The Latest News from the Institute for Free Speech July 14, 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]. Congress Politico (Influence): Lawmakers introduce bill to close Wynn FARA loophole By Caitlin Oprysko .....More than a dozen lawmakers on both sides of the aisle are throwing their support behind a new bill aiming to close the loophole that blocked the Justice Department from forcing casino magnate Steve Wynn to register as a foreign agent of the Chinese government last fall. The bipartisan heads of the House Select Committee on China, Mike Gallagher (R-Wis.) and Raja Krishnamoorthi (D-Ill.), are spearheading the effort, which has a companion bill in the Senate backed by Sens. Chuck Grassley (R-Iowa) and Gary Peters (D-Mich.). The Retroactive Foreign Agents Registration Act would specify that agents of a foreign principal have a continuing obligation to register under FARA, even when that work has ended. That technicality stems from long-standing appeals court precedent on ambiguity in the World War II-era FARA statute, and was central to U.S. District Court Judge James Boasberg’s decision to dismiss the Wynn case in October, even as Boasberg expressed reservations with the ruling. The decision swiftly sparked concern among FARA experts and lawmakers over its ramifications on tracking foreign influence efforts. While DOJ has appealed the dismissal, counterintelligence chief Jay Bratt told FARA practitioners last year that a legislative fix might be necessary to avoid neutering the statute. People United for Privacy: The AMICUS Act is an Assault on First Amendment Rights .....On July 13 at 10 AM ET, the Senate Judiciary Committee will convene for an Executive Business Meeting. On the agenda is S. 359, Senator Sheldon Whitehouse’s “Supreme Court Ethics, Recusal, and Transparency Act of 2023,” which contains a proposal to force nonprofits to expose their major donors when filing an amicus brief in federal court. People United for Privacy has written before about the damaging impact this proposal, known as the AMICUS Act, would have on Americans’ privacy and free speech rights. Yet while the debate about ethics requirements at the Supreme Court has been well-documented, the AMICUS Act’s attack on the First Amendment has largely flown under the radar. The AMICUS Act is yet another attempt by Senator Whitehouse to silence certain organizations he disagrees with, but the entire nonprofit community would be harmed by the bill’s extreme mandates. The proposal would force any nonprofit that files just one amicus brief in federal court per year to disclose the identity of donors giving over $100,000 or 3% or more of gross annual revenue in the prior calendar year in the text of the brief. This demand is unprecedented and would impact nonprofits of all stripes – and their supporters – indiscriminately with likely devastating results. Rep. Brian Fitzpatrick: Fitzpatrick, Golden Introduce Bipartisan Legislation to Protect American Elections from Foreign Money .....Congressman Brian Fitzpatrick (PA-01) and Congressman Jared Golden (ME-02) introduced the Keeping Foreign Money out of Ballot Measures Act to prohibit foreign nationals from making political contributions related to State ballot measures and initiatives. Rep. Adam Schiff: Rep. Schiff, Sens. Luján and Klobuchar Write to FEC Disapproving Decision to Reject Public Comment Request on Use of AI in Campaign Ads .....Today, Representative Adam Schiff (D-Calif.) and Senators Ben Ray Luján (D-N.M.) and Amy Klobuchar (D-Minn.) sent a letter to the Federal Election Commission (FEC) expressing their disapproval of the recent decision to not seek public comment on a petition by Public Citizen requesting that the FEC clarify that the existing law against “fraudulent misrepresentation” in campaign ads extends to the use of deceptive AI in ads. The letter urges the FEC to reconsider their decision and seek comment from the public on whether this request should move forward in the rulemaking process. FEC Roll Call: Group pushing FEC on deepfake ads submitting new petition By Daniela Altimari .....Less than three weeks after the Federal Election Commission deadlocked on a request to develop regulations governing so-called deepfake political ads generated using artificial intelligence tools, a non-partisan advocacy group pushing for the new rules is trying again. Public Citizen will submit a petition to the commission Thursday seeking regulations regarding deliberately misleading campaign communications generated through the use of artificial intelligence. Federal Election Commission: FEC approves advisory opinion, procedure concerning litigation .....Proposed Agency Procedure Regarding Litigation Brought Pursuant to 52 U.S.C. § 30109(a)(8) The Commission approved, with a delayed implementation of 30 days, an agency procedure regarding litigation under a provision of the Act that provides a cause for action for “any party aggrieved by an order of the Commission dismissing a complaint filed by such party… or by a failure of the Commission to act on such complaint.” The procedure provides that in any case where the Commission does not agree, by four or more affirmative votes, to defend an action brought under 52 U.S.C. § 30109(a)(8) alleging a failure of the Commission to act, or where the lack of a quorum prevents Commission action, the Office of General Counsel will 1) apprise the court that the Commission has not voted to defend the action, 2) inform the U.S. Assistant Attorney General for the Civil Division that the Commission has not voted to defend the action, and 3) file, under seal, a copy of each vote certification, subject to appropriate redactions, concerning the underlying administrative complaint giving rise to the lawsuit at issue. The Commission received two comments on the proposal. Ed. note: The Institute for Free Speech submitted a comment on the proposal. Read it here. Free Expression Washington Post: Wisconsin teacher fired after criticizing district’s ‘Rainbowland’ ban By María Luisa Paúl .....A teacher was fired Wednesday by the Waukesha, Wis., school board after she publicly criticized school administrators’ decision to prohibit her first-grade class from singing a song about rainbows earlier this year. After a nearly four-hour-long hearing, the nine-member board unanimously voted to terminate the contract of Melissa Tempel, a dual-language teacher at Heyer Elementary School. In March, Tempel tweeted about her frustration with administrators who nixed the Dolly Parton and Miley Cyrus song “Rainbowland,” which describes a utopia “where we’re free to be exactly who we are,” after finding it violated the district’s “controversial issues” policy. The policy, which was revised last year, defines a controversial issue as anything that “may be the subject of intense public argument, disagreement or disapproval,” “may have political, social or personal impacts” or “is likely to arouse both support and opposition in the community.” Online Speech Platforms Washington Post: Far right Twitter influencers first on Elon Musk’s monetization scheme By Taylor Lorenz .....On Thursday Twitter announced that it would begin sharing ad revenue with content creators on its platform for the first time. But the offer won’t apply to all creators. The first beneficiaries appear to be string of high profile far right influencers who tweeted before the announcement how much they’ve earned as part of the program. Candidates and Campaigns Bloomberg News (via GovTech): How AI Is Making Politics Easier, Cheaper, More Dangerous By Emily Birnbaum and Laura Davison, Bloomberg News .....Put to its best use, AI could improve political communications. For instance, upstart campaigns with little cash could use the technology to inexpensively produce campaign materials with fewer staff. Some political consultants that traditionally work only with presidential and Senate campaigns are making plans to work with smaller campaigns using AI to offer more services at a lower price point... In the best case, AI could make U.S. political campaigns “a lot cheaper,” said Martin Kurucz, the chief executive of Sterling Data Company, which works with Democrats. The technology is already used to help write first drafts of speeches and op-eds, create ads, draw up lobbying campaigns and more, according to lobbyists, campaign and congressional staffers and political consultants... On Capitol Hill, the House Chief Administrative Officer’s digital services office in April handed out 40 licenses for ChatGPT Plus, which House offices have used to help write emails, research briefs and even draft legislation. Writing full bills is still too complicated a task for generative AI. The House last month created new rules curtailing the use of ChatGPT in Congress, clarifying that staffers cannot put confidential information into the chatbot. Ed. note: Read the original Bloomberg News story here. Washington Post: AI could wreak havoc on elections. Congress can get ahead of it. By Editorial Board .....Political ads have never been known for accurately portraying the candidate’s opponent — and now artificial intelligence threatens to make misrepresentation more realistic than ever. Rather than waiting for AI to cause chaos in the 2024 election, regulators, lawmakers and political parties should act now. The States AP News: Arizona Democrats file complaint against No Labels over donor secrecy By Jonathan J. Cooper .....The Arizona Democratic Party is looking to force new political party No Labels to disclose its donors or lose its status as a political party, an escalation of Democrats’ efforts to block a group they worry will boost Donald Trump’s chances of returning to the White House. Arizona Democrats filed a complaint Thursday with Secretary of State Adrian Fontes, a Democrat who angered some in his party earlier this year when he formally recognized No Labels as a political party in the state. The complaint asks Fontes to suspend the nascent party until it discloses its donors. Cato: The Same First Amendment That Protects Lorie Smith Protects the Target Corporation By Walter Olson .....Seven conservative state attorneys general led by Indiana’s Todd Rokita have sent a letter to the chairman and CEO of the Target Corporation, Brian Cornell, threatening ill‐​specified legal action because of the retailer’s sale of Pride merchandise including t‑shirts, onesies and other children’s apparel, as well as its financial support of the private advocacy group GLSEN (Gay, Lesbian, and Straight Education Network). The letter is an effort to chill the retailer’s liberty to engage in conduct protected by the First Amendment to the Constitution; beyond that, much of it is based on false, incoherent, or simply missing legal analysis. Politico (Massachusetts Playbook): ChatGPT enters the legislative chat By Kelly Garrity and Lisa Kashinsky .....Beacon Hill is wading into the artificial intelligence debate today as lawmakers hear testimony on a bill to regulate generative AI models. The bill’s co-author? ChatGPT. Proposed by state Sen. Barry Finegold, “An Act drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT” would require companies to disclose their algorithms and data collection practices to the attorney general’s office, run regular risk assessments and program in a watermark to help prevent plagiarism. To prepare for the hearing, Playbook asked the bot behind the bill to weigh its pros and cons. We fed the text of Finegold’s bill into ChatGPT and asked it to draft arguments to present to state lawmakers. Here’s some of what it spit out: Read an article you think we would be interested in? Send it to Tiffany Donnelly at [email protected]. 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