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

Wired: The Internet Speech Case That the Supreme Court Can’t Dodge

.....A Supreme Court opinion in the NetChoice cases, far more than Gonzalez v. Google, has the potential to upend the laissez-faire approach that courts have applied since the internet’s infancy. The NetChoice cases are about more than just liability in lawsuits; they will require the Supreme Court to decide whether online platforms have a First Amendment right to moderate user content.

No court had ever before allowed the government to force websites to publish speech. “If allowed to stand, the Fifth Circuit’s opinion will upend settled First Amendment jurisprudence and threaten to transform speech on the internet as we know it today,” NetChoice wrote.

Reason: No, Vivek Ramaswamy, 'Political Expression' Shouldn't Be a 'Civil Right'

.....In essence, Ramaswamy is suggesting that the government treat political opinions the same way it treats race, which under federal law is a protected class. Employers may not make hiring and firing decisions on the basis of skin color; same goes for landlords deciding whom to rent to, hotel or restaurant owners turning away customers, and so on.

Boston Globe: Critics slam R.I. congressional candidate for family-funded super PAC

By Steph Machado and Edward Fitzpatrick

.....A candidate for Congress is taking heat this week for a new super PAC funded by members of his family.

Washington Post: DeSantis super PAC shares cost for private air travel in unusual deal

By Michael Scherer and Isaac Arnsdorf

.....An independent group funding much of Ron DeSantis’s presidential effort has become a joint investor with his campaign in a private transportation management company that provides lower-cost airplane leases for the Florida governor, according to two people familiar with the matter.

Techdirt: ‘Free Speech Absolutist’ Elon Musk Hides Effective Political Ad That Calls Out GOP

.....A few weeks ago, the Progress Action Fund released a political ad in Ohio that went somewhat viral on social media...

[I]t appears that commercial is a bit too hot and heavy (or upsetting to the Republican party that Elon has publicly said everyone should vote for), that he, free speech warrior that he is, has banned it, and “shadowbanned” (according to Musk and his fans) the Progress Action Fund’s account:

NPR: Musk vows to pay legal costs for users who get in trouble at work for their tweets

By Juliana Kim

.....Elon Musk said X, formerly known as Twitter, will cover the legal costs of anyone who gets in trouble with their boss for their activity on his social media platform.

"If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill," Musk wrote Saturday on X.

Reason (Volokh Conspiracy): Who Can Use Twitter's Offer of Legal Fees "If You Were Unfairly Treated by Your Employer Due to [Tweets]"?

.....Many people are unaware of this, but many states, counties, and cities ban even private employers from firing or otherwise disciplining their employees based on the employees' speech or political activity. What's covered varies widely: Some jurisdictions protect a very broad range of speech; others protect "political activity" defined broadly enough to protect a wide range of speech related to political matters; others protect only election-related speech (whether about candidates or ballot measures). There's a map available here, and I also tried including it in this post (right after this paragraph), but a glitch is keeping it from appearing for at least some readers.

Al.com: Guest opinion: Alabama law is unanimous win for privacy and free speech

By Heather Lauer

.....At a time when politics can feel hopelessly divided, Alabama lawmakers achieved an unusual victory this session. They set aside their differences and unanimously passed reforms to protect privacy and free speech.

Senate Bill 59, also known as The Personal Privacy Protection Act, ensures that Alabamians’ personal information is secure when donating to worthy nonprofit causes. It prohibits state agencies from demanding, collecting, or publicly releasing the names and addresses of nonprofit members and donors, except where required by current law.

Public News Service: Maine 'Clean Elections' Campaign Shifts to November Ballot

By Kathryn Carley

.....Advocates for "clean" elections in Maine are gearing up for a November ballot referendum that would ban foreign government spending in state elections.

The Maine Legislature recently passed a bill to enact a ban with broad bipartisan support, but it was ultimately vetoed by Gov. Janet Mills, who said the bill's language raised First Amendment concerns.

Washington Examiner: Ohio Republican accuses Libertarians of ‘cancel culture’ after ‘frivolous’ ethics complaint

By David Sivak

.....Republican Secretary of State Frank LaRose is accusing the Libertarian Party in Ohio of trying to silence him after it filed an ethics complaint over his advocacy for a state ballot measure.

The complaint points to his social media usage and a televised debate he participated in last month at which the moderators introduced him as the secretary of state.

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