The Latest News from the Institute for Free Speech July 20, 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]. Supreme Court National Review: The Limits of 303 Creative By Charles C.W. Cooke .....Private citizens ought to enjoy wide latitude to dissent from the opinions of the government, and, in some cases, from the laws that it passes, too. Public servants ought not to enjoy those things — at least not in their official capacities. At the edges, there is some room to accommodate publicly employed dissenters when doing so does not substantially burden the government. (See, for example, the recent case of Groff v. DeJoy.) But, after a certain point, if you want to work for the government — especially as a judge — you must agree to follow the laws that that government is obliged to uphold. As private citizens, Americans enjoy the unalienable right to free speech. If they become public employees, those same Americans necessarily consent to the curtailment of some of those rights. I do not want to see Joe Biden refusing to enforce Congress’s will because he feels that to do so would violate his conscience. The Courts Federal Election Commission: District Court issues opinion in Heritage Action for America v. FEC, et al. .....The U.S. District Court for the District of Columbia on Monday issued a Memorandum Opinion and Order in Heritage Action for America v. FEC, et al. (Case No. 22-1422), ordering that summary judgment be entered in favor of the Plaintiff. Reason (Volokh Conspiracy): First Amendment Claim of Professor Fired Over Article Claiming Race-Based Genetic IQ Differences Can Go Forward, Rules a Federal Judge By Eugene Volokh .....From Judge Dan Aaron Polster's decision Friday in Pesta v. Cleveland State Univ. (N.D. Ohio): FEC The Hill: How an FEC deadlock is deterring a push to regulate AI in campaigns By Rebecca Klar .....The FEC is facing a second request — backed by Democrats in the House and Senate — to clarify that its law on fraudulent misrepresentation applies to use of AI... During a meeting in June, Republican FEC Commissioners Allen Dickerson, Sean Cooksey and James Trainor III voted to reject Public Citizen’s first petition. The deadlock between three GOP commissioners and three Democratic commissioners — Chairwoman Dara Lindenbaum, Shana Broussard and Ellen Weintraub — blocked it from going forward. Dickerson said during the meeting that while he supported an FEC request to expand the commission’s authority, “The only fraud we’re entitled to police is where an agent of one candidate pretends to be the agent of another, or where a person raises funds by fraudulently claiming to be acting on behalf of the campaign with which he or she is unaffiliated.” “Public Citizen directed its efforts to the wrong component of the government. Instead of coming to us, they should take this up with Congress. I wish it luck,” he added. Even Lindenbaum, who voted in support of the petition, questioned the panel’s ability to take further action beyond hearing public comment. “I also share Commissioner Dickerson’s concerns about whether or not we have any jurisdiction here or the power to do it. I am skeptical that we do, but during the process I hope that we get some … ideas that may help us or help Congress,” Lindenbaum said. Congress Washington Post (Technology 202): Senators look to tuck AI, social media into huge defense bill By Cristiano Lima .....As the Senate ramps up its consideration of a sprawling defense bill this week, lawmakers are readying a flurry of bills on artificial intelligence, social media oversight and other prominent tech issues that they are hoping can hitch a ride on the package... We sifted through hundreds of amendments and checked in with congressional aides, advocates and industry figures to find out what potential changes they are keeping tabs on as the Senate begins consideration of the package. Here’s what we found: … Sen. Michael Bennet (D-Colo.) is pushing to include his bill to create an AI task force to “assess the privacy, civil rights, and civil liberties implications” of the technology. Sen. Mark Warner (D-Va.) is proposing requiring the Defense Department issue annual reports to Congress detailing how much it is investing in AI and how... Sen. Marco Rubio (R-Fla.) is calling for creating a joint U.S.-Israeli center to boost AI development to counter foreign countries “of concern” such as China and Iran... Rubio and Sen. Josh Hawley (R-Mo.) have each introduced amendments mirroring their bills to ban TikTok for consumers throughout the United States... Sen. Rand Paul (R-Ky.) is calling for including language that would bar funding from the bill being used to “direct, coerce, or compel the content moderation decisions” by platforms aimed at “suppressing” speech or labeling it as “misinformation.” Free Expression Nashville Tennessean: Americans love the First Amendment, but don't fully understand it, new report shows By Angele Latham .....Americans deeply value their First Amendment rights, but lack agreement — and in many cases, understanding — of where their rights should apply, a new report released Wednesday found. The annual “First Amendment: Where America Stands” report by the Freedom Forum, a nonprofit, nonpartisan organization that works to promote First Amendment education and awareness, surveyed 801 respondents across the country in early March. The 2023 report marks the 25th conducted by the Freedom Forum. Despite various fluctuations in opinions on the First Amendment, one thing stands clear, according to Kevin Goldberg, a First Amendment specialist at the Freedom Forum. Americans love the First Amendment, even if they don’t fully get it, he said. The New York Review: Keeping Speech Robust and Free By Jeffrey Toobin .....It’s a fitting time, then, to take a fresh look at Sullivan—how it came about and what it means today. In Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan, Samantha Barbas, a professor at the University of Buffalo School of Law, tells the improbable story of the advertisement that gave rise to the case and the decision that Justice William J. Brennan ultimately wrote. It’s a tale that has been told before—notably in books by Anthony Lewis and Aimee Edmondson—but Barbas has a distinctive and relevant argument. Candidates and Campaigns AP News: British political candidate uses artificial intelligence to draw up election manifesto By Kelvin Chan .....British voters face a crowded field of 13 candidates in an upcoming special election for a Parliament seat. One, independent Andrew Gray, used artificial intelligence to come up with campaign promises that he says reflect what residents want. Gray, who says he has no policies of his own, crowdsourced constituents’ sentiments and used machine learning to come up with his political manifesto. He calls the technology a faster and fairer way for politicians to widely reflect views of the people they represent. The States IndyStar: Breaking a nondisclosure agreement from Todd Rokita's office could cost employees $25,000 By Johnny Magdaleno .....Indiana Attorney General Todd Rokita’s employees are signing nondisclosure agreements that could cost them $25,000 if they share personal information about the AG — an unusual policy for state office and one that sets him apart from almost all other attorneys general in the country. The contract, which IndyStar obtained through a public records request, gives Rokita and his staff the power to decide what information counts as confidential. It covers “personal or private information” about the attorney general, his employees and their families. State offices here and dozens of other states' attorney general offices told IndyStar they don't have their employees sign contracts like this. Rokita's office stands by it, however, and says its employees "understand this requirement" before they agree to work there. The contract doesn't prevent employees from reporting unlawful behavior to state or federal authorities. But multiple experts who reviewed a copy said it raises concerns about constraints on free speech as well as the public’s right to know what goes on in the offices of elected officials. Associated Press: ACLU of West Virginia sues county commissioner for blocking constituent on Facebook By Leah Willingham .....The American Civil Liberties Union of West Virginia is suing a county commissioner in the state’s eastern panhandle for blocking a constituent on social media. The lawsuit filed Friday in Jefferson County Circuit Court alleges Jefferson County Commissioner Steve Stolipher violated Harpers Ferry resident Christy Stadig’s First Amendment rights when he blocked her from his Facebook page in May 2022. Stadig said she was blocked after she commented on a post of Stolipher’s with questions about a county financial audit. Stadig later confronted Stolipher publicly at a Jefferson County Republican Executive Committee meeting to ask to be unblocked. 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 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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