The Latest News from the Institute for Free Speech August 18, 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]. The Courts Courthouse News: New Mexico campaign finance .....A federal court in New Mexico ruled in favor of the state’s Republican Party and declared New Mexico’s limits on contributions that state political parties can give to candidates and county parties unconstitutional, as the regulations fail to serve sufficiently important interests to justify the First Amendment infringement. Read the ruling here. Wall Street Journal: Progressives for Speech Discrimination By The Editorial Board .....Constitutional Law 101 teaches that the First Amendment forbids legislation that discriminates based on viewpoint. In a major victory for free speech, a D.C. Circuit Court of Appeals panel on Tuesday ruled that governments also can’t selectively enforce laws based on viewpoint. Pro-life advocates in Frederick Douglass Foundation v. D.C. challenged the district’s disparate enforcement of its anti-defacement law, which prohibits “willfully and wantonly . . . writ[ing], mark[ing], draw[ing], or paint[ing] on public or private property” without the consent of the property owner or public official. Bangor Daily News: COVID-questioning doctor sues medical licensing board for First Amendment violations By Ethan Andrews .....Dr. Meryl Nass, an Ellsworth physician and critic of government medical policies during the COVID-19 pandemic, is suing the Maine Board of Licensure in Medicine and its members, alleging that they retaliated against her for engaging in her First Amendment right to free speech. In a complaint filed in U.S. District Court Wednesday, Nass said the board of licensure used a vague “position statement” as the basis for suspending her license to practice medicine. That position statement said licensees could face disciplinary action if they “generate and spread COVID-19 vaccine misinformation or disinformation.” The lawsuit alleges that even questioning the COVID-19 vaccine constituted spreading misinformation. Congress Fox News: House Judiciary subpoenas DOJ, FBI for documents related to alleged collusion with Big Tech companies By Brooke Singman .....The House Judiciary Committee has subpoenaed the Justice Department and the FBI for documents related to its investigation into Big Tech censorship, Fox News Digital has learned. Fox News Digital exclusively obtained and reviewed the subpoenas Thursday, which compel the DOJ and FBI to turn over responsive documents and communications to the House Judiciary Committee by Sept. 18 at 9:00 a.m. FEC Federal Election Commission: Commission adopts new agency procedure related to certain litigation .....On July 13, 2023, the Commission adopted a new agency procedure related to litigation brought pursuant to 52 U.S.C. 30109(a)(8). Under the Federal Election Campaign Act, complainants may file suit against the Commission upon the Commission’s dismissal or failure to act on such complaint. The new agency procedure provides that the Commission will vote within 45 days of the service of such suit upon the Commission as to whether it will defend the action. Regardless of the outcome of the vote, the vote certification will be published on the Commission’s website, subject to appropriate redactions, as quickly as practicable. The Office of General Counsel may only file a response to such suit if four or more Commissioners vote to authorize defense of the Commission. If four or more Commissioners do not vote to authorize defense, or the Commission lacks a quorum to act, the Office of General Counsel will: Online Speech Platforms Washington Post: ChatGPT leans liberal, research shows By Gerrit De Vynck .....A paper from U.K.-based researchers suggests that OpenAI’s ChatGPT has a liberal bias, highlighting how artificial intelligence companies are struggling to control the behavior of the bots even as they push them out to millions of users worldwide. The States Newsweek: The Democrats Are Using Criminal Law to Fight Their Political Battles. It's Very, Very Dangerous By John Yoo and John Shu .....In their quest to sink Donald Trump, state prosecutors have expanded the criminal law dangerously far into the realm of politics, and have threatened legitimate First Amendment activity. District Attorney Fani Willis' use of the Georgia Racketeer Influenced and Corrupt Organizations ("RICO") Act to charge a political campaign with conducting a criminal enterprise makes innocent political activity into fodder for prosecutors, all without providing defendants a clear guide as to what conduct violates the law. While Democrats may cheer Willis on in her effort to convict Trump and his hodgepodge of allies who sought to overturn the results of the 2020 election, their triumph may turn to regret when Republican prosecutors turn these tools on their own political campaigns. Spectrum News: Renewed calls for Hochul to veto public campaign finance changes By Kate Lisa .....It's unclear where Gov. Kathy Hochul stands on signing legislation that would amend the state's public campaign financing program — a bill that narrowly passed both houses in the eleventh hour of this year's legislative session. The measure — headed for Hochul's desk by year's end — would alter the parameters of the state's public campaign finance system included in the state budget in 2020, which takes effect this election cycle… It's unclear to advocates and lawmakers if the governor intends to sign the measure into law. Hochul was asked about this legislation earlier this summer and wouldn't say where she stands on the proposal, but she did say this idea and push is coming from the Legislature. The governor continues to review the bill… 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. 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