First Amendment Research Reports
Commercial Speech | Economic Liberty | First Amendment | Food Freedom | Food Freedom
Censorship and Sensibility: Does the First Amendment Allow the FDA to Change the Meanings of Words?
The question of whether the Constitution allows the government to change the meanings of words is receiving renewed interest in the aftermath of the FDA’s announcement that it intends to examine whether it should begin…
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Putting Licensing to the Test
More Americans than ever need a license to work. But what do occupational licenses actually accomplish? This case study of one such license adds to a growing body of research that suggests this red tape…
First Amendment | Occupational Speech | Tour Guides
Occupational Speech and the First Amendment
In May 2013, newspaper columnist John Rosemond received a cease-and-desist letter from the Kentucky Board of Examiners of Psychology informing him that his syndicated column — in which he answers readers’ questions about parenting —…
First Amendment | Political Speech
The Public’s Right to Know versus Compelled Speech
In this Article, we question neither the desirability of creating transparency in the ties between candidates and their contributors, nor the efficacy of disclosure regulations in affecting this end. This is despite the fact that…
First Amendment | Political Speech
Full Disclosure
Publicly disclosing contributions to ballot issue campaigns does little to help voters make better choices—and instead imposes substantial costs on people wishing to participate in politics.
First Amendment | Political Speech
Keep Out
Campaign-finance laws protect political insiders by making it harder for upstart citizen groups to form and bring new voices to public debate.
First Amendment | Political Speech
What Does Research Say About Public Funding for Political Campaigns?
The best available evidence suggests that funding political campaigns with public dollars does little to reduce special interest influence, encourage competitive races or boost political participation.
First Amendment | Political Speech
Mowing Down the Grassroots
Grassroots lobbying—encouraging citizens to contact public officials in order to affect public policy—is quintessential representative democracy in action. However, as this report documents, sweeping lobbying laws in 36 states threaten to strangle grassroots movements in…
First Amendment
The Regulation of Grassroots Lobbying
President Obama’s domestic policies have generated opposition among many in the general public and mobilized previously uninvolved citizens. This opposition has manifested itself in public rallies, “tea party” protests, and spirited feedback at town hall…
First Amendment
Attack Ballot Issue Disclosure Root and Branch
For years, the lower federal and many state courts have given short shrift to the First Amendment rights of those who wish to contribute money to groups that advocate the passage or defeat of ballot…
First Amendment | Political Speech
Locking Up Political Speech
Americans were once free to speak about politics without asking permission from the government or being forced to document their political activities for the authorities. But under the guise of “campaign finance reform,” government regulation…
First Amendment | Political Speech
Mandatory disclosure for ballot initiative campaigns
This research examines some of the assumptions inherent in discussions of campaign-finance disclosure laws as they relate to ballot issues. Specifically, it tests the theory that mandatory disclosure contributes to “better” (that is, more informed)…
Economic Liberty | First Amendment | Interior Design | Occupational Licensing | Occupational Speech
Designed to Exclude
Americans used to be free to practice interior design work and succeed or fail based solely on their skills. But, to the detriment of consumers and would-be entrepreneurs, that is changing. The American Society of…
First Amendment
Davis v. FEC and the Constitutionality of “Clean Elections” Systems
In a “clean elections” system, taxpayer funded candidates must agree to limit their campaign spending. Imposing limits on campaign spending for candidates who forego taxpayer dollars and instead run traditional campaigns would be unconstitutional. Most…
First Amendment
SpeechNow.org and the Paradox of Buckley v. Valeo
The right to free speech, including the right to speak out about who should be elected to public office, is a fundamental American right, essential to democratic debate. So, too, is the right of individuals…
Economic Liberty | First Amendment | Interior Design | Occupational Licensing | Occupational Speech
Designed to Mislead
Do people who design interiors “mislead” the public when they call themselves “interior designers” without government permission? Industry insiders advocating greater regulation say yes, but practicing interior designers who simply want to accurately describe what…
Economic Liberty | Interior Design | Occupational Licensing | Occupational Speech
Misinformation & Interior Design Regulation
This report responds to a purported rebuttal of the Institute for Justice’s research on interior design regulations and details how its author, an advocate of increased regulation, fails to provide any evidence of the need…
Economic Liberty | First Amendment | Interior Design | Occupational Licensing | Occupational Speech
Designing Cartels
This report examines titling laws, little-known regulations that require people practicing certain professions to gain government permission to use a specific title, such as “interior designer,” to describe their work. Although titling laws receive little…
First Amendment | Political Speech
Campaign Finance Red Tape
Twenty-four states permit citizens to make laws directly through ballot measures. These states also regulate how citizens—if they band together—may speak out about them. In the name of “disclosure,” these regulations impose complicated registration and…
First Amendment | Political Speech
Disclosure Costs
This study examines the impact of one of the most common features of campaign finance regulations: mandatory disclosure of contributions and contributors’ personal information. While scholars have looked at the effects of other kinds of…