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Free Speech Arguments

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by Institute for Free Speech

5.0(1 reviews)
50 episodes
Updated Weekly
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Podcast Overview

Presented by the Institute for Free Speech The Free Speech Arguments Podcast brings you oral arguments from important First Amendment free political speech cases across the country.

Language

🇺🇲

Publishing Since

2/26/2024

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36 episodes over 1.5 years

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Recent Episodes

Episode thumbnail for Are the Trump Executive Orders Targeting Law Firms and Lawyers Constitutional? (Perkins Coie LLP v. DOJ)

May 14, 2026

Are the Trump Executive Orders Targeting Law Firms and Lawyers Constitutional? (Perkins Coie LLP v. DOJ)

Paul Clement, Abbe Lowell, and Abhishek Kambli discuss the constitutionality of executive orders targeting law firms and lawyers in this interview.

Episode thumbnail for IRS Donor Disclosure Law: What First Amendment Standard of Review Applies? (The Buckeye Institute v. Internal Revenue Service)

April 29, 2026

IRS Donor Disclosure Law: What First Amendment Standard of Review Applies? (The Buckeye Institute v. Internal Revenue Service)

<p><strong>Episode 50</strong><strong>:</strong> The Buckeye Institute v. Internal Revenue Service</p><p>The Buckeye Institute v. Internal Revenue Service, argued before Senior Judge R. Guy Cole, Jr., Judge Richard Allen Griffin, and Judge Chad A. Readler of the United States Court of Appeals for the Sixth Circuit on April 29, 2026. Argued by Institute for Free Speech Senior Attorney Brett Nolan (on behalf of The Buckeye Institute) and Michael Weisbuch (on behalf of the Internal Revenue Service).</p><p><strong>Case Summary, from the </strong><a href="https://www.ifs.org/cases/the-buckeye-institute-v-internal-revenue-service/" target="_blank" rel="noopener"><strong>Institute for Free Speech website</strong></a><strong>:</strong></p><p>The Buckeye Institute filed a lawsuit challenging a decades-old tax law that forces the IRS to demand that nonprofit charities disclose the private information of their largest donors each year. Represented by attorneys at the Institute for Free Speech and its own attorneys, Buckeye’s lawsuit says the law violates the First Amendment and the requirement chills free speech and association.</p><p>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 noted in that 2020 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 requires it.</p><p>The lawsuit claims 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 other IRS leaks understandably give financial supporters of certain charities, including Buckeye, justified pause...</p><p>District Court Judge Michael H. Watson ruled that exacting scrutiny is the appropriate level of judicial review to apply to the law in question in the Buckeye case. Relying on AFPF, Judge Watson’s order shifts the burden to the IRS. The government must prove that this law is narrowly tailored to achieve the government’s interest in tax enforcement and administration. That means the government must justify collecting sensitive donor information from every 501(c)(3) non-profit every year.</p><p>A special procedure in federal law allows federal appellate courts to review a ruling before the case is decided. That’s the situation in this appeal. The government disagreed with Judge Watson’s ruling, stating that exacting scrutiny applied, and asked the appeals court for permission to review his opinion. Both Judge Watson and the Sixth Circuit granted the request for review.</p><p><strong>Statement of Issues, from the </strong><a href="https://www.ifs.org/wp-content/uploads/2025/11/032-Buckeye-Appellee-Brief.pdf" target="_blank" rel="noopener"><strong>Appellee’s Brief</strong></a><strong>:</strong></p><ol><li>Whether exacting scrutiny governs a First Amendment challenge to 26 U.S.C. § 6033(b)(5)’s requirement that nonprofit organizations disclose their “substantial contributors.”</li><li>Whether the Court can enter judgment against the plaintiff-appellee, determining that § 6033(b)(5) does not violate the First Amendment, without affording the plaintiff-appellee an opportunity for discovery or factual development.<strong> </strong></li></ol><p><strong>Resources:    </strong></p><ul><li><a href="https://www.ifs.org/cases/the-buckeye-institute-v-internal-revenue-service/" target="_blank" rel="noopener">Institute for Free Speech case page</a> (contains all documents)</li><li><a href="https://www.ifs.org/wp-content/uploads/2025/06/017-Appellants-Brief.pdf" target="_blank" rel="noopener">Opening Brief for the Appellant</a></li><li><a href="https://www.ifs.org/wp-content/uploads/2025/11/032-Buckeye-Appellee-Brief.pdf" target="_blank" rel="noopener">Appellee’s Brief</a></li><li><a href="https://www.ifs.org/wp-content/uploads/2025/03/011-Order-granting-petition.pdf" target="_blank" rel="noopener">Sixth Circuit Order Granting the Petition for Interlocutory Review</a></li><li><a href="https://www.ifs.org/blog/court-irs-donor-disclosure-law-must-overcome-exacting-scrutiny/" target="_blank" rel="noopener">Institute for Free Speech Blog Post</a>, “Court: IRS Donor Disclosure Law Must Overcome Exacting Scrutiny”</li></ul><p>The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment. If you’re enjoying the Free Speech Arguments podcast, please subscribe and leave a review on your preferred podcast platform. To support the Institute’s mission or inquire about legal assistance, please visit our website: www.ifs.org</p>

Episode thumbnail for Can Government Retaliate Against Critics by Launching an Investigation and Demanding Documents? (Media Matters for America v. Federal Trade Commission)

April 13, 2026

Can Government Retaliate Against Critics by Launching an Investigation and Demanding Documents? (Media Matters for America v. Federal Trade Commission)

<p>Episode 48: Media Matters for America (MMFA) v. Federal Trade Commission<strong> </strong></p><p>Media Matters for America v. Federal Trade Commission, argued before Judges Patricia A. Millett, Robert L. Wilkins, and Gregory G. Katsas of the United States Court of Appeals for the D.C. Circuit on April 13, 2026. Argued by Nathaniel A.G. Zelinsky (on behalf of Media Matters of America) and H. Thomas Byron, III (on behalf of the Federal Trade Commission).</p><p><strong>Case Summary, adapted from the </strong><a href="https://www.ifs.org/wp-content/uploads/2026/04/Media-Matters-Appellees-Brief.pdf" target="_blank" rel="noopener"><strong>Brief for the Plaintiff-Appellee</strong></a><strong> Media Matters:</strong></p><p>When Elon Musk purchased X, he modified the rules about violent posts and misinformation, laid off staff responsible for moderating the site, and reinstated accounts of white supremacists and conspiracy theorists. As a result, MMFA alleged that extremist content surged.</p><p>MMFA is a nonprofit media watchdog that chronicled what it described as the increasingly disturbing content on X. In November 2023, one of Media Matters’ articles about X went viral. It claimed advertisements for some companies, including Apple and IBM, were still appearing alongside pro-Nazi and antisemitic content.</p><p>The article struck a nerve and, along with other reporting about X, has made MMFA a target for Musk and his allies, including FTC Chairman Andrew Ferguson, who blamed the organization for advertisers leaving the site. Musk immediately vowed to bring a “thermonuclear lawsuit” against MMFA.</p><p>Musk’s company also filed suit in the Northern District of Texas—not in California, as required by X’s terms of service. Meanwhile, Stephen Miller—today, the White House Deputy Chief of Staff—called on “conservative state Attorneys General” to investigate MMFA for its speech. In response, Texas and Missouri issued intrusive document demands to MMFA.</p><p>The district court granted a preliminary injunction blocking the FTC investigation of MMFA, finding that it violated the First Amendment. The FTC appealed.</p><p><strong>Statement of the Issues, from the </strong><a href="https://www.ifs.org/wp-content/uploads/2026/04/Media-Matters-Appellees-Brief.pdf" target="_blank" rel="noopener"><strong>Brief for the Plaintiff-Appellee</strong></a><strong> MMFA:</strong></p><ol><li>Whether the district court had jurisdiction.</li><li>Whether Media Matters has a cause of action.</li><li>Whether the FTC forfeited its exhaustion argument.</li><li>Whether the district court clearly erred in finding retaliation.</li><li>Whether the district court clearly erred in finding the CID would deter a person of ordinary firmness from speaking.</li><li>Whether the district court abused its discretion in balancing the equities.<strong> </strong></li></ol><p><strong>Resources:    </strong></p><ul><li><a href="https://www.ifs.org/wp-content/uploads/2026/04/Media-Matters-Appellees-Brief.pdf" target="_blank" rel="noopener">Brief for the Plaintiff-Appellee – Media Matters for America</a></li><li><a href="https://www.ifs.org/wp-content/uploads/2026/04/Media-Matters-Appellant-Brief.pdf" target="_blank" rel="noopener">Brief for the Appellants – Federal Trade Commission, et al.</a></li><li><a href="https://www.courtlistener.com/docket/71146258/media-matters-for-america-v-ftc/" target="_blank" rel="nofollow external noopener noreferrer">CourtListener Docket</a></li><li><a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.281859/gov.uscourts.dcd.281859.34.0_1.pdf" target="_blank" rel="nofollow external noopener noreferrer">District Court Opinion Granting the Motion for Preliminary Injunction</a><strong> </strong></li></ul><p>The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment. If you’re enjoying the Free Speech Arguments podcast, please subscribe and leave a review on your preferred podcast platform. To support the Institute’s mission or inquire about legal assistance, please visit our website: www.ifs.org</p>

50 total episodes available with 49 transcripts

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What is Free Speech Arguments?

Presented by the Institute for Free Speech

The Free Speech Arguments Podcast brings you oral arguments from important First Amendment free political speech cases across the country.

How often does this podcast release new episodes?

This podcast updates weekly.

Where can I listen to this podcast?

This podcast is available on 6 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.

Does this podcast accept guests?

No, this podcast does not typically feature guests.

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