The Smithsonian Institution, often referred to simply as “the Smithsonian,” is the world’s largest museum and research complex. It began with a remarkable bequest from James Smithson, a British scientist who never visited the United States. First Amendment free speech lawsuit  His will, written in 1826, directed his estate to the U.S. government to create an institution “for the increase and diffusion of knowledge. Today, the Smithsonian is both a national treasure and a focal point for discussions about public access, government oversight, and constitutional rights like free speech.

Who Owns the Smithsonian?

A common question arises: Who owns the Smithsonian? The answer is unique. The Smithsonian Institution is not fully a government agency, nor is it a completely private organization. It is classified as a public trust, established by Congress in 1846 using Smithson’s endowment. While it is federally chartered and receives public funding—about two-thirds of its budget—its structure allows it to operate independently in many areas. Its Board of Regents includes members of Congress, the Chief Justice of the United States, and private citizens. This hybrid nature makes it a complex but fascinating example of a semi-public entity.

Smithsonian and the First Amendment

Recently, the Smithsonian has been at the center of a controversial First Amendment lawsuit involving free speech and religious expression. The case arose in 2023 when a group of students claimed they were removed from one of the Smithsonian museums for wearing hats with pro-life messages. The students alleged that their First Amendment rights were violated when they were told that their attire was “offensive” and were asked to leave.

The lawsuit has reignited debate over whether institutions like the Smithsonian, which are funded by taxpayers, can limit freedom of expression. Legal experts argue that because the Smithsonian is federally funded and situated on public land, it must uphold constitutional protections, including the First Amendment.

A Complex Balance of Interests

The Smithsonian must balance being an inclusive space for diverse visitors while preserving its mission and ensuring safety. Still, cases like this raise critical questions: Can a semi-public institution set its own speech policies? Or is it bound by the same constitutional obligations as fully public government entities?

In court, the Smithsonian argued that it aims to ensure a respectful, educational environment for all guests. However, critics say enforcing content-based restrictions on speech crosses into dangerous territory, particularly in museums that are meant to reflect the full spectrum of human thought and history.

Conclusion: Legacy and Responsibility

Understanding who owns the Smithsonian goes beyond legal definitions. It is ultimately owned by the American people—maintained through federal support, private donations, and the vision of a man who believed in the spread of knowledge. But with that ownership comes responsibility. As a steward of American history and culture, the Smithsonian must navigate the fine line between institutional policy and constitutional rights. The outcome of its recent free speech case could shape how museums across the U.S. handle expression and public engagement for years to come.