In this unprecedented time, the Institute for Free Speech remains vigilant in defending Americans’ free speech rights from government overreach. After all, China’s suppression of information about the coronavirus in its early stages is a reminder that free expression is essential to our safety and prosperity. As negotiations unfolded in Congress on a response to the outbreak, House Leadership released a 1,400+ page bill purporting to respond to the pandemic. Buried in that legislation were two provisions wresting First Amendment freedoms from anyone receiving federal aid. In response, IFS released a detailed analysis explaining why the provisions would be unconstitutional.

The first provision would have conditioned the acceptance of federal aid by businesses on a handful of unconstitutional restrictions, including a prohibition on their ability to lobby the government until all such aid was repaid. The draft bill also would have required any publicly-traded corporation receiving COVID-19-related assistance to permanently report its giving to nonprofits and membership in trade associations in quarterly public filings with the Securities and Exchange Commission. This mandate would have chilled speech and threatened the financial health of trade associations and causes disfavored by those in power. Fortunately, due to backlash from IFS and others, these provisions weren’t included in the final legislation passed by Congress. However, IFS remains on guard for future efforts to include anti-speech provisions in COVID-19 response legislation in Congress and the states. There’s no excuse for conditioning vital economic relief on the sacrificing of Americans’ First Amendment rights.