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First Amendment
“The institute . . . battles against nonsensical regulations nationwide that stifle free speech and limit commerce.”
—The Orange County Register
IJ defends freedom of speech in a variety of contexts, from commercial speech to political speech, ensuring that government regulation is constrained and that new forms of communications can become the technologies of freedom.
With the Internet, virtually anyone can be a publisher. But while individuals view such powerful media as opportunities to expand the free flow of information in the marketplace of ideas, government regulatory agencies consider them a threat. Devastating consequences for a republic result when government erects barriers to speech that prevent individuals from speaking or publishing opinions that can be out of favor with the current political elite.
Representing software developers and online content providers, the Institute’s litigation extended First Amendment protections for Internet speech, thereby limiting government’s regulation of speech and commerce via software and the Internet.
Current First Amendment Cases
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SpeechNow.org–SpeechNow.org v. FEC
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Arizona “Clean Elections Act” (Second Challenge)–Martin v. Brewer
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St. Louis Free Speech–Neighborhood Enterprises, Inc. v. City of St. Louis
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Texas Interior Design–Byrum et al v. Landreth et al
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Glendale, Ohio Free Speech–Pagan v. Fruchey
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Parker North, Colorado Free Speech–Sampson et al. v. Gigi Dennis, Secretary of State of Colorado
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New Hampshire Speech–Skynet Corporation d/b/a ZeroBrokerFees.com v. Slattery
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Colorado Free Speech–Independence Institute v. Richard Evans, and Gigi Dennis, Secretary of State, State of Colorado
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Washington Political Speech–San Juan County v. No New Gas Tax
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Completed First Amendment Cases
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New Mexico Interior Design–Sherry Franzoy and Caryn Armijo v. Barbara Templeman
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Redmond, Wash., Portable Sign Ban–Dennis Ballen, et al., v. The City of Redmond, et al.
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Lynnwood, WA Sign Ordinance–Epoch Design v. City of Lynnwood
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Minnesota Winery Internet Speech–Crockett v. Minnesota Department of Public Safety
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U.S. Government-forced Milk Advertising–Cochran v. Veneman
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California Real Estate Website Licensing–ForSaleByOwner.com v. Zinneman
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Arizona “Clean Elections Act” (First Challenge)–Lavis v. Bayless
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Michigan Teachers' Union Speech Squashing Lawsuit–Battaglieri v. Mackinac Center for Public Policy
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CFTC Internet and Software Licensing–Taucher v. Born
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New Orleans Bookseller Ban–Wexler v. City of New Orleans
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Federal Micro-Radio Restrictions–Roy Neset v. United States of America
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Mesa, Ariz. Sign Ordinance–Salib v. City of Mesa
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Other First Amendment Issues
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Zillow–Arizona Bureaucrats Launch Attack on Free Speech
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Amicus Briefs–"Friend of the Court" Briefs filed by IJ
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Federal Electioneering Communications Ban–FEC v. Wisconsin Right to Life
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Washington Paycheck Protections–Washington v. Washington Education Association and Davenport v. Washington Education Association
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Vermont’s Campaign Expenditure and Contribution Limits–Randall v. Sorrell
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