
So to Speak: The Free Speech Podcast Ep. 258: Donor disclosure and campaign finance at SCOTUS
Nov 25, 2025
Brad Smith, former Federal Election Commission chairman and now at the Institute for Free Speech, joins Brett Nolan, a senior attorney from the same institute, to delve into pivotal Supreme Court cases on donor disclosure and campaign finance. They discuss the significance of donor privacy, warning against the chilling effect of public disclosure. The duo also critiques limits on party spending, arguing money is a form of speech. Their insights shed light on the future legal landscape for campaign finance, emphasizing the importance of protecting First Amendment rights.
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Origins Of IFS In Personal Discovery
- Brad Smith found an old college exam arguing campaign finance laws infringe speech which showed long-standing interest in the topic.
- His FEC tenure revealed a lack of institutional defenders for free-speech challenges and helped inspire the Institute for Free Speech.
How A Case Sparked A Career
- Brett Nolan discovered his passion after working on a political defamation case which ignited interest in free-speech work.
- Government roles later exposed him to pro-speech positions that made him eager to join the Institute for Free Speech.
Subpoenas Can Chill Associational Privacy
- First Choice challenges a New Jersey AG subpoena seeking donor lists and extensive records from a pregnancy crisis center.
- The case centers on whether pre-enforcement federal suits can stop subpoenas that chill associational privacy.

