Erica Smith

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Erica Smith is an attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting free speech, school choice, property rights, and economic liberty in federal and state courts.

Erica successfully defended the free speech right of the Fears Family to use signs to advertise their business in Fears v. City of Sacramento. She was also part of the winning team that protected New Hampshire’s Tax Credit Scholarship Program at the State Supreme Court in Duncan v. State of New Hampshire.

Most recently, Erica persuaded the Minnesota Court of Appeals to reinstate two bakers’ constitutional lawsuit against the state’s arbitrary restrictions on selling home baked goods.  After this victory, the state repealed the arbitrary restrictions, freeing home bakers across Minnesota to make an honest living.

Erica has been a guest on Fox & Friends, and her writing has been published in the Washington TimesNew York Post, Times-Free Press and The Virginian-Pilot. Erica has also been a guest on several radio shows.

Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.

Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010.  Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism. Erica is originally from Bay Shore, N.Y.

Erica is a member of the New York bar.

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