May 24, 2023

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This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].

In the News

The Oklahoman: Free speech threatened if legislators override veto

By David Keating

.....Oklahomans should be proud that their state has some of the strongest safeguards against frivolous defamation lawsuits in the nation — safeguards that help protect our First Amendment rights.

Sadly, that may soon change.

A bill that could soon become law, House Bill 1236, would undermine the Oklahoma Citizens Protection Act (OCPA).

New from the Institute for Free Speech

Charles Miller Joins the Institute for Free Speech as Senior Attorney

.....The Institute for Free Speech is excited to announce that Charles “Chip” Miller has joined the Institute as a Senior Attorney. His deep commitment to free expression and accomplished background makes him a great addition to our legal team in defending First Amendment freedoms.

“We are pleased to welcome Chip Miller to the Institute for Free Speech. His outstanding experience as an appellate judge and private sector and government litigator make him a valuable addition to our team,” said Institute for Free Speech President David Keating.

“Both the right to speak, and the right to listen, are under assault. The expression of unpopular ideas and even factual truths is sometimes labeled as ‘violence,’” Miller said. “I am honored to join the Institute for Free Speech in protecting the realm of ideas. It is only through open and honest communication with one another that the American ideal can prosper.”

The Courts

Reason (Volokh Conspiracy): First Amendment Challenge to Discipline of 8th-Grader for "Racially Insensitive" Instagram Post Can Go Forward

By Eugene Volokh

.....From R.H. v. Borough of Sayreville Bd. of Ed., decided May 12 by Judge Zahid Quraishi (D.N.J.):

Wiley: Wiley Files Amicus Brief in Case Implicating the First Amendment Rights of Businesses

.....On behalf of the U.S. Chamber of Commerce and the Consumer Brands Association (CBA), Wiley Rein LLP submitted an amicus brief with the District of Columbia Court of Appeals in a case implicating the First Amendment rights of businesses to discuss issues of public concern, including environmental, social, and governance topics.

Bloomberg News: Florida Drag Ban Tramples Free Speech, Hamburger Chain Says

By Erik Larson

.....A hamburger chain that says it regularly hosts family friendly drag shows sued Florida Governor Ron DeSantis, claiming a new state law banning such performances when children may be present chills artistic expression in violation of the First Amendment.

The Hamburger Mary’s outpost in Orlando, which has long hosted drag shows appealing to the LGBTQ and straight communities, said in a complaint filed Monday that Florida’s government didn’t demonstrate a “compelling interest” in protecting children from such performances.

“Even if the state could identify a compelling interest, this law is far from narrowly tailored,” the restaurant’s lawyers said in ...

Congress

U.S. Senator Bill Hagerty: Hagerty, Colleagues Reintroduce Legislation To End Government Collusion With Big Tech To Censor Americans' Speech

.....United States Senator Bill Hagerty (R-TN), along with Senators Marco Rubio (R-FL), Mike Rounds (R-SD), Ron Johnson (R-WI), Roger Marshall (R-KS), and Cynthia Lummis (R-WY), today reintroduced the Disclose Government Censorship Act, which seeks to end government-directed speech suppression and viewpoint censorship by requiring basic transparency regarding when Americans’ government is attempting to control what they can say or read. The Act contains appropriate exceptions to protect legitimate law enforcement or national security activity. It also places restrictions on the revolving door between government and Big Tech, which fuels much of the close coordination on censorship.

The States

Reason (Volokh Conspiracy): Preliminary Injunction Against "Disparag[ing]" or "Frivolous" Claims About School Board or Employees …

By Eugene Volokh

.....From Livingston Parish School Bd. v. Kellett, decided Thursday by the Louisiana Court of Appeal (Judge Allison Penzato, joined by Judges Duke Welch & Walter Lanier):

New York Post: Brooklyn pol Inna Vernikov claims Russian radio mogul tried ‘extorting’ her for $30K in political ads

By Rich Calder

.....[Brooklyn Councilwoman Inna] Vernikov showed a reporter complaints she filed with the city’s Campaign Finance Board accusing Kazatsker of illegally relying on “straw donors” to help qualify for public matching funds and also scoring many free ads on WSNR that he didn’t document as donations in campaign filings.

The Brooklyn District Attorney’s Office and city’s Department of Investigation were separately asked by Vernikov to investigate the allegations of straw donors as a criminal matter.

The CFB, DOI and Brooklyn DA were provided sworn affidavits from three people who are documented in Kazatsker’s campaign filings as each giving a $10 cash donation. However, the trio said under oath that they never gave a cent to the campaign.

“Straw donors” would help Kazatsker meet a threshold to qualify for a lucrative program that pays candidates a 8:1 taxpayer-funded match on all small donations up to $175.

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