This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].
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New from the Institute for Free Speech
By Bradley A. Smith and Gary M. Lawkowski
.....On July 10th, the Institute for Free Speech submitted comments to the Federal Election Commission in support of Agenda Document 23-13-A that would make changes to the FEC’s processes in regards to litigation.
Read a PDF of the comments here.
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The Courts
By Kevin McGill
.....The Biden administration asked a federal appeals court Monday to temporarily block a lower court's order limiting executive branch officials' discussions with social media companies about controversial online posts.
The request for an emergency stay was filed at the 5th U.S. District Court of Appeals shortly after U.S. District Judge Terry Doughty rejected an administration motion that he put his own July 4 order on hold.
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By David Greene
.....So, while the court order is notable as the first to hold the government accountable for unconstitutional jawboning of social media platforms, and appropriately recognizes the First Amendment right of persons to receive information online free of unlawful government interference, it is not the serious examination of jawboning issues that is sorely needed. The court did not distinguish between unconstitutional and constitutional interactions or provide guideposts for distinguishing between them in the future.
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Congress
By Hans Nichols and Stef W. Kight
.....House Republicans are working on new legislation to prevent foreign nationals from influencing America’s political process, Axios has learned.
Why it matters: The last two presidential elections have been colored by allegations that foreign influence helped the GOP.
Now House Republicans are trying to flip to script and draw attention to foreign donations to Democrat-aligned and progressive nonprofit organizations...
Driving the news: Rep. Bryan Steil (R-Wis.) chair of the House Administration Committee, is introducing legislation to ban such groups from contributing to political committees for four years if they accept foreign donations. He also wants to bar foreign nationals from giving to state ballot initiatives...
“The American Confidence in Elections (ACE) Act will close loopholes that foreign nationals are exploiting to funnel money to super PACs or ballot initiatives,” he said.
His hearing will draw on a new report from a conservative group, the Americans for Public Trust, which tries to show how Hansjörg Wyss, a Swiss billionaire, has influenced U.S. elections and policy through two nonprofits he controls: The Wyss Foundation and the Berger Action Fund.
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By Rep. Bryan Steil
.....The final pillar of the bill is focused on protecting political speech. Many people have grown concerned that their First Amendment rights will be suppressed or that their beliefs will be weaponized against them. The ACE Act will permanently prohibit federal agencies, such as the IRS, from asking for nonprofit organizations’ donor lists, creating ad hoc standards, and applying them to ideologically opposed groups. This section of the bill will also bring greater transparency and accountability into the federal campaign finance system.
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By Aaron Blake
.....The House GOP’s effort to rip the lid off what it sees as the “weaponization” of the U.S. government hasn’t exactly gone well. The theories remain thinly constructed. The allegations have often gone well beyond the available evidence or even been contradicted by it. Conservative grumbling about the work product began early on.
The good news is that, to the extent that the House Judiciary Committee’s new “weaponization” subcommittee and Oversight Committee are intent on good-faith efforts to root out examples of the government being turned against political adversaries, there remain some great and still-unexplored targets dating back just a few years — from the Trump administration.
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Nonprofits
By Andrew Kerr and Joseph Simonson
.....This is the first of two reports based on internal Arabella documents obtained by the Washington Free Beacon. They provide a rare window into the inner workings of the Left’s dark-money network, revealing just how centrally controlled a vast swath of activist organizations are by a central clearinghouse based in the nation’s capital—as well as the lengths to which Arabella’s leaders go to disguise that control and create the illusion of grassroots political activism.
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Online Speech Platforms
By Will Oremus and Naomi Nix
.....In an interview with The Technology 202 on Tuesday, Meta President of Global Affairs Nick Clegg argued that keeping AI models “under lock and key” is misguided — and that the industry doesn’t need a special licensing regime. He said the “existential threats” supposedly posed by supersmart AI systems are far-off and hypothetical...
The interview came as Meta seeks to establish itself as a champion of open-source approaches to AI with regulators in key markets. This morning, the Financial Times published a Clegg op-ed calling for AI policy that prioritizes transparency, self-regulation and independent testing of AI models rather than government controls...
Clegg also addressed Instagram chief Adam Mosseri’s vision for Threads, Meta’s fast-growing new Twitter rival. Mosseri stirred debate on Friday by saying that, unlike Twitter, Meta won’t “do anything to encourage” discussions of hard news and politics on Threads. Asked if that means Meta plans to use its algorithms to filter out or reduce the distribution of political content, Clegg said that wasn’t his understanding.
“Are we going to suppress and censor anyone who wants to talk about politics and current affairs? Of course not,” Clegg said. “That would be absurd.” But he said the company probably wouldn’t go out of its way to “massively boost” news on Threads or create a special tab for it in the app, which he said would be “not in line with the kind of friendly, respectful, fun ethos” that has attracted users to Threads so far.
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Candidates and Campaigns
By Kevin Breuninger
.....Republican presidential candidate Vivek Ramaswamy is adding a novel incentive to his grassroots fundraising operation: paying supporters back a chunk of what they raise for his campaign…
The campaign says the program, called “Vivek’s Kitchen Cabinet,” will give supporters a 10% commission of the total they raise for Ramaswamy’s White House bid. Participants will get a unique fundraising link to share to prospective donors, and they will be able to track their efforts through a “personal dashboard,” according to the campaign.
The campaign also promises “special awards,” such as a personal call with the candidate and invites to events.
Those who sign up for the program are told they will be contacted by a third-party background checking agency to ensure eligibility.
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By Jessica Piper
.....Want free money? You’re in luck. GOP presidential candidate Doug Burgum has a gift card for you.
The North Dakota governor’s presidential campaign is offering $20 cards to donors who give his campaign as little as $1. It’s a bold and expensive fundraising tactic designed squarely to allow him to hit the donor threshold to qualify for the debate stage — while also raising a new set of legal questions.
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By Cat Zakrzewski
.....A bipartisan group of tech critics on Tuesday morning launched the “No Big Tech Money” pledge, an effort to curb Silicon Valley’s influence over 2024 candidates…
The organizers want to draw attention to the influence that large tech companies have over the U.S. economy and political processes.
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The States
By Eugene Volokh
.....From DeHart v. Tofte, decided Thursday by the Oregon Court of Appeals (Judges Douglas Tookey, Jacqueline Kamins, and Erika Hadlock):
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The Institute for Free Speech is a nonpartisan, nonprofit 501(c)(3) organization that promotes and defends the political rights to free speech, press, assembly, and petition guaranteed by the First Amendment. Please support the Institute's mission by clicking here. For further information, visit www.ifs.org.
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