The Latest News from the Institute for Free Speech April 19, 2023 Click here to subscribe to the Daily Media Update. This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected]. In the News Business Cents Radio: Issues that Matter with Edward King- This week Del Kolde- Institute for Free Speech Senior Attorney .....Institute for Free Speech Senior Attorney Del Kolde is interviewed about the recent victory in Mama Bears v. Forsyth County Schools. ABC 4 News: Alan Wilson leads amicus brief on parental speech debate in Florida By Winston Rogers .....Attorney General Alan Wilson along nine other attorneys general have signed a letter supporting a Moms for Liberty lawsuit involving a Florida school district, arguing that policy by the district hinders free speech by parents. The amicus brief, which is lead by AG Wilson, shows support for Mom's for Liberty - Brevard County in a lawsuit they filed against the Brevard Public Schools district over a new policy that would place speaking restrictions on parental speech during board meetings. “Instead of being silenced, parents should absolutely have the opportunity and protection to speak at school board meetings or public forums. In fact, they should be encouraged to participate,” said AG Wilson in a statement... According to a release, the nine attorneys general argue that the policy would limit free speech for members of the conservative non-profit and other similar groups if the board deemed them offensive. In addition to SC, attorneys general from Alaska, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, and Texas joined the brief. Ed. note: Learn more about our case, Moms for Liberty - Brevard County, Fl., et al. v. Brevard Public Schools, et al., here. New from the Institute for Free Speech Does the First Amendment Allow a Government Official to Make Threats Like a Mob Boss? By Barnaby Zall .....What would you do if a powerful government regulator “suggested” you drop one of your customers because she didn’t like the customer’s political speech? What if she pointed out that lots of your “responsible” competitors had cut off that customer already, and that she had just levied millions of dollars in fines against three competitors who failed to follow her “advice?” And what if you were that disliked customer, a well-known and controversial advocacy group? Can a government official choke off your access to banks and insurance companies because she didn’t like your politics? Does punishing regulated companies because they do business with the government’s political foes violate the First Amendment? The Supreme Court has just been asked that question, and the question is important enough that 18 states just urged the Court to consider it, citing “troubling allegations of governmental abuse of power.” This scenario becomes more believable when you learn it involves the National Rifle Association and Maria Vullo, formerly the New York State Superintendent of Financial Services, who regulated banks and insurance companies. Her boss, then-Governor Andrew Cuomo, tweeted: “If I could have put the @NRA out of business, I would have done it 20 years ago. I’ll see you in court.” But the First Amendment protects the NRA’s controversial speech and its members’ association with it, so Cuomo couldn’t put the group “out of business” for its views. Supreme Court SCOTUSblog: Colorado man’s First Amendment challenge will test the scope of protection for threatening speech By Amy Howe .....There is no dispute that the Facebook messages Billy Raymond Counterman sent to local Colorado musician Coles Whalen made her feel afraid. For years, Counterman sent increasingly menacing messages in which he suggested that he had seen Whalen – who is identified only by her initials in court documents, but who has discussed the case on her website – while driving and made comments such as “Die” and “Fuck off permanently.” Whalen told a family member that she was “extremely scared” after receiving these messages. She canceled appearances and her mental health declined. In 2017, Counterman was convicted and sentenced to four-and-a-half years in prison for stalking. On Wednesday the Supreme Court will take up Counterman’s appeal to consider how courts should determine what constitutes “true threats,” which are statements not protected by the First Amendment. Should they use an objective test, that looks at whether a reasonable person would regard the statement as a threat of violence? Or should they instead use a subjective test, that requires prosecutors to show that the speaker intended to make a threat? SCOTUSblog: Washington family counselor challenges state’s ban on conversion therapy By Kalvis Golde .....Conversion therapy, the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling, is outlawed or heavily restricted in roughly half of the country. This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. The Courts Politico: Why Fox News had to settle the Dominion suit By Ankush Khardori .....One of the year’s most hotly anticipated trials reached a stunning conclusion before it even began. Poised to face off in the courtroom this afternoon, with jury selection complete, Dominion Voting Systems and Fox News instead reached a settlement. The last-minute agreement makes clear just how sticky a situation Fox was headed for if the trial did occur. Lawyers for Dominion announced that Fox News (and parent company Fox Corporation) had agreed to settle the case for $787.5 million — less than half of Dominion’s claim for $1.6 billion in damages but nevertheless a historic rebuke for the influential conservative media outlet. Congress Congressman Mike Gallagher: Gallagher, Kilmer Introduce Bipartisan, Bicameral Legislation to Bring Transparency and Accountability to Online Political Ads .....Rep. Mike Gallagher (WI-08) and Rep. Derek Kilmer (WA-06) reintroduced the Honest Ads Act to prevent foreign interference in future elections and improve the transparency of online political advertisements. The bill would ensure online political advertisements are better monitored by the Federal Election Commission (FEC) and would enable the FEC to enact rules for online advertisement like those in place for television, radio, and satellite ads, with the goal of making clear to the American public who is funding these online ads and to inhibit foreign actors from purchasing them. Fundraising Washington Post: How megadonors circumvent laws to give huge checks to politicians By David Byler .....The corrupting influence of big political donors has become a rare area of bipartisan agreement. Fifty-five percent of Republicans and 63 percent of Democrats say “reducing the influence of money in politics” should be a top concern for Congress. But that’s not stopping America’s megadonors. In fact, wealthy contributors have been increasingly pumping cash into the political system — circumventing campaign finance laws in doing so... One big reason for this has been an innovation known as “joint fundraising committees.” Both parties use them. And their influence is growing... Fred Wertheimer, the president of the reform group Democracy 21, says simple changes could improve the system. One example: Congress could cap the number of committees that can fundraise together. If a joint fundraising committee included just two groups, the maximum contribution would stay low, and rich donors would have one less option to get into the pockets of politicians. Wertheimer also advocates for overhauling the Federal Election Commission to increase its enforcement capabilities by streamlining its operations and bulking up its staff. The States Florida Politics: Former Republican U.S. Rep. Trey Radel rallies conservative media against defamation bill By Jacob Ogles .....Could conservative media pundits come together to trash a defamation bill championed by Gov. Ron DeSantis? Former U.S. Rep. Trey Radel, now the host of a 92.5 Fox News radio show in Southwest Florida, said they should. He’s working the phone lines, making the case that conservatives in his business will face a significant threat to their livelihood should the bill become law. “Trial lawyers will have a field day with this,” Radel said. “And who do you think they will drag into court first? It’s center-right media.” Radel is trying to rally prominent conservative media figures, both those engaged in Florida coverage and those based in the state who have a national platform. He has drafted a letter to Florida lawmakers and hopes to get as many conservative media voices to sign on as possible. Indiana Capital Chronicle: Donor privacy or secrecy? Nonprofit disclosure bill nears law By Leslie Bonilla Muñiz .....Indiana’s state and local governments wouldn’t be able to require or publicly disclose nonprofit donor data under a proposal that is nearing law. Lawmakers and philanthropic organizations have said it protects donor privacy, which can be critical in securing donations... House Bill 1212 would block all levels of Hoosier government from forcing nonprofits to hand over “personal information” — defined as any compilation of data identifying nonprofit members, supporters, volunteers or donors. It would additionally ban the public release of that information. And it would bar government agencies from requiring — or requesting — that their contractors or grantees provide lists of nonprofits they’ve supported, financially or not... “Speaking with our members, it’s clear that donor privacy is one of the basic things that they’re asked when consulting with donors,” said Claudia Cummings, the president and CEO of the Indiana Philanthropy Alliance. Read an article you think we would be interested in? Send it to Tiffany Donnelly at [email protected]. For email filters, the subject of this email will always begin with "Institute for Free Speech Media Update." The Institute for Free Speech is a nonpartisan, nonprofit 501(c)(3) organization that promotes and defends the First Amendment rights to freely speak, assemble, publish, and petition the government. Please support the Institute's mission by clicking here. For further information, visit www.ifs.org. Follow the Institute for Free Speech ‌ ‌ ‌ The Institute for Free Speech | 1150 Connecticut Ave., NW, Suite 801, Washington, DC 20036 Unsubscribe [email protected] Update Profile | Constant Contact Data Notice Sent by [email protected]