First Amendment

Advance Constitutional Change

The Brennan Center fights to protect the rights to free speech and freedom of the press.

Why It Matters

The rights to free speech, protest, and a free press aren’t just integral to democracy — they are core American values.

However, the courts have weaponized the First Amendment’s protection of free speech to produce perverse, undemocratic results. In a series of cases, most notably Citizens United, campaign finance laws that protect the integrity of our elections against corruption have been overturned. This misguided jurisprudence has helped usher in a flood of corporate and special-interest money into our elections, diminishing the voices of ordinary citizens.

The Brennan Center fights to protect speech and protest rights and freedom of the press by raising the alarm about government efforts to silence and intimidate demonstrators. And we’re closely monitoring social media companies that remove content, to ensure theyre allowing for a free and robust public conversation. We also work to advance a vision of the Constitution as a charter for a vibrant, participatory democracy protected from the outsize influence of corporations and special interests.

Work & Resources

Work & Resources

Court Case Tracker

Murthy v. Missouri (Formerly Missouri v. Biden)

On October 20, 2023, the Supreme Court agreed to hear Murthy v. Missouri (originally filed as Missouri v. Biden), a case that addresses the role that government officials can play in communicating with social media companies in the development and implementation of content moderation policies. The Brennan Center filed an amicus brief on behalf of a bipartisan group of election officials that explains why ensuring that government officials remain free to communicate accurate information about elections to social media companies is critical to American democracy.