This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].  
In the News
 
By Peter Zampa
.....A debate over free speech is playing out on a national stage. Lawsuits involving the Biden administration, heated hearings in the House of Representatives, are all centering around the First Amendment.
“There’s a growing realization that this has become a problem,” said Brad Smith, founder of the Institute for Free Speech.
Smith says the executive branch allegedly working with tech companies to censor social media posts represents a dangerous new world.
“The government should not be engaged in that. That’s exactly what the First Amendment’s intended to stop,” said Smith.
By Darlene McCormick Sanchez
.....When a small-town Kansas newsroom was raided by local police a week ago, it touched a nationwide nerve that put the issue of government overreach front and center...
Tom Garrett, chief communications officer with the Institute for Free Speech, told The Epoch Times that the case touched off a firestorm because it's about speaking truth to power.
The idea that government can trample the rights of people holding it accountable—journalists in this case—strikes Americans as "foreign," Mr. Garrett said.
"It's like it comes from a totalitarian regime or third-world country," he said...
Mr. Garrett said that there is always the possibility of abuse of power by the government which makes a free independent press vital to a free country.
The raid of a family-owned newspaper in Marion County demonstrates that it's not just the federal government that needs to be checked. The freedom to speak can be subverted just as easily on the local and state level, Mr. Garrett said.
"Government overreach isn't necessarily some big, powerful, faceless federal bureaucracy. It can be that, but it could be a local county attorney or a local school board or any number of government actors," Mr. Garrett said.
The silver lining to the story is that the Kansas raid seemed to galvanize the idea that the right to free speech is still part of America's political landscape, Mr. Garrett said.
"Even in these politically charged times, when people are very divided… you see people from across the political spectrum coming together condemning it," he said.
New from the Institute for Free Speech
 
.....The Institute for Free Speech is saddened by the passing of former U.S. Senator James L. Buckley. James Buckley held many positions in the Reagan Administration, as well as serving as a judge on the United States Court of Appeals for the District of Columbia Circuit. He is also one of a handful of people to have served in all three branches of the federal government. He lived to be 100 years old.
James Buckley was a staunch defender of the First Amendment, particularly political speech. When he served in the Senate, he was the lead plaintiff in a lawsuit that led to the landmark 1976 Supreme Court decision, Buckley v. Valeo. His victory created a vital precedent protecting election campaign speech that impacted numerous crucial future cases, such as Citizens United v. Federal Election Commission (FEC).
On Buckley’s life and work, Institute for Free Speech Chairman and Founder Bradley Smith said, “Without James Buckley’s work, our rights as Americans would be significantly diminished. We are grateful for his contributions to protect robust political discourse and participation.”
Institute for Free Speech President David Keating remarked on Buckley’s passing, saying, “James Buckley was a thoughtful constitutional conservative who dedicated most of his life to promoting and protecting our freedoms.”
James Buckley will be remembered as a dedicated public servant and champion for free speech and privacy. The Institute for Free Speech honors his memory and salutes him for his years of service to our country.
The Courts
 
By Clair McFarland
.....A federal judge Friday temporarily blocked University of Wyoming leaders from censoring a Laramie church elder who lost presentation privileges at the college for a year for calling out a specific transgender student as “a male.”  
By Eugene Volokh
.....Some excerpts from Sandmann v. N.Y. Times Co., decided yesterday by the Sixth Circuit, in an opinion by Judge Jane Stranch, joined by Judge Stephanie Davis (for more details, read the full opinions):
.....Two men investigated by the Center for Public Integrity for a story about groups that fundraise for causes like childhood leukemia but keep virtually all the money have been charged in connection with “schemes to defraud donors,” according to the U.S. Attorney’s Office for the Southern District of New York.
Richard Zeitlin, 53, and Robert Piaro, 73, were both arrested and charged Thursday with wire fraud in connection with telemarketing. 
Congress
 
By Gene Takagi 
.....Two Republican leaders of the Ways and Means Committee have recently become concerned about nonprofit political campaign intervention activities and, on August 14, 2023, published an open letter requesting information from 501(c)(3) and 501(c)(4) organizations regarding their political activities.
From a political perspective, this is an interesting twist as Republican politicians and their supporters were better able to take advantage of the 2010 Citizens United Supreme Court holding, as compared to their Democrat peers, to use tax-exempt organizations as vehicles to encourage greater (and often dark) funding of political campaigns. The Republican Party platform during Trump’s nomination even included the goal of eliminating the prohibition against political campaign intervention by 501(c)(3) organizations. But it seems now that the Democrats have caught up and perhaps surpassed the Republicans on their use of tax-exempt organizations to support political campaigns.
From my perspective, as a tax-exempt organizations attorney, the 501(c)(3) prohibition on political campaign intervention (also referred to as the Johnson Amendment) is critically important to the nonprofit sector. As I’ve written in a previous post about this prohibition when it was threatened by the Republican Party –
Independent Groups
 
By Anna Massoglia
.....“Dark money” contributions from unknown sources continue to play a pivotal role in U.S. elections as party-aligned political groups direct millions in undisclosed funding to super PACs, ahead of what is anticipated to be the most expensive election cycle in history. 
Politically-active 501(c)(4) nonprofits associated with congressional leadership collectively funneled more than $16.5 million from anonymous donors to super PACs spending on 2024 federal elections during the first half of this year, an OpenSecrets analysis found. Democratic groups accounted for the bulk of this money, pouring about $14.3 million into super PACs closely tied to the party’s congressional leadership since the start of this year.
Taxpayer-Financed Campaigns
 
By George Joseph, Bianca Pallaro, Haidee Chu, Katie Honan, Tom Robbins, and April Xu
.....A recent college graduate told THE CITY his signature was forged on a $250 money order submitted by the Adams campaign in October 2019. The young man also said his now-deceased father was not an Adams donor either, even though he was listed in official contribution records as sending his own $250 money order to the campaign on the same day as his son. In campaign records, the older man was listed as “a housewife,” and his signature looks nothing like previous signatures he used in publicly filed property transactions.  
The four donations are among two clusters of contributions involving at least 127 people and totaling at least $39,938 to Adams’ 2021 mayoral campaign. One includes numerous donations, mostly from October 2019, from the employees and associates of a New York City-based appliance chain, AC & Appliances Center…
 Donors in both the New World Mall-Jmart cluster and the AC & Appliances Center cluster told THE CITY that they made their contributions at the behest of or with encouragement from managers at their workplaces.
The States
 
By Hillary Borrud
.....A political nonprofit long led by Oregon’s powerful public employee unions filed two ballot measure proposals last week that contain an end-run strategy aimed at killing a proposal that campaign finance reformers have been working to qualify for the ballot for more than a year to cap contributions and shed light on dark money.
The two measures that Our Oregon filed to get on the ballot in 2024 would similarly cap the size of political donations, but they would allow unions, business associations and other membership organizations to continue sending hundreds of thousands or even millions of dollars to candidates.
By Eugene Volokh
.....An excerpt from Attorney Grievance Comm'n v. Pierre, decided Wednesday by the Maryland Supreme Court, in an opinion by Chief Justice Fader:
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