Week in Review: Free Speech vs. Administrative State

Can the government silence you simply by hinting at punishment? That’s the troubling reality for a group of employers who wanted to talk to their workers about the pros and cons of unionization, but were warned by a federal agency that doing so could be illegal. When the employers went to court, they were told they lacked “standing” to challenge the threat. Now the Goldwater Institute has filed a friend of the court brief urging the Fifth Circuit to recognize that the threat of punishment is enough to chill speech and violate the First Amendment.

As Goldwater’s Vice President for Legal Affairs Timothy Sandefur explains, the government can’t force people to choose between silence and prosecution. If citizens must wait to be punished before defending their rights, the right to speak freely becomes meaningless. The case is a critical test of the limits of bureaucratic power and whether the courts will protect Americans from administrative intimidation.

Read more here.

Goldwater in The Hill: A Zombie EEOC Is Attacking Small Businesses

What happens when a federal agency demands millions from a successful company—without a single public complaint—and then tries to silence the business owner from telling his side of the story? That’s the question at the heart of the Goldwater Institute’s latest lawsuit against the Equal Employment Opportunity Commission (EEOC).

Jon Riches, the Goldwater Institute’s Vice President for Litigation, recently wrote in The Hill that in 2017, the EEOC launched a rare “agency-initiated” age discrimination case against Meathead Movers, a California-based company known for hiring young, physically fit employees to do demanding moving work. The agency demanded $15 million in penalties—despite no known victim ever coming forward. And when company founder Aaron Steed spoke out, the government tried to impose a gag order to keep him quiet.

Now, the EEOC is refusing to disclose any information about the case under the Freedom of Information Act, citing vague “privacy” concerns. But Goldwater isn’t backing down.

Read Jon’s op-ed here.

Just Announced: Comedian Frank Caliendo to Appear at 2025 Goldwater Freedom Gala

Mark your calendar! On October 17, the Goldwater Institute will host its 2025 Freedom Gala at the Arizona Biltmore, and we’re excited to announce that comedian and master impressionist Frank Caliendo will be joining us for a night you won’t forget.

This year’s Gala brings together champions of liberty from across the country for an evening of celebration, purpose, and inspiration. Come honor the victories Goldwater has secured across all fifty states, connect with fellow freedom advocates, and be part of a movement empowering all Americans to live freer, happier lives.

We’re also honored to welcome Governor Glenn Youngkin as our keynote speaker. As the 74th Governor of Virginia, Governor Youngkin is a national leader in parental rights, common-sense governance, and principled leadership. His message—and Frank’s hilarity—are not to be missed!

Reserve your seat today.