August 14, 2023

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The Courts

Reason: A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.

By Billy Binion

.....In July 2017, Louisiana woman Nanette Krentel was shot in the head and left to be incinerated as her house burned down around her. More than two years went by before anyone was arrested in relation to the murder.

It was not the alleged murderer.

The sole arrest pertaining to Krentel's demise was that of a man who criticized the St. Tammany Parish Sheriff's Office's (STPSO) slow-going investigation of the case, which remains unsolved. If that sounds unconstitutional, it's because it is: On Wednesday, the U.S. Court of Appeals for the 5th Circuit confirmed that Jerry Rogers Jr.'s suit against Sheriff Randy Smith, Chief Danny Culpeper, and Sgt. Keith Canizaro may proceed, as they violated clearly established law when they arrested him for his speech.

Wall Street Journal: A Free-Speech Lesson for J.B. Pritzker

By The Editorial Board

.....Democrats are eager to make their states havens for abortion, and in Illinois they’re willing to violate free-speech rights along the way. That’s the finding of a federal judge who has enjoined a law to silence groups that run pregnancy help centers.

Gov. J.B. Pritzker recently signed a law amending the state’s Consumer Fraud and Deceptive Business Practices Act to sweep in pregnancy centers that counsel women against abortion. The law, drafted by Illinois Attorney General Kwame Raoul, regulates the antiabortion groups on grounds they engage in “deceptive business practices.”

The law “is both stupid and very likely unconstitutional,” federal Judge Iain Johnston wrote in an Aug. 4 order granting a preliminary injunction.

Congress

Wall Street Journal: The Constitution Protects ‘Harmful’ Speech

By Rachel Chiu

.....The Senate is considering a bill that poses serious risks to free speech. The Senate Commerce Committee recently advanced the Kids Online Safety Act by unanimous vote. It would empower government officials—state attorneys general and the Federal Trade Commission—to challenge social-media companies when they fail to prevent “harm to minors.” Invigorated with greater statutory authority, the already aggressive enforcement agencies would have the means to deem any speech unlawful and limit it under the guise of promoting child safety.

Free Expression

New York Times: Raid of Small Kansas Newspaper Raises Free Press Concerns

By Steven Lee Myers and Benjamin Mullin

.....A small town in Kansas has become a battleground over the First Amendment, after the local police force and county sheriff’s deputies raided the office of The Marion County Record.

Raids of news organizations are exceedingly rare in the United States, with its long history of legal protections for journalists. At The Record, a family-owned paper with a circulation of about 4,000, the police seized computers, servers and cellphones of reporters and editors. They also searched the home of the publication’s owner and semiretired editor as well as the home of a city councilwoman.

The searches, conducted on Friday, appeared to be linked to an investigation into how a document containing information about a local restaurateur found its way to the local newspaper — and whether the restaurant owner’s privacy was violated in the process.

Washington Examiner: Cornell pressured to upend DEI policies on eve of 'free speech' year

By Jeremiah Poff

.....A coalition of Cornell University alumni, faculty, and students unveiled a slew of policy proposals on Monday that they say will help the Ivy League school live up to its stated commitment to academic freedom and free speech.

The coalition, known as the Cornell Free Speech Alliance, released the list of 20 policy recommendations days before the 2023-2024 school year, which Cornell University President Martha Pollack previously announced will be the "Year of Free Speech."

The policy recommendations run the gambit. They include calling on the school to adopt the "Chicago Principles" of free speech, implementing free speech training during freshman orientation, and banning the use of diversity, equity, and inclusion statements in the faculty hiring process.

The group also called on the Ithaca, New York school to seek more "diversity of thought" among faculty and staff by "casting a wide net for potential applicants and encouraging application for admission or hiring from a wide array of economic, geographical, and cultural backgrounds."

Candidates and Campaigns

Roll Call: Some members of Congress using donor money to repay themselves

By Herb Jackson

.....Nearly $2.3 million in campaign contributions raised by 16 House and Senate members this cycle have gone to the lawmakers themselves to repay loans they made in past campaigns — two of them more than a decade ago.

Some candidates who lost are also still raising money, and repaying themselves. Republican Mehmet Oz, the television personality who lost the Pennsylvania Senate race in November, for example, paid himself $1.2 million this year, a CQ Roll Call analysis of new disclosures found.

While campaign contributions cannot legally be spent by candidates or office holders for personal expenses, that prohibition does not include loan repayments. Indeed, the Supreme Court in May 2022 struck down a $250,000 cap and time limits on repayments, agreeing with plaintiff Sen. Ted Cruz, R-Texas, that they were an unconstitutional burden on the free speech rights of wealthy candidates.

Daily Caller: CNN Guest Calls Small Donors ‘One Of The Biggest Problems For Democracy,’ Praises Wealthy Elite

By Harold Hutchison

.....Former National Review columnist Jonah Goldberg claimed Thursday that small donors in the Republican primary were a problem “for democracy” and “just venting their spleen” rather than acting strategically.

“Small donors in Iowa are more important as an indicator of grassroots support than anything else. But I also think we’re dealing with a time where there’s a lot of people, there’s a lot of cheering and self-congratulations about the rise of small donors a decade ago,” Goldberg told “Inside Politics” host Dana Bash.

“Now small donors are one of the biggest problems for democracy, for the GOP. Because small donor — large donors actually have a strategic view about moderation, who can win, who can’t. Small donors really are just venting their spleen with their credit card, and they lock candidates into positions that can hurt them in the general election,” Goldberg added.

The States

Chicago Tribune: Over free speech objections from ACLU, Gov. J.B. Pritzker signs measure that targets doxxing

By Jeremy Gorner

.....Earlier this month, Gov. J.B. Pritzker signed into law a measure that makes anyone in Illinois who engages in doxxing to be found civilly liable in court. The bill passed through the House and Senate with bipartisan support — and without any opposition — during the spring legislative session.

But an often key ally to progressives like Pritzker and other like-minded Democrats, the American Civil Liberties Union of Illinois, opposed the bill, citing free speech issues.

Some of the group’s issues were hashed out before the bill was signed into law, which goes into effect on Jan. 1. But even though the free speech concerns remained, the main House sponsor of the measure said the legislation was a necessary step to combat online harassment because previous legal remedies have been inadequate.

Archive.today link

Digital News Daily: Washington State Political Ad Disclosure Law Unconstitutional, Tech Groups Say

By Wendy Davis

.....A Washington state law requiring online companies to release detailed information about political ads to the public violates the First Amendment, the tech policy organizations NetChoice, Chamber of Progress and TechNet argue in new court papers.

The organizations are urging a Washington appellate court to reverse a ruling by King County Superior Court Judge Douglass North, who ruled that Meta Platforms violated the law and fined the company nearly $25 million.

The state measure, which was passed in November of 2018, requires companies displaying digital ads to make available a host of detailed information about them -- including the ads' cost and sponsors, descriptions of the geolocations and audiences targeted, and the total number of impressions generated.

Meta, which is appealing North's ruling, says in court papers filed in April that it attempted to ban all political advertising in the state, but that “some users chose to ignore the ban and ran those ads anyway.”

The company also argues to the state Court of Appeals that the law violates the First Amendment and is overriden by Section 230 of the Communications Decency Act, which immunizes companies from liability for users' posts.

Fox News: Dem Gov Katie Hobbs requested Twitter censor critics of tweet comparing Trump supporters to Nazis

By Houston Keene

.....Democratic Arizona Gov. Katie Hobbs requested the social media website formerly known as Twitter to censor critics of her tweet that compared supporters of former President Donald Trump to Nazis.

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