James Madison Center for Free Speech

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James Madison Center for Free Speech
James Madison Center for Free Speech 2.png
Basic facts
Location:Terre Haute, Indiana
Type:501(c)(3)
Affiliation:Nonpartisan
Top official:James Bopp, General Counsel
Founder(s):Mitch McConnell
Year founded:1997
Website:Official website


The James Madison Center for Free Speech is a 501(c)(3) legal defense organization that, according to its website, seeks to "protect the First Amendment right of all citizens to free political expression in our democratic Republic."[1]

Sen. Mitch McConnell (R-Ky.) and attorney James Bopp founded the organization in 1997.[2][3][4] As of 2025, the organization was managed by Bopp and staffed by members of his law firm.[5][6][7]

Background

The James Madison Center for Free Speech was founded in 1997 by Mitch McConnell and attorney James Bopp, with assistance from Betsy and Richard DeVos.[8][9][10]

The organization had the following mission statement on its website as of July 2025: "The Madison Center is dedicated to offering legal assistance to citizens and citizens' groups in order to challenge state and federal election laws and regulations that suppress their free speech and free association rights. Furthermore, the Madison Center is willing to defend citizens and citizens' groups when these right are threatened by government enforcement actions. Finally, the Madison Center will provide nonpartisan analysis and testimony regarding proposed legislation."[11]

Leadership

As of July 2025, the following individuals held leadership positions at the James Madison Center for Free Speech:[12]

  • James Bopp, general counsel
  • Corporate Officers:
    • Wanda Franz, president
    • Darla St. Martin, secretary
    • David N. O'Steen, treasurer
  • Board of Directors
    • Darla St. Martin
    • David N. O'Steen
    • Wanda Franz

Work and activities

FEC v. Wisconsin Right to Life and Citizens United v. FEC

The first notable legal challenge that Bopp and the Center worked on was Wisconsin Right to Life's challenge to the Bipartisan Campaign Reform Act of 2002, also known as the McCain-Feingold Act.[13] The challenge reached the Supreme Court, which ruled in a 5-4 decision that unless an ad could not be interpreted as anything other than advocating for the election or defeat of a candidate, it could not be regulated under McCain-Feingold.[14]

In 2007, Bopp and the Center helped the nonprofit organization Citizens United bring a case against the Federal Election Commission, Citizens United v. Federal Election Commission. Bopp wrote the original lawsuit and tried the case through the appeals process, though he was taken off the case before it reached the Supreme Court.[13] In 2010, the Supreme Court ruled in a 5-4 decision that the First Amendment right to free speech applies to corporations and thus the government cannot limit their political spending.[15]

Hinger v. Carpeneti

In 2009, the James Madison Center for Free Speech filed a lawsuit in federal court challenging Alaska's system of selecting judges. The lawsuit was filed in the United States District Court for the District of Alaska on July 2, 2009. The complaint said that Alaska's judicial selection system, which is a variant of the Missouri Plan, gives disproportionate influence to attorneys and, in so doing, violates the Equal Protection Clause of the United States Constitution, and 42 USC § 1983.[16]

The lawsuit was dismissed by Judge John Sedwick, who wrote:

Alaska’s founders, when considering the selection of the members of the Judicial Council at the Constitutional Convention, discussed these tensions and resolved the debate in favor of the expertise that attorneys could bring to the process. The Equal Protection Clause, as long interpreted by the federal courts, does not preclude Alaska from making that choice.[17][18]

Finances

The following is a breakdown of the James Madison Center for Free Speech's revenues and expenses from 2011 to 2023. The information comes from Internal Revenue Service reports.

James Madison Center for Free Speech financial data, 2011-2023
Year Revenue Expenses
2011 $255,879 $256,173
2012 $67,000 $67,284
2013 $1,875 $1,800
2014 $55,985 $55,000
2015 $137,249 $137,974
2016 $28,660 $139
2017 $22,444 $50,979
2018 $40,000 $40,000
2019 $1 $0
2020 $350 $9
2021 $59,280 $34,621
2022 $14,044 $38,371
2023 $3,720 $77

Notable endorsements

See also: Ballotpedia: Our approach to covering endorsements

This section displays endorsements this organization made in elections within Ballotpedia's coverage scope. Know of one we missed? Click here to let us know.

See also

External links

Footnotes

  1. James Madison Center for Free Speech, "Home," accessed July 24, 2025
  2. Google Books, "Republican Leader: A Political Biography of Senator Mitch McConnell," 2009
  3. Google Books, "Lawyers of the Right: Professionalizing the Conservative Coalition," 2008
  4. The New Yorker, "Attack Dog," February 5, 2012
  5. Slate, "James Bopp Jr. Gets Creative," October 5, 2012
  6. The Bopp Law Firm, "Attorneys," accessed July 24, 2025
  7. James Madison Center for Free Speech, "General Counsel & Attorneys," accessed July 24, 2025
  8. Google Books, "Republican Leader: A Political Biography of Senator Mitch McConnell," 2009
  9. Google Books, "Lawyers of the Right: Professionalizing the Conservative Coalition," 2008
  10. The Nation, "Everything You Think You Know About ‘Free Speech’ Is a Lie," August 20, 2019
  11. James Madison Center for Free Speech, "James Madison Center for Free Speech Mission Statement," July 24, 2025
  12. James Madison Center for Free Speech, "Officers and Directors," accessed July 24, 2025
  13. 13.0 13.1 The New York Times, "A Quest to End Spending Rules for Campaigns," January 24, 2010
  14. Oyez, "Federal Election Commission v. Wisconsin Right to Life, Inc.," July 24, 2025
  15. The Washington Post, "Campaign finance: a 'reform' wisely struck down," January 28, 2010
  16. "Lawsuit challenges Alaska judicial nomination process" Associated Press, August 26, 2009
  17. Ninth Circuit Court of Appeals, "Hinger v. Carpeneti," September 30, 2010
  18. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.