IJ Pillar
First Amendment
IJ fights for the right to speak freely about the issues that matter most to ordinary people and to defend the free flow of information essential to democratic government and free enterprise.
To protect free speech rights, IJ litigates to protect commercial, occupational and political speech. Because free markets depend on the free flow of information, IJ has long defended the right of business owners to communicate commercial speech to their customers. The Institute for Justice has also litigated groundbreaking cases in defense of occupational speech, protecting authors, tour guides, interior designers and others who speak for a living or offer advice from government regulations designed to stifle or silence their speech. Finally, we have been at the forefront of the fight against laws that hamstring the political speech of ordinary citizens and entrench political insiders. These laws include burdensome campaign finance laws and restrictions on grassroots lobbying.
Through IJ’s litigation, we seek to ensure that government regulation is constrained and that speakers and listeners are able to freely exchange information on the topics that matter most to them. Speakers and listeners should determine the value of speech, not the government.
First Amendment Issues
Commercial Speech
The Institute for Justice fights on behalf of entrepreneurs to uphold the deeply American values of free expression and free enterprise.
First Amendment Retaliation
IJ Is Leading the National Fight Against Backdoor Censorship Accomplished Through Government Retaliation Against Speech In many ways, the First Amendment has never been more robust as a…
Occupational Speech
Government officials are increasingly relying on occupational licensing laws to stifle speech and infringe on the right to earn an honest living.
Political Speech
The Institute for Justice opposes censorship and strongly believes that an unfettered marketplace of ideas strengthens political discourse.
Sign Codes
Under the First Amendment, the government cannot play the role of critic and censor messages that it deems disagreeable.
First Amendment Cases
Commercial Speech | Economic Liberty | First Amendment | Sign Codes
Institute for Justice joins lawsuit defending family bar threatened with fines and even jail time for using “barbershop” theme to honor owners’ late father
Institute for Justice joins lawsuit defending family bar threatened with fines and even jail time for using “barber shop” theme to honor owners’ late father When Mike DiGiacomo and…
Commercial Speech | First Amendment
Equine Body Work Teachers Sue Wisconsin for Violation of First Amendment Right to Occupational Speech
Jim Masterson has been working with animals for almost 30 years. But Wisconsin said he can’t teach without subjecting Jim’s school to an all-encompassing review of everything from Jim’s curriculum to intrusive inquiries into his business model.
First Amendment | First Amendment Retaliation
Arizona Educator Sues County Attorney Whose Hired Thugs Bullied Him Out of Election Campaign
Fernie Madrid ran for school superintendent in Apache, but he was running against the wife of the County Attorney, Michael Whiting. Whiting used his employees to retaliate against Fernie and bully him out of the race. Now, Fernie is suing over the violation of his First Amendment rights.
Commercial Speech | Economic Liberty | First Amendment | Occupational Licensing
Small Business Challenges Oklahoma's Unconstitutional Restrictions on Casket Sales
Small business challenges Oklahoma's unconstitutional restrictions on casket sales
First Amendment | First Amendment Retaliation | Immunity and Accountability
Smalltown Newspaper Punished for its Reporting Fights for the First Amendment
Four residents of a small Alabama county were targeted for retaliation by a district attorney and sheriff. Now, they are suing with IJ to protect their constitutional rights.
First Amendment News
Public Interest Law Firm Warns PA Lawmakers Against Regulating Speech
This week, the Institute for Justice (IJ) warned Pennsylvania lawmakers that attempting to regulate how the term “state fair” is used would violate residents’ First Amendment rights.
Virginia Counselor Wins Lawsuit Challenging District of Columbia’s Restrictions on Teletherapy Sessions
WASHINGTON—On Wednesday, the United States District Court for the District of Columbia struck down a D.C. law that barred therapists from other jurisdictions from doing online teletherapy visits with clients in D.C. The decision comes nearly six years…
Fort Wayne Death Doula Secures Final Victory in First Amendment Lawsuit Challenging State’s Restrictions on Discussing End-of-Life Care
FORT WAYNE, Ind.—Today, the United States District Court for the Northern District of Indiana entered a consent decree cementing a Fort Wayne death doula’s victory in her First Amendment lawsuit challenging the state of…
Federal Court Rules Eastern Shore Town, Councilman Violated Constitution When Councilman Cut Pipe Attached to Food Truck
NORFOLK, Va.—Today, a federal court ruled that the town of Parksley, Virginia, and Councilman Henry Nicholson violated the U.S. Constitution’s Fourth Amendment, as well as Virginia law, when Nicholson cut a water pipe running from the Eben-Ezer Food Truck, causing more than a thousand dollars in food…
Federal Court Rules That Fort Bend County Lieutenant Taylor Rollings Arrested Independent Journalist Justin Pulliam in Violation of the First Amendment
HOUSTON, TX—Yesterday afternoon, Judge George Hanks of the U.S. District Court for the Southern District of Texas handed a win to independent journalist Justin Pulliam after a trial last summer.
Lawsuit Against Alabama District Attorney and Sheriff Who Punished Political Opponents and Reporter Moves Forward
MOBILE, Ala.—A lawsuit against the Escambia County District Attorney Stephen Billy, Sheriff Heath Jackson, and several deputies over their retaliatory arrests of four residents will move forward after a federal court…
First Amendment Legislation
First Amendment
Anti-SLAPP Act
Strategic Lawsuits Against Public Participation (SLAPP) are a way for individuals who do business with the government to silence their critics through costly lawsuits. In many states, there are no protections from frivolous…
First Amendment | Sign Codes
Sign Code Act
In June 2015, the United States Supreme Court decided its first sign code case in over 20 years, Reed v. Town of Gilbert, Arizona, 135 S. Ct. 2218 (2015). The Court’s opinion in Reed made clear that…
First Amendment Research
Commercial Speech | Economic Liberty | First Amendment
Standards of Identity and Imitation Milk Labeling
The stated motivation for identity standards is to protect consumers from misleading claims and reduce confusion. However, identity standards with little flexibility may increase consumer confusion while limiting the ability of firms to differentiate…
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…