public support. Subtract line 5 from line 4. | 11,369,375 | |||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 2,567,314 | 2,486,518 | 2,832,692 | 3,231,497 | 3,157,682 | 14,275,703 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | 65,186 | 70,542 | 102,248 | 57,212 | 137,669 | 432,857 |
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | 14,491 | 4,592 | 2,718 | 13,064 | 14,680 | 49,545 |
| 11 | Total support. Add lines 7 through 10 | 14,770,417 | |||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513 ..... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge | ||||||
| 6 | Total. Add lines 1 through 5 | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included on line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
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| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by 0.035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | 1 | |
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
2 | |
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | 3 | |
| 4 Amounts paid to acquire exempt-use assets | 4 | |
| 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI) | 5 | |
| 6 Other distributions (describe in Part VI). See instructions | 6 | |
| 7Total annual distributions. Add lines 1 through 6. | 7 | |
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
8 | |
| 9 Distributable amount for 2022 from Section C, line 6 | 9 | |
| 10 Line 8 amount divided by Line 9 amount | 10 | |
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2022 |
(iii) Distributable Amount for 2022 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2022 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2022 (reasonable cause required-- explain in Part VI).
See instructions. |
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| 3 Excess distributions carryover, if any, to 2022: | ||||
| a From 2017....... | ||||
| b From 2018....... | ||||
| c From 2019....... | ||||
| d From 2020....... | ||||
| e From 2021....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2022 distributable amount | ||||
|
i
Carryover from 2017 not applied (see instructions) |
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| j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. | ||||
| 4Distributions for 2022 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2022 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from line 4. | ||||
|
5
Remaining underdistributions for years prior to 2022, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
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6
Remaining underdistributions for 2022. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
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7 Excess distributions carryover to 2023. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2018..... | ||||
| b Excess from 2019..... | ||||
| c Excess from 2020..... | ||||
| d Excess from 2021..... | ||||
| e Excess from 2022..... | ||||
| Facts And Circumstances Test |
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| Return Reference | Explanation |
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| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| FORM 990, PART VI, SECTION A, LINE 8B | NO SUCH COMMITTEES EXISTED. |
| FORM 990, PART VI, SECTION B, LINE 11B | THE INSTITUTE'S AUDIT COMMITTEE REVIEWS A DRAFT OF THE 990 PRIOR TO FILING. A COPY OF THE FORM 990 IS ALSO PROVIDED TO THE INSTITUTE'S GOVERNING BODY BEFORE IT IS FILED. |
| FORM 990, PART VI, SECTION B, LINE 12C | EVERY YEAR BOTH THE BOARD OF DIRECTORS AND EVERY OFFICER REVIEWS THE CONFLICT OF INTEREST POLICY AND MUST DISCLOSE ANY CONFLICTS. THE BOARD OF DIRECTORS REVIEWS THE POLICY AT OR AROUND ITS FINAL MEETING OF THE YEAR AND EACH MEMBER PROVIDES WRITTEN ACKNOWLEDGMENT. EVERY EMPLOYEE ALSO RECEIVES AN ELECTRONIC COPY OF THE POLICY. ANY CONFLICTS OR POTENTIAL CONFLICTS ARE RESOLVED BY THE PRESIDENT OR OTHERWISE REPORTED BY THE PRESIDENT AND REVIEWED AND RESOLVED BY THE BOARD OF DIRECTORS. IN REVIEWING ANY CONFLICT OR POTENTIAL CONFLICT, ANY MEMBER OF THE BOARD OF DIRECTORS WHO MAY HAVE A CONFLICT IS RECUSED FROM RESOLVING THE CONFLICT OR POTENTIAL CONFLICT. |
| FORM 990, PART VI, SECTION B, LINE 15A | THE BOARD RETAINS AN INDEPENDENT COMPENSATION CONSULTANT TO PROVIDE A REPORT TO THE BOARD ON THE RANGE OF COMPENSATION AT COMPARABLE ORGANIZATIONS FOR THE PRESIDENT AND THE CHAIRMAN. THE BOARD SETS THE COMPENSATION OF THE PRESIDENT AND THE CHAIRMAN. DURING DISCUSSIONS OF THE CHAIRMAN'S COMPENSATION, THE CHAIRMAN DEPARTS THE MEETING AND DOES NOT VOTE ON THE MATTER. COMPENSATION FOR EMPLOYEES IS APPROVED BY THE PRESIDENT. |
| FORM 990, PART VI, SECTION C, LINE 19 | THE INSTITUTE'S FORM 990 IS AVAILABLE ON ITS WEBSITE AND IS AVAILABLE TO THE PUBLIC UPON REQUEST. THE AUDITED FINANCIAL STATEMENTS ARE AVAILABLE ON ITS WEBSITE. THE INSTITUTE DOES NOT MAKE ITS GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY AVAILABLE TO THE PUBLIC. |
| FORM 990, PART XII, LINE 2C | THE AUDIT COMMITTEE, COMPOSED OF MEMBERS OF THE BOARD OF DIRECTORS, IS RESPONSIBLE FOR THE SELECTION OF THE INDEPENDENT AUDITORS AND OVERSIGHT OF THE INDEPENDENT AUDIT. |
| CASES IN LITIGATION PART I | ALASKA POLICY FORUM V. ALASKA PUBLIC OFFICES COMMISSION (DISCLOSURE MANDATES) THIS CASE IS AN EXCELLENT EXAMPLE OF OUT-OF-CONTROL DONOR DISCLOSURE MANDATES. THE ALASKA POLICY FORUM (APF) SPENT LESS THAN $1,000 ON FIVE MINOR COMMUNICATIONS ON ITS WEBSITE THAT DISCUSSED RANKED-CHOICE VOTING (RCV). EVEN THOUGH NONE OF THE COMMUNICATIONS MENTIONED A 2020 BALLOT MEASURE ON RCV, AND SEVERAL DIDN'T EVEN MENTION ALASKA OR THAT NOVEMBER'S ELECTION, THE ALASKA PUBLIC OFFICES COMMISSION (APOC) RULED THE COMMUNICATIONS WERE EXPRESS ADVOCACY AGAINST THE BALLOT QUESTION. APF WOULD HAVE TO DISCLOSE DONORS OR PAY AN $8,000 FINE. WE ARE REPRESENTING THE GROUP IN AN APPEAL, FILED ON AUGUST 11, 2021, TO THE STATE COURT OF THIS OUTRAGEOUS DECISION. IFS CONTINUES TO REPRESENT APF TODAY, THE MOST RECENT ACTION BEING AN APPEAL TO THE SUPREME COURT FOR THE STATE OF ALASKA ON JANUARY 5, 2023, AND ORAL ARGUMENT BEFORE THAT COURT ON SEPTEMBER 6, 2023. A VICTORY WOULD SECURE A KEY PRECEDENT TO LIMIT THE SCOPE OF ONE OF THE WORST CAMPAIGN FINANCE DONOR DISCLOSURE LAWS IN THE NATION AND HELP PRESERVE FIRST AMENDMENT RIGHTS TO ASSEMBLY AND ASSOCIATION. |
| CASES IN LITIGATION PART II | BREVARD MOMS FOR LIBERTY V. BREVARD PUBLIC SCHOOLS (FLORIDA SCHOOL BOARD CENSORSHIP) WHEN BREVARD (FLORIDA) PUBLIC SCHOOLS (BPS) ADOPTED POLICIES THAT MANY PARENTS DISAGREED WITH, THE BREVARD MOMS FOR LIBERTY (M4L) DID WHAT ANY GROUP OF AMERICANS WOULD DO. THEY ORGANIZED MEMBERS OF THEIR COMMUNITY TO ATTEND PUBLIC SCHOOL BOARD MEETINGS AND SPEAK OUT. BUT INSTEAD OF A FAIR HEARING, THEY RECEIVED A TORRENT OF ABUSE AND CENSORSHIP. NOW M4L AND FOUR OF ITS MEMBERS ARE OUR CLIENTS IN THIS LAWSUIT AGAINST BPS. M4L MEMBERS HAVE BEEN PREVENTED FROM ADDRESSING SPECIFIC ACTIONS OR STATEMENTS BY BOARD MEMBERS, PROHIBITED FROM USING SPECIFIC WORDS AND PHRASES THAT MEMBERS OF THE BOARD DISLIKE, PREVENTED FROM PARTICIPATING IN MEETINGS ON THE SAME TERMS AS THE BOARD'S ALLIES, AND THREATENED BY BOARD OFFICIALS WITH FINES AND PENALTIES FOR SPEAKING. BOARD MEMBERS ARE ELECTED GOVERNMENT OFFICIALS, AND PARENTS HAVE A FIRST AMENDMENT RIGHT TO EXPRESS THEIR VIEWS DURING PUBLIC COMMENT PERIODS. YET UNDER BPS'S PUBLIC PARTICIPATION POLICY, SPEAKERS AT PUBLIC BOARD MEETINGS ARE PROHIBITED FROM ADDRESSING BOARD MEMBERS INDIVIDUALLY OR FROM MAKING "PERSONALLY DIRECTED OR "ABUSIVE" COMMENTS. BREVARD SCHOOL OFFICIALS ENFORCE THE POLICY UNEVENLY, ALLOWING FAVORED SPEAKERS AND THOSE WHO PRAISE THE BOARD TO IGNORE THE RULE. AT ONE MEETING, SEVEN DIFFERENT SPEAKERS PRAISED SCHOOL OFFICIALS BY NAME, A POLICY VIOLATION. YET WHEN COMMUNITY MEMBERS CRITICIZED THE ACTIONS OR VIEWS OF BOARD MEMBERS, THEY WERE CENSORED. OUR LAWSUIT, WHICH WAS FILED ON NOVEMBER 5, 2021, ASKS THE COURT TO DECLARE UNCONSTITUTIONAL THE PROHIBITIONS ON PERSONALLY ADDRESSING SCHOOL BOARD MEMBERS AND ON SPEECH DEEMED "PERSONALLY DIRECTED OR "ABUSIVE," AS WELL AS THE BOARD'S PRACTICE OF DISCRIMINATING BASED ON VIEWPOINT. IN JANUARY 2022, THE COURT DENIED OUR CLIENT'S MOTION FOR PRELIMINARY INJUNCTION. SINCE THEN, IFS HAS FILED AN APPEAL WITH THE ELEVENTH CIRCUIT COURT OF APPEALS. A VICTORY IN THIS CASE WOULD PROTECT THE FIRST AMENDMENT FREEDOM OF SPEECH AND THE RIGHT TO PETITION. |
| CASES IN LITIGATION PART III | THE BUCKEYE INSTITUTE V. INTERNAL REVENUE SERVICE (FORCED DONOR DISCLOSURE) THE BUCKEYE INSTITUTE FILED A LAWSUIT CHALLENGING A DECADES-OLD TAX LAW THAT FORCES THE IRS TO DEMAND THAT NONPROFIT CHARITIES HAND OVER THE PRIVATE INFORMATION OF THEIR LARGEST DONORS EVERY YEAR. BUCKEYE'S LAWSUIT SAYS THE LAW VIOLATES THE FIRST AMENDMENT AND THE REQUIREMENT CHILLS FREE SPEECH AND ASSOCIATION. THE IRS ITSELF ADMITS THAT IT DOES NOT NEED THESE DONOR RECORDS AND ISSUED A RULE IN 2020 TO STOP COLLECTING THE SAME FROM OTHER TAX-EXEMPT GROUPS THAT ARE NOT CLASSIFIED AS SECTION 501(C)(3) NONPROFIT CHARITIES. THE AGENCY ALSO NOTED IN THE RULEMAKING THAT ITS COLLECTION OF THIS SENSITIVE PERSONAL DATA ON FORM 990 SCHEDULE B "POSES A RISK OF INADVERTENT DISCLOSURE" OF PRIVATE, NON-PUBLIC INFORMATION. EVEN THOUGH THE IRS HAS STATED IN RELATED CONTEXTS THAT IT WOULD PREFER NOT TO COLLECT THIS INFORMATION FROM CHARITIES, FEDERAL LAW STILL REQUIRES IT. THE LAWSUIT NOTES THAT BUCKEYE'S WORK "WOULD BE SIGNIFICANTLY DAMAGED" IF IT COULD NOT MAINTAIN THE CONFIDENTIALITY OF ITS DONOR RELATIONSHIPS, AS BUCKEYE'S SUPPORTERS "RISK RETRIBUTION FROM SOME WHO OPPOSE ITS MISSION." THE RECENT LEAK TO PROPUBLICA OF "A VAST TROVE OF INTERNAL REVENUE SERVICE DATA ON THE TAX RETURNS OF THOUSANDS" OF INDIVIDUAL TAXPAYERS AND OTHERS IRS LEAKS UNDERSTANDABLY GIVE FINANCIAL SUPPORTERS OF CERTAIN CHARITIES INCLUDING BUCKEYE JUSTIFIED PAUSE. THIS YEAR, OUR CLIENTS HAVE FILED A MOTION FOR SUMMARY JUDGMENT, AND THE CASE IS ONGOING. A VICTORY IN THIS CASE WOULD HELP PROTECT THE PRIVACY OF NONPROFIT DONORS AND THE RIGHT TO ASSEMBLE. |
| CASES IN LITIGATION PART IV | GILLEY V. STABIN (UNIVERSITY OF OREGON TWITTER BLOCK OF A PROFESSOR) A LOCAL UNIVERSITY PROFESSOR FILED A FEDERAL LAWSUIT AGAINST AN OFFICER IN THE UNIVERSITY OF OREGON'S DIVISION OF EQUITY AND INCLUSION FOR BLOCKING HIM FROM THE DIVISION'S OFFICIAL TWITTER ACCOUNT. OREGON RESIDENT AND PORTLAND STATE UNIVERSITY PROFESSOR BRUCE GILLEY FILED THE LAWSUIT AFTER BEING BLOCKED BY THE DIVISION'S OFFICIAL TWITTER ACCOUNT, @UOEQUITY, FOR SEEMINGLY NO REASON OTHER THAN HIS VIEWPOINT. GILLEY HAD QUOTE-TWEETED A MESSAGE FROM @UOEQUITY PROMOTING A "RACISM INTERRUPTER AND CHIMED IN WITH HIS OWN: "ALL MEN ARE CREATED EQUAL." THAT, APPARENTLY, WAS ENOUGH TO EARN A BLOCK FROM THE ACCOUNT'S MANAGER. THE FIRST AMENDMENT DOES NOT ALLOW THE GOVERNMENT OR ITS ACTORS TO BAN INDIVIDUALS FROM PUBLIC FORUMS JUST BECAUSE THEY DISAGREE WITH THE VIEWS THOSE INDIVIDUALS EXPRESS. THE LAWSUIT ASKS THE JUDGE TO ORDER @UOEQUITY TO UNBLOCK PROFESSOR GILLEY AND TO ISSUE A PERMANENT INJUNCTION PREVENTING THE ACCOUNT'S MANAGER AND AGENTS FROM DISCRIMINATING ON THE BASIS OF VIEWPOINT WHEN BLOCKING USERS IN THE FUTURE. THE DEFENDANTS OF THIS CASE HAVE RECENTLY ARGUED THAT NEW TWITTER (NOW X) CHANGES WILL ELIMINATE THE "BLOCK" FEATURE FROM THE PLATFORM AND RESOLVE THE ISSUE. WHETHER THOSE CHANGES WILL COME TO FRUITION REMAINS TO BE SEEN. A VICTORY IN THIS CASE WOULD PROTECT THE FIRST AMENDMENT RIGHT TO FREEDOM OF SPEECH. |
| CASES IN LITIGATION PART V | LOPEZ V. GRISWOLD (CONTRIBUTION LIMITS) THE NATION'S MOST RESTRICTIVE LIMIT ON DONATIONS TO LEGISLATIVE CANDIDATES IS IN FEDERAL COURT. TWO COLORADO CANDIDATES AND A CITIZEN WHO WISHES TO SUPPORT CANDIDATES CHALLENGED COLORADO'S LIMITS ON INDIVIDUAL DONORS AS UNCONSTITUTIONALLY LOW. INDIVIDUALS IN COLORADO ARE LIMITED TO GIVING $625 PER ELECTION TO A CANDIDATE FOR GOVERNOR AND $200 PER ELECTION TO A CANDIDATE FOR THE COLORADO SENATE OR HOUSE OF REPRESENTATIVES. THE LIMIT FOR STATEWIDE CANDIDATES IS PERIODICALLY ADJUSTED BUT LAGS BEHIND INFLATION, WHILE THE $200 LIMIT TO LEGISLATIVE CANDIDATES SAT UNCHANGED BETWEEN 2002 AND 2022. THESE LOW LIMITS PREVENT CANDIDATES FROM EFFECTIVELY COMMUNICATING WITH VOTERS IN THEIR DISTRICTS. IN ADDITION TO SETTING ITS LIMITS TOO LOW, COLORADO LAW PUNISHES CANDIDATES WHO CHOOSE TO FULLY EXERCISE THEIR RIGHT TO PROMOTE THEIR CAMPAIGNS. CANDIDATES WHO AGREE TO LIMIT THEIR CAMPAIGN SPENDING ARE PERMITTED TO RAISE CONTRIBUTIONS TWICE THE SIZE OF OPPONENTS WHO REFUSE. A 2018 STUDY BY THE INSTITUTE FOR FREE SPEECH FOUND THAT COLORADO'S CONTRIBUTION LIMITS FOR INDIVIDUAL DONORS WERE THE MOST RESTRICTIVE IN THE NATION AFTER ACCOUNTING FOR POPULATION AND DISTRICT SIZE. LOW CONTRIBUTION LIMITS ARE ESPECIALLY HARMFUL TO CANDIDATES IN MAJOR MEDIA MARKETS LIKE DENVER AND TO NEW CANDIDATES AND CHALLENGERS WHO HAVE NOT YET ESTABLISHED NAME RECOGNITION WITH VOTERS. INCUMBENTS, BY CONTRAST, ENTER CAMPAIGNS WITH NUMEROUS ADVANTAGES THAT MAKE IT EASIER TO FOREGO LARGE CONTRIBUTIONS. COLORADO VOTERS DESERVE TO HEAR FROM THE CANDIDATES ON THEIR BALLOT. COLORADO CANDIDATES DESERVE A FAIR OPPORTUNITY TO COMPETE AGAINST WELL-KNOWN INCUMBENTS. THE STATE'S LOW CONTRIBUTION LIMITS UNDERMINE THESE BASIC DEMOCRATIC VALUES AND SHOULD BE STRUCK DOWN UNDER THE FIRST AMENDMENT. IFS HAS APPEALED A PORTION OF THIS CASE TO THE UNITED STATES TENTH CIRCUIT COURT OF APPEALS AFTER THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO DENIED THE MOTION FOR PRELIMINARY INJUNCTION ON THE DISPARATE CONTRIBUTION LIMITS. A VICTORY IN THIS CASE WOULD ALLOW COLORADANS FAIR PARTICIPATION IN THE POLITICAL PROCESS AND PROTECT THE FIRST AMENDMENT RIGHTS OF FREE SPEECH AND ASSOCIATION. |
| CASES IN LITIGATION PART VI | JOE MARKLEY AND ROB SAMPSON V. STATE ELECTIONS ENFORCEMENT COMMISSION (LIMITS ON CANDIDATE SPEECH) AT ISSUE IN THIS CASE IS A STATE'S EFFORT TO RESTRICT VOTERS FROM HEARING IMPORTANT INFORMATION ABOUT ELECTIONS AND CANDIDATES. CONNECTICUT'S STATE ELECTIONS ENFORCEMENT COMMISSION (SEEC) FINED TWO GENERAL ASSEMBLY MEMBERS FOR CAMPAIGN MAILERS THAT DISCUSSED THE GOVERNOR'S POLICIES. JOE MARKLEY, THEN A STATE SENATOR, AND ROB SAMPSON, THEN A STATE REPRESENTATIVE (AND NOW A STATE SENATOR), WERE ENSNARED BY THE LAW AFTER THEY DECIDED TO SPLIT THE COSTS ON A SERIES OF STANDARD CAMPAIGN MAILERS HIGHLIGHTING THEIR ACHIEVEMENTS IN OFFICE. THE MAILERS PROMOTED MARKLEY AND SAMPSON AS OPPONENTS OF GOVERNOR DANNEL MALLOY'S POLICIES ON TAXES AND GOVERNMENT SPENDING. MALLOY WAS ALSO ON THE BALLOT THAT YEAR. BY CRITICIZING THE GOVERNOR'S POLICIES, THE SEEC ARGUED THAT MARKLEY AND SAMPSON MADE AN ILLEGAL EXPENDITURE ON BEHALF OF THE GOVERNOR'S OPPONENT AND FINED THE TWO CANDIDATES. IN ORDER FOR THE ADS TO BE LEGAL, THE SEEC BELIEVES THE GOVERNOR'S OPPONENT WOULD HAVE HAD TO APPROVE AND SHARE IN THE COSTS OF THE ADS. THIS IS HIGHLY UNREALISTIC AND WOULD RESULT IN LEGISLATIVE CANDIDATES BEING EFFECTIVELY PROHIBITED FROM SPEAKING ABOUT A GOVERNOR'S POLICIES IN CAMPAIGN ADS IF THE GOVERNOR IS RUNNING FOR REELECTION. IN 2018, WE ASKED A CONNECTICUT COURT TO DISMISS THE FINES AND DECLARE THE LAW UNCONSTITUTIONAL. AFTER THE STATE COURT RULED THAT IT COULD NOT RULE ON THE CASE BECAUSE TOO MUCH TIME HAD PASSED, OUR CLIENTS APPEALED. THE CONNECTICUT SUPREME COURT AGREED TO HEAR THE CASE BEFORE THE LOWER APPEALS COURT HAD EVEN RULED ON IT. THE SUPREME COURT REVERSED THE LOWER COURT AND RULED THAT DISMISSAL OF THE APPEAL WOULD "EFFECTIVELY PENALIZE THE PLAINTIFFS FOR THE COMMISSION'S MISTAKE" THAT DELAYED A JUDICIAL APPEAL. NOW WE SEEK VICTORY ON THE MERITS OF THE CASE. THIS CASE MOVED TO ORAL ARGUMENTS BEFORE THE STATE SUPREME COURT ON SEPTEMBER 13, 2023. SUCCESS IN THIS CASE WOULD PROTECT THE RIGHT TO FREE SPEECH. |
| CASES IN LITIGATION PART VII | MAZO AND MCCORMICK V. WAY, ET AL. (BALLOT SLOGAN RESTRICTIONS.) IFS ATTORNEYS ARE REPRESENTING TWO CANDIDATES FOR CONGRESS IN NEW JERSEY, EUGENE MAZO AND LISA MCCORMICK, IN A FEDERAL LAWSUIT ASKING THE COURT TO DECLARE THE STATE'S RESTRICTIONS ON CAMPAIGN SLOGANS UNCONSTITUTIONAL. NEW JERSEY LAW ALLOWS CANDIDATES IN PRIMARY ELECTIONS FOR CONGRESS TO INCLUDE A SLOGAN OF UP TO SIX WORDS NEXT TO THEIR NAME ON THE BALLOT. THE LAW, HOWEVER, PROHIBITS SLOGANS FROM NAMING OR REFERRING TO ANY OTHER PERSON OR ANY INCORPORATED ENTITY IN NEW JERSEY, UNLESS THE CANDIDATE RECEIVES THEIR PERMISSION. THIS HAS FUELED A COMPETITION IN THE STATE TO INCORPORATE ENTITIES IN ORDER TO OWN THE RIGHTS TO THEIR NAMES FOR BALLOT SLOGANS AND EXCLUDE OTHERS FROM USING THEM. EUGENE MAZO IS A LAW PROFESSOR WHO SOUGHT THE DEMOCRATIC NOMINATION TO THE U.S. HOUSE OF REPRESENTATIVES IN NEW JERSEY'S 10TH CONGRESSIONAL DISTRICT. MAZO SUBMITTED THREE SLOGANS, BUT ALL WERE REJECTED BY THE STATE BECAUSE EACH NAMED AN INCORPORATED ENTITY IN NEW JERSEY. TO AVOID HAVING NO SLOGAN APPEAR ON THE BALLOT, MAZO REGISTERED CORPORATIONS OF HIS OWN IN THE STATE, NAMED AFTER SLOGANS HE WISHED TO USE. LISA MCCORMICK IS A SMALL BUSINESS OWNER WHO SOUGHT THE DEMOCRATIC NOMINATION FOR THE HOUSE IN NEW JERSEY'S 12TH CONGRESSIONAL DISTRICT. STATE OFFICIALS DENIED MANY PROPOSED SLOGANS, INCLUDING NOT ME. US.", BECAUSE MCCORMICK DID NOT HAVE PERMISSION FROM AN INCORPORATED ENTITY ORGANIZED IN NEW JERSEY UNDER THAT NAME. CANDIDATES HAVE THE RIGHT TO USE THE RHETORIC AND LANGUAGE OF THEIR CHOICE IN THEIR SLOGANS. THE CASE MAZO AND MCCORMICK V. WAY, ET AL. IS NOW BEFORE THE U.S. SUPREME COURT. SUCCESS IN THIS CASE WOULD PROTECT THE FIRST AMENDMENT RIGHT TO FREE SPEECH. |
| CASES IN LITIGATION PART VIII | NO ON E V. CHIU (EXCESSIVE DISCLAIMERS ON POLITICAL ADVERTISING) WANT TO ADVERTISE TO SAN FRANCISCO VOTERS? BEFORE STARTING YOUR MESSAGE, THE CITY COULD FORCE YOU TO SPEND OVER 30 SECONDS RECITING PUBLICLY AVAILABLE DONOR INFORMATION. INSTEAD OF RESERVING A SMALL PORTION OF AN AD TO ANNOUNCE THE SPEAKER'S IDENTITY, AS MOST JURISDICTIONS DO, SAN FRANCISCO'S DISCLAIMER LAW FORCES SPEAKERS TO MAKE THE GOVERNMENT'S MESSAGE THE FOCAL POINT OF THEIR ADS. GROUPS ARE REQUIRED TO RECITE A LENGTHY DISCLAIMER NAMING THEIR DONORS AND THEIR DONORS' DONORSAT THE START OF AUDIO AND VIDEO ADS. FAILURE TO INCLUDE THE DISCLAIMER CAN TRIGGER CRIMINAL AND CIVIL PENALTIES, INCLUDING FINES UP TO $5,000. THESE REQUIREMENTS MAKE IT ALL BUT IMPOSSIBLE FOR GROUPS TO COMMUNICATE EFFECTIVELY WITH SAN FRANCISCO VOTERS. SPEAKERS' MESSAGES ARE SHOVED TO THE SIDE IN FAVOR OF REDUNDANT DONOR INFORMATION OF QUESTIONABLE VALUE. ALL OF THE DONOR INFORMATION INCLUDED IN THE DISCLAIMER IS ALREADY PUBLICLY AVAILABLE ON CITY WEBSITES, THE LAWSUIT EXPLAINS. RATHER THAN INFORM VOTERS, THE DISCLAIMER ACTUALLY MISLEADS VOTERS BY NAMING AS "SECONDARY DONORS" INDIVIDUALS WHO HAVE NOT CONTRIBUTED TO OR SUPPORTED THE SPEAKER'S MESSAGING IN ANY WAY. VIEWERS WILL BE LED TO BELIEVE THESE "SECONDARY DONORS" PLAYED A SIGNIFICANT ROLE IN THE CREATION OF THE AD OR THE GROUP RUNNING THE AD. YET IN MANY CASES, THOSE INDIVIDUALS WILL NOT EVEN BE AWARE OF THE AD THEIR NAME APPEARS ON UNTIL IT AIRS. THE LAWSUIT ASKS THE COURT TO STRIKE DOWN SAN FRANCISCO'S REQUIREMENT THAT GROUPS LIST "SECONDARY DONORS" ON THE FACE OF THEIR ADS AS UNCONSTITUTIONAL UNDER THE FIRST AMENDMENT. AMERICANS ARE ACCUSTOMED TO SIMPLE "PAID FOR BY" DISCLAIMERS AT THE END OF POLITICAL ADS. YET SAN FRANCISCO HAS RADICALLY EXPANDED THESE DISCLAIMERS TO COOPT, IN SOME CASES, A SPEAKER'S ENTIRE MESSAGE. AFTER THE APPEALS COURT RULED IN FAVOR OF THE DEFENDANTS, OUR ATTORNEYS HAVE PETITIONED FOR AN EN BANC REHEARING ON BEHALF OF OUR CLIENT. SUCCESS IN THIS CASE WOULD ELIMINATE UNNECESSARY AND BURDENSOME BARRIERS TO FREE SPEECH AND PROTECT THE FIRST AMENDMENT RIGHTS OF FREE SPEECH AND ASSOCIATION. |
| CASES IN LITIGATION PART IX | WYOMING GUN OWNERS V. BUCHANAN (DISCLOSURE AND VAGUE CAMPAIGN FINANCE LAW) "AMERICANS' RIGHT TO SPEAK FREELY ABOUT CANDIDATES FOR ELECTED OFFICE INCLUDES THE RIGHT TO PUBLICLY EXAMINE CANDIDATES' POSITIONS," BEGINS THE COMPLAINT WE FILED IN FEDERAL COURT FOR OUR CLIENT, WYOMING GUN OWNERS (WYGO). "AMERICANS ALSO HAVE A RIGHT TO KNOW WHAT A LAW MEANS, ESPECIALLY ONE THAT MAY SANCTION THEM FOR ENGAGING IN POLITICAL SPEECH. VAGUE LAWS INVITE ARBITRARY ENFORCEMENT AND CHILL SPEECH." THE LAWSUIT, WHICH WAS FILED ON JUNE 1, 2021, ALLEGES THAT THE STATE'S ELECTIONEERING-COMMUNICATIONS REGIME IS BOTH OVERBROAD AND VAGUE IN ITS DEFINITION OF REPORTABLE SPEECH AND DONORS. IT FAILS TO CLEARLY DEFINE CONTRIBUTIONS AND EXPENDITURES THAT MUST BE REPORTED AND VIOLATES PEOPLE'S INTEREST IN MAINTAINING THE PRIVACY OF THEIR POLITICAL ASSOCIATIONS. THE VAGUE WYOMING LAW IS A PRIME EXAMPLE OF HOW SUCH LAWS CAN HARM POLITICAL SPEECH. THE COMPLAINT FILED UNDER THE LAW CAME FROM A FREQUENT OPPONENT OF THE GROUP'S POLICY VIEWS, ALLOWING THE COMPLAINANT TO TURN THE LAW INTO A WEAPON TO SILENCE POLITICAL ADVERSARIES. EVEN IF SPEAKERS PREVAIL AGAINST STATE INVESTIGATIONS, THE PROCESS PUNISHES THEM FOR SPEAKING, DRAINING THEM OF TIME AND RESOURCES. IN HIS MARCH 21, 2022, RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT, JUDGE SCOTT SKAVDAHL RULED THAT THE DONOR DISCLOSURE PROVISION "DOES NOT SURVIVE EXACTING SCRUTINY AND VIOLATES THE FIRST AMENDMENT (SIC) AND THAT A KEY PHRASE IN THE LAW "IS VOID FOR VAGUENESS." HE ENJOINED THE "SECRETARY OF STATE FROM REQUIRING THE ELECTIONEERING REPORT." THE STATE APPEALED THE RULING. MOST RECENTLY, IN OCTOBER 2022, OUR ATTORNEYS FILED A REPLY BRIEF ON BEHALF OF OUR CLIENT WITH THE U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT. SUCCESS IN THIS CASE WOULD PROTECT THE FIRST AMENDMENT RIGHTS TO FREEDOM OF SPEECH AND OF THE PRESS. |
| CLOSED CASES PART I | BLUE STATE REFUGEES (THE RIGHT TO PROTEST) SOUTH DAKOTA GRANTED BLUE STATE REFUGEES A PERMIT TO RALLY ON THE CAPITOL GROUNDS IN SUPPORT OF A BILL BANNING VACCINE MANDATES DURING A NOVEMBER 2021 SPECIAL SESSION OF THE LEGISLATURE AFTER WE FILED A LAWSUIT ON BEHALF OF THE GROUP. THE STATE TOLD THE GROUP IT COULDN'T HOLD RALLIES AFTER NOVEMBER 1 BECAUSE OF HOLIDAY DECORATING. BUT NOT ALLOWING OUR CLIENTS TO RALLY VIOLATED THEIR FIRST AMENDMENT RIGHT TO SPEAK AND PETITION THE GOVERNMENT. ON NOVEMBER 5, 2021, THE COURT WAS NOTIFIED THAT OFFICIALS IN SOUTH DAKOTA AGREED TO GRANT THE BLUE STATE REFUGEES A PERMIT TO HOLD THEIR RALLY. IN DECEMBER, THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA APPROVED A CONSENT AGREEMENT IN WHICH THE STATE AGREED TO CHANGE ITS POLICIES BARRING PROTESTS AND RALLIES ON STATE CAPITOL GROUNDS DURING NOVEMBER AND DECEMBER. BLUE STATE REFUGEES, AND THE CORRESPONDING AWARD OF ATTORNEY'S FEES TO IFS AND LOCAL COUNSEL, IS A VALUABLE WARNING TO SUCH OFFICIALS NOT TO INFRINGE ON THE RIGHT TO PROTEST. ON APRIL 4, 2022 THE COURT AWARDED $16,560 IN ATTORNEY'S FEES TO THE INSTITUTE AND CLOSED THE CASE ON MAY 25, 2022. THIS VICTORY PROTECTED THE FREEDOMS OF ASSEMBLY AND SPEECH. |
| CLOSED CASES PART II | BROOKS V. FRANCIS HOWELL SCHOOL DISTRICT (MISSOURI SCHOOL BOARD CENSORSHIP) CONCERNED PARENTS AND COMMUNITY MEMBERS IN ST. CHARLES COUNTY, MISSOURI, FORMED FRANCIS HOWELL FAMILIES (FHF) TO ADVOCATE FOR TRANSPARENCY AND ACCOUNTABILITY IN THEIR LOCAL SCHOOL BOARD. SCHOOL BOARD OFFICIALS, HOWEVER, HAD OTHER IDEAS. CITING A POLICY AGAINST ADVERTISING ON SCHOOL PROPERTY, THE FRANCIS HOWELL SCHOOL DISTRICT BANNED SPEAKERS AT BOARD MEETINGS FROM SO MUCH AS MENTIONING THE GROUP'S NAME OR WEBSITE IN PUBLIC COMMENTS. MEMBERS HAVE BEEN CUT OFF FOR REFERENCING THE GROUP'S ONLINE RESOURCES AND THREATENED WITH PERMANENT SPEAKING BANS. MEANWHILE, OTHER SPEAKERS HAVE REPEATEDLY REFERENCED THEIR ORGANIZATIONS AND CAUSES AT MEETINGS WITHOUT RESTRICTION OR ADMONISHMENT. THREE CURRENT AND FORMER MEMBERS OF FRANCIS HOWELL FAMILIES SUED THE DISTRICT AND ITS OFFICERS OVER THEIR SELECTIVE ENFORCEMENT OF THE ADVERTISING BAN. THE BOARD OFTEN USES PUBLIC MEETINGS TO PROMOTE FAVORED ORGANIZATIONS AND VIEWPOINTS, THE LAWSUIT EXPLAINED. THE BOARD ALSO PERMITS FAVORED SPEAKERS TO REFERENCE ORGANIZATIONS AND ADVOCATE FOR CAUSES WITHOUT CENSORSHIP. MEANWHILE, MEMBERS OF FRANCIS HOWELL FAMILIES HAVE BEEN SILENCED SIMPLY FOR CITING AN ONLINE SOURCE FOR THEIR CLAIMS. PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES TO ALLOW A NUMBER OF RESIDENTS TO SPEAK AT EACH MEETING. IN PROHIBITING SPEAKERS FROM MENTIONING FRANCIS HOWELL FAMILIES OR ITS WEBSITE, THE BOARD PREVENTS PARENTS AND TAXPAYERS FROM ENGAGING IN A FULL AND OPEN DISCUSSION OF DISTRICT ISSUES. IN ALLOWING FAVORED SPEAKERS TO PLAY BY A DIFFERENT SET OF RULES, THE BOARD VIOLATES THE FIRST AMENDMENT. ON JUNE 14, 2022, THE COURT SIDED WITH OUR CLIENTS AND GRANTED A STIPULATED CONSENT DECREE AND PERMANENT INJUNCTION. THIS VICTORY HELPED PROTECT FIRST AMENDMENT FREE SPEECH AND PETITION RIGHTS OF PARENTS WITHOUT RETALIATION FROM OFFICIALS. AS PART OF THE SETTLEMENT OF THE LAWSUIT, THE BOARD AGREED TO PAY $70,000 IN ATTORNEY'S FEES TO THE INSTITUTE. |
| CLOSED CASES PART III | HETHERINGTON V. MADDEN (FLORIDA CANDIDATE SPEECH BAN) "THE FIRST AMENDMENT GUARANTEES CANDIDATES THE RIGHT TO DESCRIBE THEMSELVES HOWEVER THEY WISH," BEGINS OUR OPENING BRIEF IN THIS CASE. "A CANDIDATE CAN IDENTIFY AS A CHRISTIAN, A SATANIST, OR AN ATHEIST; A VEGAN OR AN OMNIVORE; A BERNIE BRO OR A MAGA-MANIAC - AND EVEN, PERHAPS ESPECIALLY, AS A REPUBLICAN OR A DEMOCRAT." BUT FLORIDA PROHIBITED NONPARTISAN CANDIDATES FROM TELLING VOTERS THEIR PARTISAN AFFILIATION. OUR CLIENT, KELLS HETHERINGTON, WAS RUNNING FOR THE ESCAMBIA COUNTY SCHOOL BOARD. THE LAST TIME HE RAN FOR SCHOOL BOARD, THE FLORIDA ELECTIONS COMMISSION (FEC) FINED HIM FOR SAYING THAT HE IS A "LIFELONG REPUBLICAN." PARTY MEMBERSHIP IS ONE OF THE MOST VALUABLE PIECES OF INFORMATION A CANDIDATE CAN PROVIDE TO THE VOTING PUBLIC. STATES SHOULD NOT PROHIBIT CANDIDATES FROM SHARING TRUTHFUL INFORMATION ABOUT THEIR POLITICAL PARTY AFFILIATION. WE ASKED A FEDERAL COURT TO STRIKE DOWN THIS PROVISION AS UNCONSTITUTIONAL. ON NOVEMBER 8, 2022, THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION RULED THAT KELLS HETHERINGTON MAY IDENTIFY HIMSELF AS A REPUBLICAN. THIS VICTORY PROTECTED THE FIRST AMENDMENT RIGHT TO FREE SPEECH. CONSISTENT WITH THE JUDGMENT IN THE CASE, IN APRIL 2023, THE FEC AGREED TO PAY $175,000 IN ATTORNEY'S FEES TO THE INSTITUTE. |
| CLOSED CASES PART IV | INSTITUTE FOR FREE SPEECH V. BONTA (DISCLOSURE OF GIVING TO CHARITIES.) AS IN MOST JURISDICTIONS, CHARITIES SOLICITING CONTRIBUTIONS IN CALIFORNIA ARE REQUIRED TO REGISTER WITH THE STATE. EACH YEAR, REGISTERED CHARITIES ARE REQUIRED TO FILE A COPY OF THEIR IRS FORM 990 TAX RETURNS WITH THE CALIFORNIA ATTORNEY GENERAL'S OFFICE AS A CONDITION OF MAINTAINING THEIR CONSTITUTIONALLY PROTECTED ABILITY TO SOLICIT CONTRIBUTIONS. ON SCHEDULE B OF FORM 990, CHARITIES ARE REQUIRED TO REPORT TO THE IRS THE NAMES, ADDRESSES, AND AMOUNTS DONATED FOR MAJOR CONTRIBUTORS DURING THE YEAR. THE SCHEDULE B IS SUBMITTED TO THE IRS ON A CONFIDENTIAL BASIS AND, UNDER FEDERAL LAW, THE AGENCY IS PROHIBITED FROM RELEASING THIS INFORMATION TO ANYONE, EXCEPT IN VERY NARROWLY DEFINED CIRCUMSTANCES AND ONLY ON A CONFIDENTIAL BASIS. HISTORICALLY, THE CALIFORNIA ATTORNEY GENERAL DID NOT REQUIRE REGISTERED CHARITIES TO FILE COPIES OF THEIR CONFIDENTIAL, UNREDACTED FORM 990 SCHEDULE B DONOR LISTS WITH THE STATE. THE ATTORNEY GENERAL ONLY BEGAN DEMANDING THIS INFORMATION IN RECENT YEARS, AND THE SUDDEN DEMANDS DID NOT ARISE FROM ANY CHANGES IN, AND WERE NOT SPECIFICALLY AUTHORIZED BY, THE STATE'S LAWS AND REGULATIONS. THE ATTORNEY GENERAL ALSO HAD NOT CITED ANY RECENT CHANGE IN CIRCUMSTANCES WARRANTING THESE DEMANDS. BECAUSE THE ATTORNEY GENERAL IS NOT LEGALLY ENTITLED TO THIS INFORMATION AND HAS NO GOOD REASON FOR DEMANDING IT, THE INSTITUTE FOR FREE SPEECH FILED SUIT TO STOP THIS PRACTICE. IN THIS LAWSUIT, FILED IN 2014, WE ARGUED THAT THE CALIFORNIA ATTORNEY GENERAL'S DEMAND FOR OUR DONOR INFORMATION WAS AN INFRINGEMENT OF THE INSTITUTE FOR FREE SPEECH AND ITS DONORS' FIRST AMENDMENT RIGHTS TO FREE SPEECH AND ASSOCIATION. DONORS WHO MAY NOT NECESSARILY WISH TO SPEAK ON THEIR OWN ABOUT AN ISSUE MAY CHOOSE TO EXERCISE THEIR RIGHT TO SPEAK BY GIVING TO AN ORGANIZATION SPEAKING ON THEIR BEHALF. THIS IS PARTICULARLY TRUE FOR UNPOPULAR OR CONTROVERSIAL ISSUES PRECISELY THE TYPE OF SPEECH FOR WHICH THE FIRST AMENDMENT'S PROTECTIONS ARE MOST IMPORTANT. DONORS MUST BE FREE TO GIVE TO ANY LAWFUL CAUSE OF THEIR CHOOSING WITHOUT GOVERNMENT INTRUSION. IF GOVERNMENT OFFICIALS ARE LOOKING OVER CITIZENS' SHOULDERS AND REVIEWING WHICH GROUPS THEY GIVE TO, THEY WILL CHILL DONORS' WILLINGNESS TO GIVE TO CERTAIN GROUPS, THEREBY REDUCING THEIR ABILITY TO SPEAK, AND THE EFFECTIVENESS OF THEIR ASSOCIATION. THE ATTORNEY GENERAL ALSO CLAIMED THAT THE DEFAULT RULE SHOULD BE FOR INDIVIDUAL CHARITIES OPPOSING DEMANDS FOR THEIR DONOR INFORMATION TO DEMONSTRATE THAT THEY WILL FACE PARTICULARIZED HARM FROM TURNING THE DATA OVER TO THE GOVERNMENT. IN EFFECT, THIS CREATES A CATCH-22 IN WHICH ORGANIZATIONS AND THEIR DONORS CAN CLAIM AN EXEMPTION ONLY AFTER THEY HAVE ALREADY SUFFERED HARM OR THREATS, BUT ORGANIZATIONS AND DONORS WOULD HAVE NO PROTECTION AGAINST POTENTIAL FUTURE HARM. FIRST AMENDMENT CASE LAW DOES NOT SUPPORT SUCH A BACKWARD-LOOKING RULE. THE NINTH CIRCUIT RULED FOR CALIFORNIA, PROHIBITING NONPROFITS FROM ENGAGING IN PROTECTED FIRST AMENDMENT SPEECH IF THEY MAINTAIN THE PRIVACY OF THEIR SUPPORTERS. THE INSTITUTE FOR FREE SPEECH WAS BANNED FROM SPEAKING WITH POTENTIAL DONORS IN CALIFORNIA UNLESS IT REPORTED ITS DONORS TO THE STATE. SINCE FILING THE LAWSUIT, THE INSTITUTE HAS REFUSED TO ACCEDE TO THE STATE'S DEMANDS AND AS A CONSEQUENCE STOPPED SOLICITING CONTRIBUTIONS IN THE STATE. ON DECEMBER 18, 2019, WE ASKED THE U.S. SUPREME COURT TO HEAR THE CASE AND REAFFIRM ITS LONGSTANDING PRECEDENTS ON FREEDOM OF ASSOCIATION. ON JULY 2, 2021, THE U.S. SUPREME COURT GRANTED OUR PETITION. THE NINTH CIRCUIT'S RULING WAS VACATED, AND THE CASE WAS REMANDED BACK TO THE NINTH CIRCUIT FOR RECONSIDERATION AFTER THE SUPREME COURT'S RULING IN AMERICANS FOR PROSPERITY V. BONTA THE PREVIOUS DAY. THE CASE WAS FINALLY RESOLVED AFTER CALIFORNIA PAID $250,000 IN ATTORNEY'S FEES TO THE INSTITUTE IN OCTOBER 2022. ON NOVEMBER 7, 2022, THE JUDGE CLOSED THE CASE. OUR SUCCESS IN THIS CASE PROTECTED THE FIRST AMENDMENT RIGHT TO ASSEMBLY. |
| CLOSED CASES PART V | INSTITUTE FOR FREE SPEECH V. JARRETT (DISCLOSURE AND PRO BONO LEGAL SERVICES) THE INSTITUTE FOR FREE SPEECH WANTS TO REPRESENT TIM EYMAN, A PROMINENT TAX-CUT ACTIVIST, ON APPEAL IN A CASE WHERE A WASHINGTON STATE COURT RULED THAT HE, PERSONALLY, IS A "CONTINUING POLITICAL COMMITTEE." THE TREATMENT OF AN INDIVIDUAL CITIZEN AS A REGULATED POLITICAL COMMITTEE HAS SERIOUS IMPLICATIONS FOR FIRST AMENDMENT RIGHTS. YET IF WE REPRESENT EYMAN IN THE APPEAL, THE STATE'S LAW COULD FORCE US TO REGISTER WITH THE STATE, FILE REPORTS, AND EXPOSE THE IDENTITIES OF OUR DONORS, AS IF THE INSTITUTE FOR FREE SPEECH TOOK PART IN AN ELECTION CAMPAIGN. OUR LAWSUIT, FILED ON AUGUST 2, 2021, ASKED A FEDERAL COURT TO RULE THAT THE STATE OF WASHINGTON MAY NOT FORCE US TO FILE CAMPAIGN FINANCE REPORTS IF WE REPRESENT EYMAN OR OTHER WASHINGTONIANS WHO NEED LEGAL REPRESENTATION IN A DEFENSE POSTURE. BY CLASSIFYING LEGAL REPRESENTATION IN COURT AS A POLITICAL CONTRIBUTION, WASHINGTON WOULD HURT THE ABILITY OF ORGANIZATIONS TO OFFER THEIR SERVICES TO PERSONS WHEN CAMPAIGN FINANCE LAWS VIOLATE THEIR RIGHTS. IT WOULD GUARANTEE THAT PEOPLE LIKE EYMAN WOULD BE UNABLE TO DEFEND THEMSELVES AGAINST THE BOTTOMLESS RESOURCES OF THE STATE. IFS FILED AN APPEAL ON NOVEMBER 30, 2022, TO CHALLENGE THE DECISION AND HOPEFULLY BE ABLE TO PROVIDE TIM EYMAN WITH LEGAL REPRESENTATION. UNFORTUNATELY, THE APPEAL WAS DENIED. |
| CLOSED CASES PART VI | MAMA BEARS V. FORSYTH COUNTY SCHOOLS (GEORGIA SCHOOL BOARD CENSORSHIP) CONCERNED PARENTS IN FORSYTH COUNTY WANT SCHOOL OFFICIALS TO CONFRONT THE SEXUALLY GRAPHIC MATERIAL IN BOOKS THEY PROVIDE TO CHILDREN IN SCHOOL LIBRARIES. THE BOARD OF EDUCATION, HOWEVER, HAS CENSORED SPEAKERS AT BOARD MEETINGS WHO READ EXCERPTS CONTAINING LANGUAGE THE CHAIR DEEMS "INAPPROPRIATE" FOR CHILDREN. AFTER ONE PARENT PERSISTED, THE BOARD BANNED HER FROM PARTICIPATING IN FUTURE MEETINGS UNTIL SHE AGREED TO LIMIT HER FIRST AMENDMENT RIGHTS. AFTER PLAINTIFF ALISON HAIR ATTEMPTED TO READ ONE SUCH PASSAGE AT A MARCH 15 BOARD MEETING, SHE RECEIVED A LETTER SIGNED BY EVERY MEMBER OF THE BOARD OF EDUCATION PROHIBITING HER FROM PARTICIPATING IN ANY FUTURE MEETINGS UNTIL SHE PROVIDED A WRITTEN GUARANTEE THAT SHE WOULD ABIDE BY THE CHAIR'S DIRECTIVES. THE BOARD'S UNCONSTITUTIONAL DEMANDS AND POLICIES WERE EXACERBATED BY AGGRESSIVE ENFORCEMENT TACTICS AND A CHILLING ENVIRONMENT FOR DISSENT. HAIR AND MARTIN CEASED PARTICIPATING IN BOARD MEETINGS FOR FEAR OF ARREST, EXPULSION, OR FURTHER ABUSE AT THE HANDS OF THE BOARD. SPEAKERS WHO CONTINUE TO VOICE OBJECTIONS TO SCHOOL LIBRARY BOOKS AT MEETINGS HAVE BEEN FORCED TO SELF-CENSOR THEIR COMMENTS. THE PARENTS' LAWSUIT ASKED THE COURT TO ISSUE AN ORDER PREVENTING FORSYTH COUNTY SCHOOLS AND BOARD OFFICIALS FROM ENFORCING THE BAN AGAINST HAIR'S PARTICIPATION IN BOARD MEETINGS AND SEVERAL UNCONSTITUTIONAL PROVISIONS OF ITS PUBLIC PARTICIPATION POLICY. THE LAWSUIT ALSO SOUGHT AN ORDER PERMANENTLY ENJOINING THE DEFENDANTS FROM DISCRIMINATING ON THE BASIS OF VIEWPOINT IN PROVIDING ACCESS TO SCHOOL BOARD MEETINGS. ON NOVEMBER 11, 2022, THE COURT PRELIMINARILY RULED IN FAVOR OF THE MAMA BEARS AND REAFFIRMED PARENTS' ABILITY TO EXERCISE THEIR FIRST AMENDMENT SPEECH RIGHTS, INCLUDING CRITICISMS OF THEIR ELECTED OFFICIALS. ON JANUARY 31, 2023, THE COURT ENTERED A FINAL JUDGMENT AGAINST THE SCHOOL DISTRICT AND PERMANENTLY ENJOINED THE SCHOOL DISTRICT FROM ITS UNCONSTITUTIONAL ACTIONS CHALLENGED IN THE CASE. AS PART OF THE SETTLEMENT OF THE LAWSUIT, THE SCHOOL DISTRICT AGREED TO PAY $107,500 IN ATTORNEY'S FEES, INCLUDING $86,000 TO THE INSTITUTE. |
| CLOSED CASES PART VII | MARSHALL V. AMUSO (PENNSYLVANIA SCHOOL BOARD CENSORSHIP AND DISCLOSURE) AFTER SCHOOL BOARD OFFICIALS REPEATEDLY CENSORED, BADGERED, AND SHOUTED DOWN A GROUP OF PARENTS AND COMMUNITY MEMBERS ATTEMPTING TO QUESTION THE BOARD'S "DIVERSITY POLICY," IFS REPRESENTED THE PARENTS IN FILING A FEDERAL LAWSUIT AGAINST THE LEADERS OF THE PENNSBURY SCHOOL BOARD NEAR PHILADELPHIA. THE BOARD'S POLICIES AND ACTIONS RESTRICTING SPEECH AT PUBLIC MEETINGS VIOLATE THE FIRST AMENDMENT. VIDEO OF PENNSBURY'S AGGRESSIVE CENSORSHIP, WHICH WENT VIRAL ONLINE LAST SUMMER, SHOWS THE BOARD SILENCING PARENTS AND CITIZENS FOR RAISING DISFAVORED ARGUMENTS AGAINST A NEW CURRICULUM THAT THESE CITIZENS SAID WAS BASED ON CRITICAL RACE THEORY. WHILE SCHOOL BOARDS MAY STOP COMMENTS THAT ARE OBSCENE OR EXCEED THE ALLOTTED TIME LIMIT, THEY MAY NOT CENSOR SPEECH BASED ON ITS VIEWPOINT. THE LAWSUIT ALSO RAISED IMPORTANT FIRST AMENDMENT PRIVACY CONCERNS. THE POLICY FORCED SPEAKERS TO STATE THEIR HOME ADDRESSES PUBLICLY BEFORE SPEAKING. AS NOTED IN THE LAWSUIT, "ENFORCEMENT OF THIS REQUIREMENT IS MEANT TO INTIMIDATE SPEAKERS WHO WOULD EXPRESS CONTROVERSIAL VIEWS." THE VIDEO OF THE MEETING IS ON THE INTERNET, LEAVING THEM OPEN TO HARASSMENT AT THEIR HOMES. THERE ARE OTHER LESS INTRUSIVE WAYS FOR THE BOARD TO ENSURE SPEAKERS ARE RESIDENTS. ON NOVEMBER 17, 2021, WE WON A PRELIMINARY INJUNCTION ON EACH ISSUE RAISED BY THE LAWSUIT. MANY OTHER SCHOOL BOARDS HAVE SIMILAR PUBLIC COMMENT POLICIES, SO THE CASE HAS IMPLICATIONS FAR BEYOND PENNSBURY, AND HAS ALREADY BEEN RELIED UPON BY ANOTHER PENNSYLVANIA COURT DEALING WITH A SIMILAR POLICY. OUR VICTORY IN THIS CASE PROTECTED THE FIRST AMENDMENT FREEDOMS OF SPEECH AND ASSEMBLY AS WELL AS THE RIGHT TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES. AS PART OF THE JULY 2022 SETTLEMENT OF THE LAWSUIT, THE BOARD AGREED TO PAY $237,590 IN ATTORNEY'S FEES TO THE INSTITUTE. |
| CLOSED CASES PART VIII | MOBILIZE THE MESSAGE, LLC V. BONTA (LABOR LAW THAT DISCRIMINATES AGAINST SPEECH) "CALIFORNIA ALLOWS INDEPENDENT CONTRACTORS TO ASK PASSERSBY TO SIGN A CREDIT CARD APPLICATION, BUT NOT A BALLOT MEASURE PETITION. IT ALLOWS THEM TO GO DOOR-TO-DOOR SELLING HOME GOODS, BUT NOT PROMOTING CANDIDATES. IT ALLOWS THEM TO DROP OFF NEWSPAPERS, BUT NOT CAMPAIGN LITERATURE, NOTES OUR VICE PRESIDENT FOR LITIGATION ALAN GURA. "THE FIRST AMENDMENT PROHIBITS DISCRIMINATION AGAINST SPEECH BASED ON ITS CONTENT, AND THAT'S EXACTLY WHAT'S HAPPENING" IN CALIFORNIA AFTER ASSEMBLY BILL 5 (AB 5) BECAME LAW. AB 5, WHICH EFFECTIVELY BARS CAMPAIGNS FROM HIRING CANVASSERS AS INDEPENDENT CONTRACTORS, HAS FORCED THE PLAINTIFFS TO STOP THEIR LONGSTANDING PRACTICE OF HIRING CONTRACTORS TO COLLECT SIGNATURES FOR BALLOT PETITIONS AND ENGAGE CALIFORNIA VOTERS IN DISCUSSION. THE COSTS OF HIRING CANVASSERS AS EMPLOYEES, AS REQUIRED BY AB 5, MAKE THEM UNAFFORDABLE TO MANY CAMPAIGNS. CALIFORNIA'S LAW EFFECTIVELY FAVORS WELL-FUNDED BALLOT INITIATIVES FROM BIG LABOR AND BIG TECH, WHILE SUFFOCATING THE TYPE OF LOW-BUDGET AND GRASSROOTS EFFORTS THAT PRODUCED THE LEGENDARY PROPOSITION 13, WHICH LIMITED PROPERTY TAXES. ON OCTOBER 11, 2022, THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DENIED OUR CLIENT'S PRELIMINARY INJUNCTION. ON JUNE 20, 2023, THE U.S. SUPREME COURT DECLINED TO GRANT A PETITION TO HEAR THE CASE MOBILIZE THE MESSAGE, LLC V. BONTA. |
| CLOSED CASES PART IX | WISCONSIN FAMILY ACTION V. FEDERAL ELECTION COMMISSION (FEC) (DISCLOSURE) OUR CLIENT'S LAWSUIT AIMED TO STOP A MASSIVE EXPANSION OF THE FEC'S DONOR DISCLOSURE RULES FOR NONPROFIT GROUPS THAT OCCASIONALLY ADVOCATE THE ELECTION OR DEFEAT OF CANDIDATES. THESE RULES WOULD INFRINGE UPON FIRST AMENDMENT RIGHTS TO SPEECH, ASSEMBLY AND ASSOCIATION. THE COMPLAINT IN THE LAWSUIT, FILED DECEMBER 2, 2021, ARGUED THAT ONLY DONORS WHO SPECIFICALLY INTEND TO FUND CAMPAIGN EXPENDITURES COULD BE CONSTITUTIONALLY REQUIRED TO BE REPORTED TO THE FEC. ON MARCH 22, 2022, THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN DENIED WISCONSIN FAMILY ACTION'S MOTION TO PREVENT THE COMMISSION FROM ENFORCING THE ACT'S CONTRIBUTOR DISCLOSURE REQUIREMENTS FOR PERSONS WHOSE INDEPENDENT EXPENDITURES EXCEED $250 PER CALENDAR YEAR. ON MAY 8, 2022, VANDALS SET FIRE TO OUR CLIENT'S OFFICES AND PAINTED GRAFFITI OUTSIDE SAYING, "IF ABORTIONS AREN'T SAFE, THEN YOU AREN'T EITHER." GROUPS KNOWN AS ANARCHY 1312 AND JANE'S REVENGE CLAIMED RESPONSIBILITY FOR THE ATTACK. TWO DAYS LATER, OUR CLIENT AND THE FEC AGREED TO A VOLUNTARY DISMISSAL OF THE CASE STATING THAT "RECENT EVENTS INVOLVING PLAINTIFF'S FACILITIES AND OPERATIONS AND THE SECURITY OF ITS PERSONNEL HAVE MATERIALLY CHANGED THE CIRCUMSTANCES AND CONSIDERATIONS EXISTING AT THE TIME THIS ACTION WAS COMMENCED. FURTHER, DURING THE PENDENCY OF THIS ACTION, DEFENDANT HAS CLARIFIED ITS POSITION IN RELATION TO MATTERS AT ISSUE THAT WERE OF CONCERN TO PLAINTIFF IN COMMENCING THIS ACTION." ON JUNE 8, 2022, THE THREE REPUBLICAN FEC COMMISSIONERS RELEASED AN "INTERPRETIVE STATEMENT ON THE MEANING OF 'EARMARKED' FOR POLITICAL PURPOSES" THAT GIVES FURTHER USEFUL PRO-SPEECH GUIDANCE ON THE ISSUES RAISED BY THE LAWSUIT. |
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