This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].
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In the News
By Greg Piper
.....The threat to academic freedom from antiracism orthodoxy is expanding beyond one rural community college district to the entire California Community Colleges system, according to new filings in a professor's First Amendment retaliation and chilling-effects litigation.
Last month, Daymon Johnson joined his history colleagues Matthew Garrett and Erin Miller in suing Bakersfield College and the Kern Community College District for allegedly weaponized investigations into their roles in the Renegade Institute for Liberty, a right-leaning campus think tank with nearly two dozen "committed faculty."
A 30-year veteran of the Bakersfield school and a "Person of Color," Johnson took over as RIFL's faculty lead from its founder Garrett, who is now appealing his firing by KCCD in a secret board vote based on charges including the "dishonesty" of disagreeing with colleagues. Both are tenured.
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Congress
By Rand Paul
.....I introduced legislation called the Free Speech Protection Act, which will prohibit federal employees and contractors from using their positions to censor and otherwise attack speech protected by the First Amendment. My legislation will impose penalties for those that violate this rule, as well as empower private citizens to sue the government and executive branch officials for violating their First Amendment rights. Additionally, the bill will mandate frequent publicly accessible reports detailing the communications between an executive branch agency and media organizations, ensure that federal grant money is not used to label media organizations as sources of misinformation or disinformation, and terminates authorities that threaten free speech.
Under my Free Speech Protection Act, the government will no longer be able to cloak itself in secrecy to undermine the First Amendment rights of conservatives, libertarians, liberals, socialists, and all others who wish to exercise their right to free speech and engage in public discourse.
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The Courts
By Alexandra Alter and Elizabeth A. Harris
.....A group of booksellers, publishers and authors filed a lawsuit on Tuesday to stop a new law in Texas that would require stores to rate books based on sexual content, arguing the measure would violate their First Amendment rights and be all but impossible to implement.
The law, set to take effect in September, would force booksellers to evaluate and rate each title they sell to schools, as well as books they sold in the past. If they fail to comply, stores would be barred from doing business with schools…
The complaint, which was filed in the U.S. District Court for the Western District of Texas, argues that the law violates the First Amendment because it requires booksellers to label books with subjective and potentially polarizing ratings, categorizing them as “sexually explicit,” “sexually relevant” or “no rating.” (Movie ratings, by contrast, are voluntary.)
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Free Expression
By Eugene Volokh
.....So reports a new Pew Research poll; the view that "The U.S. government should take steps to restrict FALSE information online, even if it limits people from freely publishing or accessing information" polled at 37%-60% (i.e., mostly against) with Republicans, and 40%-57% with Democrats in 2018 (no statistically significant difference there), but now Republicans are 39%-59% against and Democrats are 70%-28% for. Unsurprising, it seems to me: People's views on the question likely depends on how much you trust the U.S. government's judgment of what is "false information," and Democrats today trust it more than do Republicans.
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By Lester Duhé
.....A non-partisan free speech organization is now getting involved in the case of an LSU graduate student accused of leaving a profanity-laced and what some have called a threatening voicemail to a Louisiana State Senator.
In a statement, the university said Marcus Venable will no longer be allowed to teach at the university, after allegedly leaving that voicemail to State Senator Michael Fesi for his vote to override the governor’s veto on House Bill 648.
Now, the Foundation for Individual Rights and Expression sent a four-page letter to LSU President William Tate, stating the grad student’s comments are protected by the First Amendment.
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Online Speech Platforms
By Yasmin Green
.....For the past five years, in partnership with universities in the U.S. and Europe, we at Jigsaw have researched a technique called “prebunking.” Building on the work of social psychologist William McGuire in the 1960s, prebunking aims to help people recognize and refute manipulative content before they encounter misleading claims. Prebunking requires a simple formula: a warning about future manipulation attempts; a microdose of the manipulation; and a thorough explanation of how that manipulation strategy works. Our applied research on the topic suggests that this simple formulation could scale online: 73 percent of individuals who watched a prebunking video were more likely to consistently spot misleading claims online and prebunking videos running as YouTube ads boosted recognition of manipulation techniques by 5 percent.
Prebunking may hold unique advantages to limiting the harms from covert influence campaigns in the new generative AI world. State actors including Russia and Iran will look for opportunities to use innovations in content generation to sow discord among foreign populations. The specific rhetorical tactics they use—among them scapegoating, fear mongering, or whataboutism—have long been deployed in information operations and will reappear consistently. Enabling individuals to spot these common manipulative techniques can help them avoid falling prey to these tactics, regardless of the specific claims made.
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The States
By Dana DiFilippo
.....The state’s election watchdog dismissed almost half its active investigations into reported campaign finance violations Tuesday, four months after state legislators passed a controversial new law critics warned would weaken election protections.
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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."
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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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