Father, law professor, former FEC Commissioner, Chairman Institute for Free Speech @InstFreeSpeech, lover of liberty & dogs, evidence-based, #freespeech,
Joined September 2009
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- Followers 14,362
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125 Photos and videos
Brad Smith retweeted
Jun 11
Maybe the foreigners have it right. Maybe the eagle and the flyover and the canyon and the kindness of a stranger with car keys really are worth crossing an ocean to see. Maybe, watching them fall in love with the place we take for granted, we could fall in love with it again ourselves and decide to be a little more charitable to the neighbor God told us to love, even when we cannot stand how he votes.
ewerickson.substack.com/p/th…
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Jun 12
I’ve long mentioned this quote by Elihu Root (former Senator, cabinet secretary, and Nobel Peace Prize winner) to my law students, and it’s been on my mind this week a lot:
“About half the practice of a decent lawyer is telling would-be clients they’re being damned fools and should shut up.”
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Brad Smith retweeted
We're proud to represent @grassroothawaii in this lawsuit to protect the right of all Hawaii residents to join together and seek change. Read the new article from @angele_latham on our challenge to Hawaii's Act 11, via @USATODAY: usatoday.com/story/news/poli…
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Jun 9
The Institute for Free Speech is proud to have represented the Buckeye Institute in suing the IRS over its needless, constitutionally infirm collection of donor information for 501(c)(3) non-profits.
We have already scored a major victory when the Federal District Court agreed with us that "exacting scrutiny," not "rational basis," was the standard to apply. The IRS filed an interlocutory appeal, which @InstFreeSpeech attorney Brett Nolan argued in March at the 6th Circuit, and we eagerly await the panel decision.
IFS is the best organization, bar none, when it comes to knowledge of campaign finance laws, donor privacy, and core political speech.
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Jun 10
It should also be noted that IFS attorneys successfully defeated the government’s effort to dismiss the case on standing grounds.
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Jun 10
I understand justifying one’s support for the miserable and unqualified Graham Platner on the grounds that Susan Collins is a fascist who enables Trump’s fascist takeover. Don’t agree, but if you’ve worked yourself into that hysteria, support for Platner over Collins makes sense. However, I’ve yet to hear any Democrat justify supporting Platner in the party’s primary.
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Brad Smith retweeted
Jun 9
The Institute for Free Speech is proud to have represented the Buckeye Institute in suing the IRS over its needless, constitutionally infirm collection of donor information for 501(c)(3) non-profits.
We have already scored a major victory when the Federal District Court agreed with us that "exacting scrutiny," not "rational basis," was the standard to apply. The IRS filed an interlocutory appeal, which @InstFreeSpeech attorney Brett Nolan argued in March at the 6th Circuit, and we eagerly await the panel decision.
IFS is the best organization, bar none, when it comes to knowledge of campaign finance laws, donor privacy, and core political speech.
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Jun 9
If authoritarian nations dominate AI, it will not only be bad for national defense and economic growth, but for truth and free speech, as more and more people rely on AI for summaries of events and answers to historical questions. Unfortunately, we face a steep skilled trades shortage.
Here in Ohio, @AmericanEdge member @Meta is investing millions in workforce training. It's Workforce Academy trains Americans for in-demand trades jobs, free of charge, with a guaranteed job at the end and credentials they can take anywhere. https://www. dispatch.com/story/business/…
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Brad Smith retweeted
Jun 6
BREAKING: @InstFreeSpeech has filed suit on behalf of @grassroothawaii to challenge Hawaii's onerous Act 11, which severely infringes on political speech rights. Read our full press release on the filing of the case HERE: ifs.org/news/free-speech-law…
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Brad Smith retweeted
Jun 6
Free speech always under assault somewhere, but Hawaii is trying to set a new standard for political censorship and violation of association rights. It's new law bans almost all organized groups of Americans from speaking out on political issues.
The @InstFreeSpeech, representing @grassroothawaii, has filed suit. ifs.org/news/free-speech-law…
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Jun 9
I believe--humbly of course!--that the seminal article on this point is "Separation of Campaign and State," gwlr.org/wp-content/uploads/…
Jun 8
Elections and campaigns are different things. The government can fund and administer the election, but it can’t stop people from speaking about the election. That’s censorship.
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Jun 6
Read this thread from @InstFreeSpeech attorney Owen Yeates, who explains why, representing @grassroothawaii we have challenged Hawaii's anti-free speech, anti-free of association law:
Jun 6
There are many strong feelings about this subject, but I’m very happy to be representing this group in protecting our rights of association. To help make sure that we can freely join together.
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Jun 1
Don't wait around for someone else to throw a 250th birthday party. Have a big cookout for the neighbors. Decorate. Read the Declaration of Independence aloud (you can pass it around, letting each guest read a few lines--don't forget the kids, too). Buy some fireworks and light them off. Play patriotic music--there's plenty on Spotify, Pandora, Apple, etc. Wish people a "Happy 250th."
This is an amazing country, and one thing that has made it amazing is not waiting around for someone else to act.
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May 28
Congratulations to my friend—and more importantly, a quality judge—Matthew Byrne.
I am pleased to announce the nomination of Matthew Byrne to serve as Judge on the U.S. District Court for the Southern District of Ohio. As Judge on the Ohio Twelfth District Court of Appeals, Matt has distinguished himself, and delivered strong results for The Buckeye State. He comes strongly recommended by our Great Vice President, JD Vance, and Senators Bernie Moreno and Jon Husted! Matt previously worked as an attorney at two major Cincinnati Law Firms, received his J.D. from The Ohio State University Moritz College of Law, and earned his B.A. from Xavier University. The Constitutional Rights of the incredible people of Ohio are in good hands with Matt on the Federal Bench. Congratulations Matt! President DONALD J. TRUMP
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May 27
This ain't bad. I regret that in the opening minutes of my comments I referenced the federal party contribution limit instead of the party coordinated expenditure limits, but the broader substance remains accurate.
May 27
NEW: @InstFreeSpeech Chairman @CommishSmith participated in a @MackinacCenter event yesterday, discussing election reform, campaign finance, and free political speech. Watch the full event HERE (Brad's remarks begin around the 42-minute mark): facebook.com/share/v/1CooEAn…
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May 27
I absolutely agree. When we think “government waste,” the 1st thing we should think about is a tribute by our military to fallen American soldiers on Memorial Day. Next up: the Blue Angels; military bands; drill teams; and, of course, the Army-Navy football game.
May 26
I don't want to ever hear a conservative mention the term wasteful spending again. Ever.
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Brad Smith retweeted
May 23
Doing this program on Common Sense Electoral Reforms with my old friends from the @MackinacCenter Tuesday, May 26 in Grand Rapids, : mackinac.org/events/2026/may…
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May 23
I'd rather have people read my longer, more substantive stuff, but at least with the NYT we're reaching a different audience.
IFS Chairman @CommishSmith responds to @nytimes' Buckley v. Valeo piece. Gift link below.
"[The law] would have limited organizations such as the A.C.L.U., Planned Parenthood and the Chamber of Commerce to spending $1,000 “relative to” a candidate. That effectively silenced every advocacy group in America.
The act’s purpose was to limit political discussion."
All three letters to the editors are worth the read!
nytimes.com/2026/05/22/opini…
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