Institute for Free Speech

Free Speech Arguments

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

Author

Institute for Free Speech

Category

Government

Podcast website

www.ifs.org

Latest episode

May 14, 2026

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Episodes

Are the Trump Executive Orders Targeting Law Firms and Lawyers Constitutional? (Perkins Coie LLP v. DOJ) 14.05.2026

Episode 51 :  Perkins Coie LLP v. Department of Justice Perkins Coie LLP v. Department of Justice , argued before Chief Judge Sri Srinivasan, Judge Cornelia T.L. Pillard, and Judge Neomi Rao of the United States Court of Appeals for the D.C. Circuit on May 14, 2026. Argued by Paul Clement (on behalf of the Law Firm Appellees), Abbe Lowell (on behalf of Appellee Mark Zaid), and Abhishek Kambli (on...

IRS Donor Disclosure Law: What First Amendment Standard of Review Applies? (The Buckeye Institute v. Internal Revenue Service) 29.04.2026

Episode 50 :  The Buckeye Institute v. Internal Revenue Service 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...

Can Government Retaliate Against Critics by Launching an Investigation and Demanding Documents? (Media Matters for America v. Federal Trade Commission) 13.04.2026

Episode 48 : Media Matters for America (MMFA) v. Federal Trade Commission   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 beha...

Can Government Punish Nondisruptive Private Speech of Its Employees? (Hussey v. City of Cambridge, et al.) 08.04.2026

Episode 47 : Hussey v. City of Cambridge, et al. Hussey v. City of Cambridge, et al.  argued  en banc  before the United States Court of Appeals for the First Circuit on April 8, 2026. Argued by Jack Bartholet (on behalf of Brian Hussey) and Robert M. Loeb (on behalf of the City of Cambridge officials).   Case Summary, from the  Appellants’ Opening Brief :  “This case raises fundamental questions...

Can Government Refuse Media Credentials Based on a Journalist’s Viewpoint? (Utah Political Watch, et al. v. Musselman, et al.) 17.03.2026

Episode 46 : Utah Political Watch, et al. v. Musselman, et al.   Utah Political Watch, et al. v. Musselman, et al.  argued before Judge Timothy M. Tymkovich, Senior Judge Michael R. Murphy, and Judge Robert E. Bacharach of the United States Court of Appeals for the 10th Circuit on March 17, 2026. Argued by Institute for Free Speech Senior Attorney Charles “Chip” Miller (on behalf of Utah Political...

Buckley v. Valeo Expert Panel Discussion 26.02.2026

Episode 45: The Enduring Legacy of Buckley v. Valeo January 30, 2026, marked the 50th anniversary of the Supreme Court’s landmark decision in Buckley v. Valeo. To commemorate the anniversary, the Institute for Free Speech convened a virtual panel to reflect on the history of the case and its enduring legacy. Moderated by Kim Strassel of the Wall Street Journal, the panel discussion featured the in...

Oral Arguments in the Landmark Case That Saved Democracy (Buckley v. Valeo, 1976) 20.01.2026

January 30, 2026 marks the 50th anniversary of Buckley v. Valeo, a landmark First Amendment speech clause case. While the podcast normally airs current oral arguments, we thought that it would be interesting to spotlight the oral arguments in this landmark case during month of its anniversary. Episode 44:  Buckley v. Valeo James L. Buckley, et al. v. Francis R. Valeo, Secretary of the United State...

Can Congress Limit Coordination Between a Party and Its Candidates? (National Republican Senatorial Committee, et al. v. Federal Election Commission, et al.) 09.12.2025

Episode 43:  National Republican Senatorial Committee, et al. v. Federal Election Commission, et al. National Republican Senatorial Committee, et al. v. Federal Election Commission, et al.  argued before the Supreme Court of the United States on December 9, 2025. Argued by Noel Francisco (on behalf of National Republican Senatorial Committee), Sarah M. Harris (on behalf of the federal respondents...

Can the Government Constitutionally Use Broad Subpoena Power in a Way that Chills Nonprofit and Donor Speech? (First Choice Women’s Resource Centers v. Platkin) 03.12.2025

Episode 42: First Choice Women’s Resource Centers v. Platkin First Choice Women’s Resource Centers v. Platkin, argued before the Supreme Court of the United States on December 2, 2025. Argued by Erin Morrow Hawley, Alliance Defending Freedom, and Vivek Suri, Assistant Solicitor General (on behalf of First Choice Women’s Resource Centers), and Sundeep Subramanian Iyer, Chief Counsel to the Attorney...

Can the Government Limit Access to a Citizen Flag Pole Based on Viewpoint? (Scaer, et al. v. City of Nashua, et al.) 02.12.2025

Episode 41:  Scaer, et al. v. City of Nashua, et al. Scaer, et al. v. City of Nashua, et al.  argued before the U.S. Court of Appeals for the First Circuit on December 2, 2025. Argued by Institute for Free Speech Attorney Nathan Ristuccia (on behalf of Stephen and Bethany Scaer) and Steven A. Bolton (on behalf of the City of Nashua, NH).  Case Background, from the Institute for Free Speech  case p...

Can the White House Exclude Journalists From Limited-Access Events Based on Viewpoint? (Associated Press v. Taylor Budowich, et al.) 24.11.2025

Episode 40:  Associated Press v. Tayor Budowich, et al. Associated Press v. Taylor Budowich, et al.  argued  en banc  before the U.S. Court of Appeals for the D.C. Circuit on November 24, 2025. Argued by Yaakov M. Roth, Principal Deputy Attorney General of the United States (on behalf of Taylor Budowich, et al.) and Charles D. Tobin (on behalf of the Associated Press).   Case Background, from the ...

Can Schools Ban Parents from Silent Protest on School Grounds? (Fellers v. Kelley) 05.11.2025

Episode 39:  Fellers v. Kelley Fellers, et al. v. Kelley, et al. , argued before Circuit Judge Julie Rikelman and Senior Circuit Judges Sandra L. Lynch and Jeffrey R. Howard in the United States Court of Appeals for the First Circuit on November 5, 2025. Argued by Del Kolde (on behalf of Kyle Fellers, et al.) and Jonathan Shirley (on behalf of Marcy Kelley, et al.).  Background of the case, from t...

May Burdensome Disclosure Laws Create a De Facto Ban on Political Ads? (State of Washington v. Meta Platforms, Inc.) 28.10.2025

Episode 38:  State of Washington v. Meta Platforms, Inc. State of Washington v. Meta Platforms, Inc. , argued before the Supreme Court of Washington on October 28, 2025. Argued by Robert McKenna (on behalf of Meta Platforms, Inc.) and Cristina Sepe, Deputy Solicitor General of the State of Washington (on behalf of State of Washington) . Background of the case, from the  Supplemental Brief of Petit...

Can States Censor Conversations Between Therapists and Clients? (Chiles v. Salazar) 07.10.2025

Episode 37:  Chiles v. Salazar   Chiles v. Salazar,  argued before the Supreme Court of the United States on October 7, 2025. Argued by James Campbell (on behalf of Kaley Chiles), Hashim Mooppan, Principal Deputy Solicitor General (on behalf of the United States), and Shannon Stevenson, Colorado Solicitor General (on behalf of Patty Salazar). Case Background  (from the Supreme Court  question pres...

Can Arizona Expand Donor Disclosure Beyond Election Campaign Speech? (Center for Arizona Policy, Inc., et al. v. Arizona Secretary of State, et al.) 11.09.2025

Episode 36: Center for Arizona Policy, Inc., et al. v. Arizona Secretary of State, et al. Center for Arizona Policy, et al. v. Arizona Secretary of State, et al. , argued before the Arizona Supreme Court on September 11, 2025. Argued by Andrew Gould (on behalf of Center for Arizona Policy, Inc., et al.) and Eric Fraser and Alexander Samuels on behalf of Arizona. Background of the case [from the In...

Can Legislative Committees Ban ‘Misgendering’ During Public Comment? (Gays Against Groomers, et al. v. Garcia, et al.) 10.09.2025

Episode 35:  Gays Against Groomers, et al. v. Garcia, et al. Gays Against Groomers, et al. v. Garcia, et al. , argued before Judges Joel M. Carson, David M. Ebel, and Richard E. N. Federico in the U.S. Court of Appeals for the Tenth Circuit on September 10, 2025. Argued by Institute for Free Speech Senior Attorney Del Kolde (on behalf of Gays Against Groomers, et al.) and Edward T. Ramey (on behal...

Can a California City Silence a Critic Through Targeted Campaign Finance Laws? (Moving Oxnard Forward, Inc. v. Lourdes Lopez) 09.09.2025

Episode 34:  Moving Oxnard Forward, Inc. v. Lourdes Lopez Moving Oxnard Forward, Inc. v. Lourdes Lopez , argued en banc before Chief Judge Mary H. Murguia and Circuit Judges Kim McLane Wardlaw, Consuelo M. Callahan, Jacqueline H. Nguyen, John B. Owens, Ryan D. Nelson, Eric D. Miller, Daniel P. Collins, Lawrence VanDyke, Lucy H. Koh, and Jennifer Sung for the U.S. Court of Appeals for the Ninth Cir...

Can Public Universities Censor Faculty Critics? (Lowery v. Mills) 04.08.2025

Episode 33:  Lowery v. Mills Lowery v. Mills , argued before Circuit Judges Jerry E. Smith, Dana M. Douglas, and Carolyn Dineen King in the U.S. Court of Appeals for the Fifth Circuit on August 4, 2025. Argued by Institute for Free Speech Senior Attorney Del Kolde on behalf of Prof. Richard Lowery and Jeff Oldham on behalf of the University of Texas at Austin officials.  Background of the case  [f...

Can States Ban Ballot Speech by Lawful Permanent Residents? (OPAWL – Building AAPI Feminist Leadership v. Dave Yost) 23.07.2025

Episode 32:  OPAWL – Building AAPI Feminist Leadership v. Dave Yost, et al. OPAWL – Building AAPI Feminist Leadership v. Dave Yost, et al. , argued before Circuit Judges Raymond M. Kethledge, Eric E. Murphy, and Andre B. Mathis in the U.S. Court of Appeals for the Sixth Circuit on July 23, 2025. Argued by Elisabeth C. Frost (on behalf of OPAWL – Building AAPI Feminist Leadership), Mathura Jaya Sri...

Free Speech Arguments - Can Maine’s State Legislature Deny Voting Rights to a Legislator for a Social Media Post? (Libby v. Fecteau) 05.06.2025

Episode 31: Libby v. Fecteau Libby, et al. v. Fecteau, et al. , argued before Circuit Judge Lara Montecalvo, Circuit Judge Seth Aframe, and District Judge Camille Vélez-Rivé in the U.S. Court of Appeals for the First Circuit on June 5, 2025. Argued by Taylor Meehan of Consovoy McCarthy PLLC (on behalf of Laurel Libby, et al.), Harmeet Dhillon, Assistant Attorney General for Civil Rights (for Amicu...

Can Arizona Compel Broad Donor Disclosure for Ordinary Speech? (Americans for Prosperity, et al. v. Meyer, et al.) 15.05.2025

Episode 30:  Americans for Prosperity, et al. v. Meyer, et al. Americans for Prosperity, et al. v. Meyer, et al. , argued before Circuit Judges Johnnie B. Rawlinson, Patrick J. Bumatay, and Gabriel P. Sanchez in the U.S. Court of Appeals for the Ninth Circuit on May 15, 2025. Argued by Derek L. Shaffer (on behalf of Americans for Prosperity, et al.) and David Kolker (on behalf of Intervenor-Defend...

Can States Prohibit Pro-Bono Litigation Services for Candidates? (Institute for Free Speech v. J.R. Johnson, et al.) 28.04.2025

Episode 29:   Institute for Free Speech v. J.R. Johnson, et al.  Institute for Free Speech v. J.R. Johnson, et al.  argued before Chief Judge Jennifer Walker Elrod and Judges Kurt D. Engelhardt and Greg Gerard Guidry in the U.S. Court of Appeals for the Fifth Circuit on April 28, 2025. Argued by Del Kolde (on behalf of the Institute for Free Speech) and Cory R. Liu (on behalf of J.R. Johnson, et a...

Can the White House Ban Outlets from the Press Pool? (Associated Press v. Taylor Budowich) 18.04.2025

Episode 28: Associated Press v. Taylor Budowich   Associated Press v. Taylor Budowich , argued before a three-judge panel in the U.S. Court of Appeals for the DC Circuit on April 17, 2025. Argued by Eric D. McArthur (on behalf of Appellants Taylor Budowich, et al.) and Charles D. Tobin (on behalf of Appellee Associated Press). Lawyers for the Trump administration are seeking a stay on the DC Distr...

Can States Ban the Teaching of Some Controversial Concepts? (Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut) 08.04.2025

Episode 27:  Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut , argued before Circuit Judge Lara Montecalvo, Senior Circuit Judge William J. Kayatta, Jr., and Circuit Judge Seth Aframe in the U.S. Court of Appeals for the First Circuit on April 8, 2025. Argued by Charles G. Moerdler and Gilles R. Bissonnette (on behalf of Local 8027, AFT-New Ham...

Can Public Schools Compel Preferred Pronoun Usage? (Parents Defending Education v. Olentangy Local School District, et al.) 19.03.2025

Episode 26: Parents Defending Education v. Olentangy Local School District, et al. Parents Defending Education v. Olentangy Local School District , argued before the en banc U.S. Court of Appeals for the Sixth Circuit on March 19, 2025. Argued by Cameron Norris (on behalf of Parents Defending Education); Elliott Gaiser, Solicitor General of Ohio (on behalf of Ohio and 22 other states as amici curi...

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