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

Forbes: The New Jersey Legislature Adopts UPEPA

By Jay Adkisson

.....The New Jersey legislature has adopted the Uniform Public Expression Protection Act (UPEPA) on June 27, 2023, as Senate Bill 2802 which you can read here. Signing by the New Jersey Governor is expected shortly, and the Act goes into effect 30 days after that. As will all UPEPA enactments, there are some local quirks that shall be described below (known as "non-uniform amendments"), but generally the New Jersey UPEPA is relatively clean of such amendments. Adoption of the UPEPA gives New Jersey one of the strongest Anti-SLAPP acts in the world.

New Jersey's adoption of the UPEPA also marks a milestone for free speech. According to David Keating of the Institute for Free Speech, when S.B. 2802 becomes law, "a majority of the nation's population will live in a jurisdiction with a relatively strong anti-SLAPP law – meaning a grade of “B” or better in our report card. Nearly 80% of the population would live in jurisdictions with anti-SLAPP laws."

.....The Fifth Circuit Court of Appeals recently issued a devastating ruling on the First Amendment right to assemble. The court allowed a lawsuit to proceed against Black Lives Matter leader DeRay Mckesson for allegedly “negligently” organizing a protest.

FIRE: Attorneys have free speech rights. I’m suing to prove it.

By Zach Greenberg

.....What are the rights of those who defend our rights? Do lawyers surrender their First Amendment freedoms when they pass the bar? When does zealous advocacy turn into harassment or discrimination? 

For the first time, a federal appellate court will rule on the clash between the First Amendment and a new spate of restrictive ethical rules for attorneys advanced by the American Bar Association. The U.S. Court of Appeals for the Third Circuit will decide whether Pennsylvania’s revised Rule of Professional Conduct 8.4(g), designed to address harassment and discrimination in the legal profession, is a paternalistic speech code or a necessary restraint on attorney misconduct. 

WTVO: Pritzker signs law banning pro-life pregnancy centers from using ‘misinformation’; Rockford group joins suit

.....On Thursday, Pritzker signed SB1909, the Deceptive Practices of Limited Services Pregnancy Centers Act, which bars “so-called ‘crisis pregnancy centers’ from using misinformation, deceptive practices, or misrepresentation in order to interfere with access to abortion services or emergency contraception.” ...

The suit, NIFLA v Raoul, was filed in the U.S. District Court for the Northern District of Illinois, Western Division.

Reason (Volokh Conspiracy): Lawsuit Over Firing of Sports Show Host for Tweeting "ALL LIVES MATTER…EVERY SINGLE ONE" Can Go Forward

.....Though the First Amendment generally limits only actions by the government, many states have statutes that limit even private employers' ability to fire employees for their political activities (see this article for more details); some of them broadly cover ideological advocacy, and not just election-related activities:

Rep. Adam Schiff: Rep. Schiff Introduces Landmark Bill to Strengthen and Protect Our Democracy

.....Today, Rep. Adam Schiff (D-Calif.) reintroduced the Protecting Our Democracy Act, his landmark legislative package to strengthen the guardrails of our democracy against presidents or other officials who seek to abuse their power for personal gain. This Schiff-led comprehensive reform package is a key pillar of the Democrats’ Democracy agenda – an effort to protect, support, and restore faith in our democratic institutions – and is a key complement to the Freedom to Vote Act, which was reintroduced last week…

“The Protecting Our Democracy Act would strengthen voting rights, keep foreign money out of our elections, and prevent Trump-style abuses of the pardon power. These reforms would restore important checks and balances vital to American democracy. The legislation would also strengthen protections afforded to federal whistleblowers who play a crucial role in Congress’s oversight function by speaking out and exposing wrongdoing or corruption, often at great personal and professional risk,” said Rep. Raskin, Ranking Member of the House Oversight Committee.

Sen. Jon Tester: Shutting the Revolving Door of Lobbyist Influence in Washington is Aim of Tester’s Legislation

.....As a part of his long-standing efforts to increase transparency and accountability in Congress, U.S. Senator Jon Tester will reintroduce legislation today to shut the revolving door in Washington by banning Members of Congress from ever becoming lobbyists. 

Techdirt: Influencers Starting To Realize How The Kids Online Safety Act (KOSA) Will Do Real Damage

.....A friend pointed me to a TikTok influencer, pearlmania500 (aka Alex Pearlman), with about two million followers, who has posted a fun little anti-KOSA rant, pointing out just how dangerous KOSA is…

Washington Examiner: Supreme Court 'ethics' group likely failed to disclose lobbying, experts say

.....A Supreme Court advocacy group alleging ethics violations among justices including Clarence Thomas and Samuel Alito likely failed to disclose its own apparent lobbying in violation of federal law, according to experts.

Wall Street Journal: Facebook Bowed to White House Pressure, Removed Covid Posts

.....Facebook removed content related to Covid-19 in response to pressure from the Biden administration, including posts claiming the virus was man-made, according to internal company communications viewed by The Wall Street Journal.

Washington Post: Changing Facebook’s algorithm won’t fix polarization, new study finds

By Naomi Nix, Carolyn Y. Johnson and Cat Zakrzewski

.....For years, regulators and activists have worried that social media companies’ algorithms were dividing the United States with politically toxic posts and conspiracies. The concern was so widespread that in 2020, Meta flung open troves of internal data for university academics to study how Facebook and Instagram would affect the upcoming presidential election.

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